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

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 (recast) (Text with EEA relevance)

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SECTION BU.K.PROCEDURES FOR [F1THE CAA]

SUBPART A —GENERAL PROVISIONSU.K.

21.B.5ScopeU.K.
(a)

[F2This section establishes the conditions for conducting the certification oversight and enforcement tasks as well as the administrative and management system requirements to be complied with by the CAA when exercising its tasks and responsibilities referred to in this Annex.]

(b)

The [F3CAA] shall develop in accordance with [F4Article 76 Regulation (EU) 2018/1139] certification specifications and guidance material to assist F5... in the implementation of this Section.

Textual Amendments

[F621.B.6Immediate reaction to a safety problemU.K.
(a)

Without prejudice to Regulation (EU) No 376/2014, the CAA must implement a system to appropriately collect, analyse and disseminate safety information.

(b)

Upon analysing the safety information, the CAA must take adequate measures to address any safety problem identified.

(c)

The CAA must immediately notify measures taken under point (b) to all persons who need to comply with them under Regulation (EU) 2018/1139.]

Textual Amendments

21.B.20Obligations of the competent authorityU.K.

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F821.B.25Management systemU.K.
(a)

The CAA must establish and maintain a management system, including at least the following:

1.

documented policies and procedures to describe the organisation, the means and methods for establishing compliance with Regulation (EU) 2018/1139. Those policies and procedures must be kept up to date, and must serve as the basic working documents within the CAA for all its related tasks;

2.

sufficient personnel to perform its tasks and discharge its responsibilities, together with a system to plan the availability of personnel to ensure proper completion of all tasks;

3.

qualified personnel that have the necessary knowledge and experience and training to perform their allocated tasks and receive initial and recurrent training to ensure continuing competency;

4.

adequate facilities and office accommodation for personnel to perform their allocated tasks;

5.

a means of monitoring compliance of the management system with the relevant requirements and the adequacy of the procedures, including an internal audit process and a safety risk management process. This must include a system for feedback of audit findings to the senior management of the CAA to ensure the implementation of corrective actions as necessary;

6.

a person with responsibility to the senior management of the CAA for compliance monitoring.

(b)

The CAA must, for each field of activity, including the management system, appoint one or more persons with the overall responsibility for the management of the relevant task.]

Textual Amendments

[F921.B.30Allocation of tasks to qualified entitiesU.K.
(a)

The CAA may allocate tasks related to the initial certification or to the continuing oversight of products and parts and persons subject to Regulation (EU) 2018/1139 to qualified entities. When allocating tasks, the CAA must:

1.

ensure it has a system in place to continuously assess compliance of the qualified entity with Annex VI to Regulation (EU) 2018/1139. That system and the assessment results must be documented;

2.

establish a written agreement with the qualified entity, approved by both parties at the appropriate management level, which specifies:

(i)

the tasks to be performed;

(ii)

the declarations, reports and records to be provided;

(iii)

the technical conditions to be met when performing such tasks;

(iv)

the related liability coverage;

(v)

the protection given to the information acquired when carrying out such tasks.

(b)

The CAA must ensure that the internal audit process and the safety risk management process established under point 21.B.25(a)(5) covers all the certification and continuing oversight tasks performed by the qualified entity on its behalf.]

Textual Amendments

[F1021.B.35Changes in the management systemU.K.
(a)

The CAA must have a system in place to identify changes that affect its capability to perform its tasks and discharge its responsibilities as defined in Regulation (EU) 2018/1139. That system must enable the CAA to take action necessary to ensure that its management system remains adequate and effective.

(b)

The CAA must, in a timely manner, update its management system to reflect any changes to Regulation (EU) 2018/1139 to ensure its effective implementation.]

Textual Amendments

21.B.40Resolution of disputesU.K.

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

21.B.45Reporting/coordinationU.K.

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

[F1321.B.55Record keepingU.K.
(a)

The CAA must establish a record-keeping system that allows the adequate storage, accessibility and traceability of:

1.

the documented policies and procedures of the management system;

2.

personnel training, qualification and authorisation records;

3.

allocation of tasks, covering the elements required by point 21.B.30, as well as the details of tasks allocated;

4.

certification processes and continuing oversight of certified organisations, including:

(i)

the application for a certificate, approval, authorisation and letter of agreement;

(ii)

the CAA’s continuing oversight programme, including all the assessments, audits and inspection records;

(iii)

the certificates, approvals, authorisations and letters of agreement issued, including any changes to them;

(iv)

a copy of the oversight programme, listing the dates when audits are due and when audits were carried out;

(v)

copies of all formal correspondence;

(vi)

recommendations for the issue or continuation of a certificate, an approval, authorisation or a letter of agreement, details of findings and actions taken by the organisations to close those findings, including the date of closure, enforcement actions and observations;

(vii)

any relevant assessment, audit and inspection report issued by the competent authority of a third country;

(viii)

copies of any other documents approved by the CAA;

5.

Statements of Conformity (CAA Form 52, Appendix VIII) and Authorised Release Certificates (CAA Form 1, Appendix I) that have been validated by the CAA for organisations that produce products, parts or appliances without a production organisation approval certificate according to Subpart F of Section A of this Annex.

(b)

The CAA must include in the record keeping:

1.

documents supporting the use of alternative means of compliance;

2.

safety information in accordance with point 21.B.6(a) and follow-up measures;

3.

the use of safeguard and flexibility provisions in accordance with Articles 70, 71(1) and 76(4) of Regulation (EU) 2018/1139.

(c)

The CAA must maintain a list of all the certificates, approvals, authorisations and letters of agreement it has issued.

(d)

All the records referred to in points (a) to (c) must be kept for at least 5 years, in so far as that is compatible with data protection legislation.]

Textual Amendments

21.B.60Airworthiness directivesU.K.

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F1521.B.65Suspension, limitation and revocationU.K.
(a)

The CAA must:

1.

suspend a relevant approval where it considers there are reasonable grounds to believe that such action is necessary to prevent a credible threat to aircraft safety;

2.

suspend, revoke or limit a relevant approval where such action is required pursuant to point 21.B.125, 21.B.225 or 21.B.433;

3.

suspend or revoke a certificate of airworthiness or a noise certificate upon evidence that any of the conditions specified in points 21.A.181(a) and 21.A.211(a) are not met;

4.

suspend or limit in whole or in part a relevant approval where unforeseeable circumstances outside the control of the CAA prevent its inspectors from discharging their oversight responsibilities over the oversight planning circle.

(b)

In this point, “relevant approval” means a certificate, approval, permit to fly, authorisation or letter of agreement.]

Textual Amendments

[F16[F16SUBