Commission Regulation (EU) No 748/2012Dangos y teitl llawn

SECTION B U.K. PROCEDURES FOR COMPETENT AUTHORITIES

SUBPART A — GENERAL PROVISIONS U.K.

21.B.5 Scope U.K.

[F1 (a) This Section establishes the procedure for the competent authority, when exercising its tasks and responsibilities concerned with the issuance, maintenance, amendment, suspension and revocation of certificates, approvals and authorisations referred to in this Annex I.] U.K.

Textual Amendments

F1 Substituted by Commission Delegated Regulation (EU) 2019/897 of 12 March 2019 amending Regulation (EU) No 748/2012 as regards the inclusion of risk-based compliance verification in Annex I and the implementation of requirements for environmental protection (Text with EEA relevance).

(b) The Agency shall develop in accordance with Article 19 of Regulation (EC) No 216/2008 certification specifications and guidance material to assist Member States in the implementation of this Section. U.K.

21.B.20 Obligations of the competent authority U.K.

Each competent authority of the Member State is responsible for the implementation of Section A, Subparts F, G, H, I and P only for applicants, or holders, whose principal place of business is in its territory.

21.B.25 Requirements for the organisation of the competent authority U.K.

(a) General: U.K.

The Member State shall designate a competent authority with allocated responsibilities for the implementation of Section A, Subparts F, G, H, I and P with documented procedures, organisation structure and staff.

(b) Resources: U.K.

1.

the number of staff shall be sufficient to perform the allocated tasks;

2.

the competent authority of the Member State shall appoint a manager, or managers, who are responsible for the execution of the related task(s) within the authority, including the communication with the Agency and the other national authorities as appropriate.

(c) Qualification and training: U.K.

All staff shall be appropriately qualified and have sufficient knowledge, experience and training to perform their allocated task.

21.B.30 Documented procedures U.K.

(a) The competent authority of the Member State shall establish documented procedures to describe its organisation, means and methods to fulfil the requirements of this Annex I (Part 21). The procedures shall be kept up to date and serve as the basic working documents within that authority for all related activities. U.K.

(b) A copy of the procedures and their amendments shall be available to the Agency. U.K.

21.B.35 Changes in organisation and procedures U.K.

(a) The competent authority of the Member State shall notify any significant change in its organisation and documented procedures to the Agency. U.K.

(b) The competent authority of the Member State shall update its documented procedures relating to any change to regulations in a timely manner to ensure effective implementation. U.K.

21.B.40 Resolution of disputes U.K.

(a) The competent authority of the Member State shall establish a process for the resolution of disputes within its organisation documented procedures. U.K.

(b) Where a dispute, which cannot be resolved, exists between the competent authorities of the Member States it is the responsibility of the managers as defined in point 21.B.25(b)(2) to raise the issue with the Agency for mediation. U.K.

21.B.45 Reporting/coordination U.K.

(a) The competent authority of the Member State shall ensure coordination as applicable with other related certification, investigation, approval or authorisation teams of that authority, other Member States and the Agency to ensure efficient exchange of information relevant for safety of the products, parts and appliances. U.K.

(b) The competent authority of the Member State shall notify any difficulty in the implementation of this Annex I (Part 21) to the Agency. U.K.

21.B.55 Record-keeping U.K.

The competent authority of the Member State shall keep, or maintain access to, the appropriate records related to the certificates, approvals and authorisations it has granted in accordance with the respective national regulations, and for which responsibility is transferred to the Agency, as long as these records have not been transferred to the Agency.

21.B.60 Airworthiness directives U.K.

When the competent authority of a Member State receives an airworthiness directive from the competent authority of a non-member State, that airworthiness directive shall be transferred to the Agency for dissemination in accordance with Article 20 of Regulation (EC) No 216/2008.

[F1 SUBPART B — TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES U.K.

21.B.70 Certification specifications U.K.

The Agency, in accordance with Article 76(3) of Regulation (EU) 2018/1139, shall issue certification specifications and other detailed specifications, including certification specifications for airworthiness, operational suitability data and environmental protection, that competent authorities, organisations and personnel may use to demonstrate compliance of products, parts and appliances with the relevant essential requirements set out in Annexes II, IV and V to that Regulation, as well as with those for environmental protection set out in Article 9(2) and Annex III of that Regulation. Such specifications shall be sufficiently detailed and specific to indicate to applicants the conditions under which certificates are to be issued, amended or supplemented.

21.B.75 Special conditions U.K.

(a)

The Agency shall prescribe special detailed technical specifications, named ‘special conditions, for a product if the related certification specifications do not contain adequate or appropriate safety standards for the product because:

1.

the product has novel or unusual design features relative to the design practices on which the applicable certification specifications are based;

2.

the intended use of the product is unconventional; or

3.

experience from other similar products in service or products having similar design features or newly identified hazards have shown that unsafe conditions may develop.

(b)

Special conditions contain such safety standards as the Agency finds necessary in order to establish a level of safety equivalent to that of the applicable certification specifications.

21.B.80 Type-certification basis for a type-certificate or restricted type-certificate U.K.

The Agency shall establish the type certification basis and notify it to the applicant for a type-certificate or restricted type-certificate. The type certification basis shall consist of:

(a)

the certification specifications for airworthiness designated by the Agency from those applicable to the product at the date of application for that certificate, unless:

1.

the applicant chooses to comply, or is required to comply in accordance with point 21.A.15(f), with certification specifications which became applicable after the date of the application; If an applicant chooses to comply with a certification specification which became applicable after the date of the application, the Agency shall include in the type-certification basis any other certification specification that is directly related; or

2.

the Agency accepts any alternative to a designated certification specification that cannot be complied with, for which compensating factors have been found that provide an equivalent level of safety; or

3.

the Agency accepts or prescribes other means that:

(i)

in the case of a type-certificate, demonstrate compliance with the essential requirements of Annex II to Regulation (EU) 2018/1139; or

(ii)

in the case of a restricted type-certificate, provide a level of safety adequate with regard to the intended use; and

(b)

any special condition prescribed by the Agency in accordance with point 21.B.75(a).

21.B.82 Operational suitability data certification basis for an aircraft type-certificate or restricted type-certificate U.K.

The Agency shall establish the operational suitability data certification basis and notify it to the applicant for an aircraft type-certificate or restricted type-certificate. The operational suitability data certification basis shall consist of:

(a)

the certification specifications for operational suitability data designated by the Agency out of those applicable to the aircraft at the date of the application or at the date of the application supplement for operational suitability data, whichever date is later, unless:

1.

the applicant chooses to comply, or in accordance with point 21.A.15(f) is required to comply with certification specifications which became applicable after the date of the application; If an applicant chooses to comply with a certification specification which became applicable after the date of the application, the Agency shall include in the type-certification basis any other certification specification that is directly related; or

2.

the Agency accepts or prescribes alternative means to demonstrate compliance with the relevant essential requirements of Annexes II, IV and V to Regulation (EU) 2018/1139.

(b)

any special condition prescribed by the Agency in accordance with point 21.B.75(a).]

[F2 21.B.85 Designation of applicable environmental protection requirements and certification specifications for a type-certificate or restricted type-certificate U.K.

(a)

The Agency shall designate and notify to the applicant for a type-certificate or restricted type-certificate for an aircraft, for a supplemental type-certificate or for a major change to a type-certificate or to a supplemental type-certificate, the applicable noise requirements established in Annex 16 to the Chicago Convention, Volume I, Part II, Chapter 1 and:

1.

for subsonic jet aeroplanes, in Chapters 2, 3, 4 and 14;

2.

for propeller-driven aeroplanes in Chapters 3, 4, 5, 6, 10, and 14;

3.

for helicopters, in Chapters 8 and 11;

4.

for supersonic aeroplanes, in Chapter 12; and

5.

for tilt rotors, in Chapter 13.

(b)

The Agency shall designate and notify to the applicant referred to in point (a) the applicable emission requirements for preventions of intentional fuel venting for aircraft established in Annex 16 to the Chicago Convention, Volume II, Part II, Chapter 1 and 2.

(c)

The Agency shall designate and notify to the applicant referred to in point (a) the applicable smoke, gaseous and particulate matter engine emission requirements established in Annex 16 to the Chicago Convention, Volume II, Part III, Chapter 1 and

1.

for smoke and gaseous emissions of turbojet and turbofan engines intended for propulsion only at subsonic speeds, in Chapter 2;

2.

for smoke and gaseous emissions of turbojet and turbofan engines intended for propulsion at supersonic speeds, in Chapter 3;and

3.

for particulate matter emissions of turbojet and turbofan engines intended for propulsion only at subsonic speeds, in Chapter 4.

(d)

The Agency shall designate and notify to the applicant referred to in point (a) the applicable aeroplane CO ₂  emission requirements established in Annex 16 to the Chicago Convention, Volume III, Part II, Chapter 1 and

1.

for subsonic jet aeroplanes, in Chapter 2; and

2.

for subsonic propeller-driven aeroplanes, in Chapter 2.]

Textual Amendments

F2 Inserted by Commission Delegated Regulation (EU) 2019/897 of 12 March 2019 amending Regulation (EU) No 748/2012 as regards the inclusion of risk-based compliance verification in Annex I and the implementation of requirements for environmental protection (Text with EEA relevance).

[F1 21.B.100 Level of involvement U.K.

(a)

The Agency shall determine its involvement in the verification of the compliance demonstration activities and data related to the application for a type-certificate, restricted type-certificate, major change approval, supplemental type certificate, major repair design approval or ETSO authorisation for APU. It shall do so on the basis of an assessment of meaningful groups of compliance demonstration activities and data of the certification programme. That assessment shall address:

• the likelihood of an unidentified non-compliance with the type-certification basis, operational suitability data certification basis or environmental protection requirements; and

• the potential impact of that non-compliance on product safety or environmental protection,

and consider at least the following elements:

1.

novel or unusual features of the certification project, including operational, organisational and knowledge management aspects;

2.

complexity of the design and/or demonstration of compliance;

3.

criticality of the design or technology and the related safety and environmental risks, including those identified on similar designs; and

4.

performance and experience of the design organisation of the applicant in the domain concerned.

(b)

For the approval of a minor repair design, minor change or ETSO authorisation other than for APU, the Agency shall determine its involvement at the level of the entire certification project, taking into account any novel or unusual features, complexity of the design and/or demonstration of compliance, criticality of the design or technology, as well as the performance and experience of the applicant's design organisation.

(c)

The Agency shall notify its level of involvement to the applicant and it shall update its level of involvement when this is warranted by information which has an appreciable impact on the risk previously assessed pursuant to point (a) or (b). The Agency shall notify the applicant about the change in the level of involvement.

21.B.103 Issuance of a type-certificate or restricted type-certificate U.K.

(a)

The Agency shall issue an aircraft, engine or propeller type-certificate or an aircraft restricted type-certificate, provided that:

1.

the applicant has complied with point 21.A.21;

2.

the Agency, through verifications of the demonstration of compliance in accordance with its involvement determined pursuant to point 21.B.100, has not found any non-compliance with the type-certification basis, the operational suitability data certification basis where applicable in accordance with point 21.B.82, and the environmental protection requirements; and

3.

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

(b)

By derogation from point (a), at the applicant's request included in the declaration referred to in point 21.A.20(d), the Agency may issue an aircraft type-certificate before compliance with the operational suitability data certification basis has been demonstrated, provided that the applicant demonstrates such compliance before the date at which those data are to be actually used.]

(SUBPART C — NOT APPLICABLE) U.K.

SUBPART D — CHANGES TO TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES U.K.

[ F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F3 Deleted by Commission Regulation (EU) No 69/2014 of 27 January 2014 amending Regulation (EU) No 748/2012 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 (Text with EEA relevance).

[F1 21.B.105 Type-certification basis, environmental protection requirements and operational suitability data certification basis for a major change to a type-certificate U.K.

The Agency shall establish the applicable type-certification basis, the environmental protection requirements, and in the case of a change affecting the operational suitability data, the operational suitability data certification basis established in accordance with point 21.A.101 and notify them to the applicant for a major change to a type certificate.

21.B.107 Issuance of an approval of a change to a type-certificate U.K.

(a)

The Agency shall issue an approval of a change to a type-certificate provided that:

1.

the applicant for an approval has complied with:

(i)

point 21.A.95 for a minor change; or

(ii)

point 21.A.97 for a major change;

2.

the Agency, through its verification of the demonstration of compliance in accordance with the level of its involvement determined pursuant to point (a) or (b) of point 21.B.100 has not found any non-compliance with the type-certification basis, operational suitability data certification basis where applicable in accordance with point 21.B.82, and environmental protection requirements; and

3.

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

(b)

In the case of a change affecting the operational suitability data, by derogation from points (1) and (2) of point (a), at the applicant's request included in the declaration referred to in point 21.A.20(d), the Agency may approve a change to an aircraft type-certificate before compliance with the operational suitability data certification basis has been demonstrated, provided that the applicant demonstrates such compliance before the date at which those data are to be actually used.

(c)

The approval of the changes to the operational suitability data shall be included in the approval of the change to the type-certificate.

(d)

The approval of a change to a type-certificate shall be limited to the specific configuration(s) in the type-certificate to which the change relates.]

SUBPART E — SUPPLEMENTAL TYPE-CERTIFICATES U.K.

[F1 In this Subpart, references to type-certificates include type-certificates and restricted type-certificates.

21.B.109 Type-certification basis, environmental protection requirements and operational suitability data certification basis for a supplemental type-certificate U.K.

The Agency shall establish the applicable type-certification basis, the environmental protection requirements and, in the case of a change affecting the operational suitability data, the operational suitability data certification basis established in accordance with point 21.A.101 and notify them to the applicant for a supplemental type-certificate.

21.B.111 Issuance of a supplemental type-certificate U.K.

(a)

The Agency shall issue a supplemental type-certificate, provided that:

1.

the applicant has complied with point 21.A.115(b);

2.

the Agency, through its verification of the demonstration of compliance in accordance with the level of involvement established pursuant to point 21.B.100(a), has not found any non-compliance with the type-certification basis, operational suitability data certification basis where applicable in accordance with point 21.B.82, and environmental protection requirements; and

3.

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

(b)

In the case of a supplemental type-certificate affecting the operational suitability data, by derogation from points (1) and (2) of point (a), at the applicant's request included in the declaration referred to in point 21.A.20(d), the Agency may issue a supplemental type-certificate before compliance with the operational suitability data certification basis has been demonstrated, provided that the applicant demonstrates such compliance before the date at which those data are to be actually used.

(c)

The approval of the changes to the operational suitability data shall be included in the supplemental type-certificate.

(d)

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

SUBPART F — PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL U.K.

21.B.120 Investigation U.K.

(a) The competent authority shall appoint an investigation team for each applicant for, or holder of, a letter of agreement to conduct all relevant tasks related to this letter of agreement, consisting of a team-leader to manage and lead the investigation team and, if required, one or more team members. The team-leader shall report to the manager responsible for the activity, as defined in point 21.B.25 (b)(2). U.K.

(b) The competent authority shall perform sufficient investigation activities for an applicant for, or holder of, a letter of agreement to justify recommendations for the issuance, maintenance, amendment, suspension or revocation of the letter of agreement. U.K.

(c) The competent authority shall prepare procedures for the investigation of applicants for, or holders of, a letter of agreement as part of the documented procedures covering at least the following elements: U.K.

1.

evaluation of applications received;

2.

determination of investigation team;

3.

investigation preparation and planning;

4.

evaluation of the documentation (manual, procedures, etc.);

5.

auditing and inspection;

6.

follow up of corrective actions; and

7.

recommendation for issuance, amendment, suspension or revocation of the letter of agreement.

21.B.125 Findings U.K.

(a) When during audits or by other means objective evidence is found by the competent authority, showing non-compliance of the holder of a letter of agreement with the applicable requirements of Section A of this Annex, this finding shall be classified in accordance with point 21.A.125B(a). U.K.

(b) The competent authority shall take the following actions: U.K.

1.

for level 1 findings, immediate action shall be taken by the competent authority to limit, suspend or revoke the letter of agreement in whole or in part, depending upon the extent of the finding, until successful corrective action has been completed by the organisation;

2.

for level 2 findings, the competent authority shall grant a corrective action period appropriate to the nature of the finding that shall not be more than 3 months. In certain circumstances, at the end of this period and subject to the nature of the finding, the competent authority can extend the 3 months period subject to a satisfactory corrective action plan provided by the organisation.

(c) Action shall be taken by the competent authority to suspend the letter of agreement in whole or in part in case of failure to comply within the timescale granted by the competent authority. U.K.

21.B.130 Issue of letter of agreement U.K.

(a) When satisfied that the manufacturer is in compliance with the applicable requirements of Section A, Subpart F, the competent authority shall issue a letter of agreement to the showing of conformity of individual products, parts or appliances (EASA Form 65, see Appendix XI) without undue delay. U.K.

(b) The letter of agreement shall contain the scope of the agreement, a termination date and, where applicable, the appropriate limitations relating to the authorisation. U.K.

(c) The duration of the letter of agreement shall not exceed one year. U.K.

21.B.135 Maintenance of the letter of agreement U.K.

The competent authority shall maintain the letter of agreement as long as:

(a)

the manufacturer is properly using the EASA Form 52 (see Appendix VIII) as a statement of conformity for complete aircraft, and the EASA Form 1 (see Appendix I) for products other than complete aircraft, parts and appliances; and

(b)

inspections performed by the competent authority of the Member State before validation of the EASA Form 52 (see Appendix VIII) or the EASA Form 1 (see Appendix I), as per point 21.A.130(c) did not reveal any findings of non-compliance with the requirements or the procedures as contained in the manual provided by the manufacturer, or any non-conformity of the respective products, parts or appliances. These inspections shall check at least that:

1.

the agreement covers the product, part or appliance being validated, and remains valid;

2.

the manual described in point 21.A.125A(b) and its change status referred in the letter of agreement is used as basic working document by the manufacturer. Otherwise, the inspection shall not continue and therefore the release certificates shall not be validated;

3.

production has been carried out under the conditions prescribed in the letter of agreement and satisfactorily performed;

4.

inspections and tests (including flight tests, if appropriate), as per points 21.A.130(b)(2) and/or (b)(3), have been carried out under the condition prescribed in the letter of agreement and satisfactorily performed;

5.

the inspections by the competent authority described or addressed in the letter of agreement have been performed and found acceptable;

6.

the statement of conformity complies with point 21.A.130, and the information provided by it does not prevent its validation; and

(c)

any termination date for the letter of agreement has not been reached.

21.B.140 Amendment of a letter of agreement U.K.

(a) The competent authority shall investigate, as appropriate, in accordance with point 21.B.120 any amendment of the letter of agreement. U.K.

(b) When the competent authority is satisfied that the requirements of Section A, Subpart F continue to be complied with, it shall amend the letter of agreement accordingly. U.K.

21.B.145 Limitation, suspension and revocation of a letter of agreement U.K.

(a) The limitation, suspension or revocation of the letter of agreement shall be communicated in writing to the holder of the letter of agreement. The competent authority shall state the reasons for the limitation, suspension or revocation and inform the holder of the letter of agreement on its right to appeal. U.K.

(b) When a letter of agreement has been suspended it shall only be reinstated after compliance with Section A Subpart F has been re-established. U.K.

21.B.150 Record-keeping U.K.

(a) The competent authority shall establish a system of record-keeping that allows adequate traceability of the process to issue, maintain, amend, suspend or revoke each individual letter of agreement. U.K.

(b) The records shall at least contain: U.K.

1.

the documents provided by the applicant for, or holder of, a letter of agreement;

2.

documents established during investigation and inspection, in which the activities and the final results of the elements defined in point 21.B.120 are stated;

3.

the letter of agreement, including changes; and

4.

minutes of the meetings with the manufacturer.

(c) The records shall be archived for a minimum retention period of six years after termination of the letter of agreement. U.K.

(d) The competent authority shall also maintain records of all Statements of Conformity (EASA Form 52, see Appendix VIII) and Authorised Release Certificates (EASA Form 1, see Appendix I) that it has validated. U.K.

SUBPART G — PRODUCTION ORGANISATION APPROVAL U.K.

21.B.220 Investigation U.K.

(a) The competent authority shall appoint a production organisation approval team for each applicant, or holder of, a production organisation approval to conduct all relevant tasks related to this production organisation approval, consisting of a team leader to manage and lead the approval team and, if required, one or more team members. The team leader shall report to the manager responsible for the activity as defined in point 21.B.25(b)(2). U.K.

(b) The competent authority shall perform sufficient investigation activities for an applicant for, or holder of, a production organisation approval to justify recommendations for the issuance, maintenance, amendment, suspension or revocation of the approval. U.K.

(c) The competent authority shall prepare procedures for the investigation of a production organisation approval as part of the documented procedures covering at least the following elements: U.K.

1.

evaluation of applications received;

2.

determination of production organisation approval team;

3.

investigation preparation and planning;

4.

evaluation of the documentation (production organisation exposition, procedures, etc.);

5.

auditing;

6.

follow up of corrective actions;

7.

recommendation for issuance, amendment, suspension or revocation of production organisation approval;

8.

continued surveillance.

21.B.225 Findings U.K.

(a) When during audits or by other means objective evidence is found by the competent authority, showing non-compliance of the holder of a production organisation approval with the applicable requirements of Section A, this finding shall be classified in accordance with point 21.A.158(a). U.K.

(b) The competent authority shall take the following actions: U.K.

1.

for level 1 findings, immediate action shall be taken by the competent authority to limit, suspend or revoke the production organisation approval, in whole or in part, depending upon the extent of the finding, until successful corrective action has been completed by the organisation;

2.

for level 2 findings, the competent authority shall grant a corrective action period appropriate to the nature of the finding that shall not be more than 3 months. In certain circumstances, at the end of this period and subject to the nature of the finding, the competent authority can extend the 3 months period subject to a satisfactory corrective action plan provided by the organisation.

(c) Action shall be taken by the competent authority to suspend the approval in whole or in part in case of failure to comply within the timescale granted by the competent authority. U.K.

21.B.230 Issue of certificate U.K.

(a) When satisfied that the production organisation is in compliance with the applicable requirements of Section A, Subpart G, the competent authority shall issue a Production Organisation Approval (EASA Form 55, see Appendix X) without undue delay. U.K.

(b) The reference number shall be included on the EASA Form 55 in a manner specified by the Agency. U.K.

21.B.235 Continued surveillance U.K.

(a) In order to justify the maintenance of the production organisation approval the competent authority shall perform continued surveillance: U.K.

1.

to verify that the production organisation approval holder’s quality system complies with Section A Subpart G;

2.

to verify that the organisation of the production organisation approval holder operates in accordance with the production organisation exposition;

3.

to verify the effectiveness of the production organisation exposition procedures; and

4.

to monitor by sample the standards of the product, part or appliance.

(b) Continued surveillance shall be performed in accordance with point 21.B.220. U.K.

(c) The competent authority shall provide through planned continued surveillance that a production organisation approval is completely reviewed for compliance with this Annex I (Part 21) during a period of 24 months. The continued surveillance may be made up of several investigation activities during this period. The number of audits may vary depending upon the complexity of the organisation, the number of sites and the criticality of the production. As a minimum the holder of a production organisation approval shall be subject to continued surveillance activity by the competent authority at least once every year. U.K.

21.B.240 Amendment of a production organisation approval U.K.

(a) The competent authority shall monitor any minor change through the continued surveillance activities. U.K.

(b) The competent authority shall investigate as appropriate in accordance with point 21.B.220 any significant change of a production organisation approval or application by the holder of a production organisation approval for an amendment of the scope and terms of approval. U.K.

(c) When the competent authority is satisfied that the requirements of Section A, Subpart G continue to be complied with it shall amend the production organisation approval accordingly. U.K.

21.B.245 Suspension and revocation of a production organisation approval U.K.

(a) In case of a level one or level two finding, the competent authority shall partly or fully limit, suspend or revoke a production organisation approval as follows: U.K.

1.

in case of a level one finding the production organisation approval shall be immediately limited or suspended. If the holder of the production organisation approval fails to comply with point 21.A.158(c)(1), the production organisation approval shall be revoked;

2.

in case of a level two finding, the competent authority shall decide on any restriction to the scope of approval by temporary suspension of the production organisation approval or parts thereof. If the holder of a production organisation approval fails to comply with point 21.A.158(c)(2), the production organisation approval shall be revoked.

(b) The limitation, suspension or revocation of the production organisation approval shall be communicated in writing to the holder of the production organisation approval. The competent authority shall state the reasons for the suspension or revocation and inform the holder of the production organisation approval of its right to appeal. U.K.

(c) When a production organisation approval has been suspended it shall only be reinstated after compliance with Section A, Subpart G has been re-established. U.K.

21.B.260 Record-keeping U.K.

(a) The competent authority shall establish a system of record-keeping that allows adequate traceability of the process to issue, maintain, amend, suspend or revoke each individual production organisation approval. U.K.

(b) The records shall at least contain: U.K.

1.

the documents provided by the applicant for, or holder of, a production organisation approval certificate;

2.

documents established during the investigation, in which the activities and the final results of the elements defined in point 21.B.220 are stated, including findings established in accordance with point 21.B.225;

3.

the continued surveillance programme, including records of investigations performed;

4.

the production organisation approval certificate, including changes;

5.

minutes of the meetings with the holder of the production organisation approval.

(c) The records shall be archived for a minimum retention period of six years. U.K.

SUBPART H — CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS U.K.

21.B.320 Investigation U.K.

(a) The competent authority of the Member State of registry shall perform sufficient investigation activities for an applicant for, or holder of, an airworthiness certificate to justify the issuance, maintenance, amendment, suspension or revocation of the certificate or permit. U.K.

(b) The competent authority of the Member State of registry shall prepare evaluation procedures covering at least the following elements: U.K.

1.

evaluation of eligibility of the applicant;

2.

evaluation of the eligibility of the application;

3.

classification of airworthiness certificates;

4.

evaluation of the documentation received with the application;

5.

inspection of aircraft;

6.

determination of necessary conditions, restrictions or limitations to the airworthiness certificates.

21.B.325 Issue of airworthiness certificate U.K.

(a) The competent authority of the Member State of registry shall issue or change a certificate of airworthiness (EASA Form 25, see Appendix VI) without undue delay when it is satisfied that the requirements of point 21.B.326 and the applicable requirements of Section A of Subpart H of this Annex I (Part 21) are met. U.K.

(b) The competent authority of the Member State of registry shall issue or change a Restricted certificate of airworthiness (EASA Form 24, see Appendix V) without undue delay when it is satisfied that requirements of point 21.B.327 and the applicable requirements of Section A of Subpart H of this Annex I (Part 21) are met. U.K.

(c) For a new aircraft or used aircraft originating from a non-member State, in addition to the appropriate airworthiness certificate referred to in point (a) or (b), the competent authority of the Member State of registry shall issue an initial airworthiness review certificate (EASA Form 15a, see Appendix II). U.K.

[F1 21.B.326 Certificate of airworthiness U.K.

The competent authority of the Member State of registry shall issue a certificate of airworthiness for:

(a)

new aircraft:

1.

upon presentation of the documentation required by point 21.A.174(b)(2);

2.

where the competent authority of the Member State of registry is satisfied that the aircraft conforms to an approved design and is in a condition for safe operation; this may include inspections by the competent authority of the Member State of registry; and

3.

where the competent authority of the Member State of registry is satisfied that the aircraft is in compliance with the applicable CO ₂ emissions requirements on the date on which the certificate of airworthiness is first issued.

(b)

used aircraft:

1.

upon presentation of the documentation required by point 21.A.174(b)(3) demonstrating that:

(i)

the aircraft conforms to a type design approved under a type-certificate and any supplemental type-certificate, change or repair approved in accordance with this Annex I (Part 21) and;

(ii)

the applicable airworthiness directives have been complied with and;

(iii)

the aircraft has been inspected in accordance with the applicable provisions of Annex I (Part-M) to Regulation (EC) No 2042/2003 and;

(iv)

the aircraft was in compliance with the applicable CO ₂ emissions requirements on the date on which the certificate of airworthiness was first issued;

2.

where the competent authority of the Member State of registry is satisfied that the aircraft conforms to an approved design and is in a condition for safe operation; this may include inspections by the competent authority of the Member State of registry and;

3.

where the competent authority of the Member State of registry is satisfied that the aircraft was in compliance with the applicable CO ₂ emissions requirements on the date on which the certificate of airworthiness was first issued.]

21.B.327 Restricted certificate of airworthiness U.K.

(a) The competent authority of the Member State of registry shall issue a restricted certificate of airworthiness for: U.K.

1.

new aircraft:

(i)

upon presentation of the documentation required by point 21.A.174(b)(2);

(ii)

when the competent authority of the Member State of registry is satisfied that the aircraft conforms to a design approved by the Agency under a restricted type-certificate or in accordance with specific airworthiness specifications, and is in a condition for safe operation. This may include inspections by the competent authority of the Member State of registry;

2.

used aircraft:

(i)

upon presentation of the documentation required by point 21.A.174(b)(3) demonstrating that:

(A)

the aircraft conforms to a design approved by the Agency under a restricted type-certificate or in accordance with specific airworthiness specifications and any supplemental type-certificate change or repair approved in accordance with this Annex I (Part 21); and

(B)

the applicable airworthiness directives have been complied with; and

(C)

[F4 the aircraft has been inspected in accordance with the applicable provisions of Annex I (Part M) of Regulation (EC) No 2042/2003;]

(ii)

when the competent authority of the Member State of registry is satisfied that the aircraft conforms to the approved design and is in a condition for safe operation. This may include inspections by the competent authority of the Member State of registry.

Textual Amendments

F4 Substituted by Commission Regulation (EU) No 69/2014 of 27 January 2014 amending Regulation (EU) No 748/2012 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 (Text with EEA relevance).

(b) For an aircraft that cannot comply with the essential requirements referred to in Regulation (EC) No 216/2008 and which is not eligible for a restricted type-certificate, the Agency shall, as necessary to take account of deviations from these essential requirements: U.K.

1.

issue and check compliance with specific airworthiness specifications ensuring adequate safety with regard to the intended use, and

2.

specify limitations for use of this aircraft.

(c) Limitations for use will be associated with restricted certificates of airworthiness, including airspace restrictions, as necessary to take account of deviations from essential requirements for airworthiness laid down in Regulation (EC) No 216/2008. U.K.

21.B.330 Suspension and revocation of certificates of airworthiness and restricted certificates of airworthiness U.K.

(a) Upon evidence that any of the conditions specified in point 21.A.181(a) is not met, the competent authority of the Member State of registry shall suspend or revoke an airworthiness certificate. U.K.

(b) Upon issuance of the notice of suspension and revocation of a certificate of airworthiness or restricted certificate of airworthiness the competent authority of the Member State of registry shall state the reasons for the suspension or revocation and inform the holder of the certificate of its right to appeal. U.K.

21.B.345 Record-keeping U.K.

(a) The competent authority of the Member State of registry shall establish a system of record-keeping that allows adequate traceability of the process to issue, maintain, amend, suspend or revoke each individual airworthiness certificate. U.K.

(b) The records shall at least contain: U.K.

1.

the documents provided by the applicant;

2.

documents established during the investigation, in which the activities and the final results of the elements defined in point 21.B.320(b) are stated; and

3.

a copy of the certificate or permit, including amendments.

(c) The records shall be archived for a minimum retention period of six years after leaving that national register. U.K.

SUBPART I — NOISE CERTIFICATES U.K.

21.B.420 Investigation U.K.

(a) The competent authority of the Member State of registry shall perform sufficient investigation activities for an applicant for, or holder of, a noise certificate to justify the issuance, maintenance, amendment, suspension or revocation of the certificate. U.K.

(b) The competent authority of the Member State of registry shall prepare evaluation procedures as part of the documented procedures covering at least the following elements: U.K.

1.

evaluation of eligibility;

2.

evaluation of the documentation received with the application;

3.

inspection of aircraft.

21.B.425 Issue of noise certificates U.K.

The competent authority of the Member State of registry shall, as applicable, issue, or amend noise certificates (EASA Form 45, see Appendix VII) without undue delay when it is satisfied that the applicable requirements of Section A, Subpart I are met.

21.B.430 Suspension and revocation of a noise certificate U.K.

(a) Upon evidence that some of the conditions specified in point 21.A.211(a) are not met, the competent authority of the Member State of registry shall suspend or revoke a noise certificate. U.K.

(b) Upon issuance of the notice of suspension and revocation of a noise certificate the competent authority of the Member State of registry shall state the reasons for the suspension and revocation and shall inform the holder of the certificate on its right to appeal. U.K.

21.B.445 Record-keeping U.K.

(a) The competent authority of the Member State of registry shall establish a system of record-keeping with minimum retention criteria that allows adequate traceability of the process to issue, maintain, amend, suspend or revoke each individual noise certificate. U.K.

(b) The records shall at least contain: U.K.

1.

the documents provided by the applicant;

2.

documents established during the investigation, in which the activities and the final results of the elements defined in point 21.B.420(b) are stated;

3.

a copy of the certificate including amendments.

(c) The records shall be archived for a minimum retention period of six years after leaving that national register. U.K.

SUBPART J — DESIGN ORGANISATION APPROVAL U.K.

Administrative procedures established by the Agency shall apply.

SUBPART K — PARTS AND APPLIANCES U.K.

Administrative procedures established by the Agency shall apply.

(SUBPART L — NOT APPLICABLE) U.K.

SUBPART M — REPAIRS U.K.

[F1 21.B.450 Type-certification basis and environmental protection requirements for a repair design approval U.K.

The Agency shall designate any amendments to the type-certification basis incorporated by reference in, as applicable, either the type-certificate, the supplemental type-certificate or the APU ETSO authorisation, which the Agency considers necessary for maintaining a level of safety equal to that previously established and notify them to the applicant for a repair design.

21.B.453 Issuance of a repair design approval U.K.

(a)

The Agency shall issue an approval of a major repair design, provided that:

1.

the applicant has demonstrated its capability in accordance with point 21.A.432B;

2.

the applicant has complied with point 21.A.433;

3.

the Agency, through its verification of the demonstration of compliance in accordance with the level of involvement established pursuant to point 21.B.100(a), has not found any non-compliance with the type-certification basis and environmental protection requirements; and

4.

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

(b)

The Agency shall issue an approval of a minor repair design, provided that the applicant has complied with points (2) and (4) of point (a) and provided that the Agency, through its verifications of the demonstration of compliance in accordance with the level of involvement pursuant to point 21.B.100(b), has not found any non-compliance with the type-certification basis and environmental protection requirements.]

(SUBPART N — NOT APPLICABLE) U.K.

SUBPART O — EUROPEAN TECHNICAL STANDARD ORDER AUTHORISATIONS U.K.

[F1 21.B.480 Issuance of an ETSO authorisation U.K.

The Agency shall issue an ETSO authorisation, provided that:

(a)

the applicant has complied with point 21.A.606;

(b)

the Agency, through its verifications of the demonstration of compliance in accordance with the level of involvement pursuant to point 21.B.100(b), has not found any non-compliance with the technical conditions of the applicable ETSO or with deviations therefrom approved in accordance with point 21.A.610, if any; and

(c)

no feature or characteristic has been identified that may make the article unsafe for the uses for which certification is requested.]

SUBPART P — PERMIT TO FLY U.K.

21.B.520 Investigation U.K.

(a) The competent authority shall perform sufficient investigation activities to justify the issuance, or revocation of the permit to fly. U.K.

(b) The competent authority shall prepare evaluation procedures covering at least the following elements: U.K.

1.

evaluation of the eligibility of the applicant;

2.

evaluation of the eligibility of the application;

3.

evaluation of the documentation received with the application;

4.

inspection of the aircraft;

5.

approval of the flight conditions in accordance with point 21.A.710(b).

21.B.525 Issue of permits to fly U.K.

The competent authority shall issue a permit to fly (EASA Form 20a, see Appendix III) without undue delay:

(a)

upon presentation of the data required by point 21.A.707; and

(b)

when the flight conditions referred to in point 21.A.708 have been approved in accordance with point 21.A.710; and

(c)

when the competent authority, through its own investigations, which may include inspections, or through procedures agreed with the applicant, is satisfied that the aircraft conforms to the design defined under point 21.A.708 before flight.

21.B.530 Revocation of permits to fly U.K.

(a) Upon evidence that any of the conditions specified in point 21.A.723(a) are not met for a permit to fly it has issued, the competent authority shall revoke that permit to fly. U.K.

(b) Upon issuance of the notice of revocation of a permit to fly the competent authority shall state the reasons for the revocation and inform the holder of the permit to fly on the right to appeal. U.K.

21.B.545 Record-keeping U.K.

(a) The competent authority shall operate a system of record-keeping that provides adequate traceability of the process for the issue and revocation of each individual permit to fly. U.K.

(b) The records shall at least contain: U.K.

1.

the documents provided by the applicant;

2.

documents established during the investigation, in which the activities and the final results of the elements defined in point 21.B.520(b) are stated; and

3.

a copy of the permit to fly.

(c) The records shall be kept for a minimum of six years after the permit ceases to be valid. U.K.

SUBPART Q — IDENTIFICATION OF PRODUCTS, PARTS AND APPLIANCES U.K.

Administrative procedures established by the Agency shall apply.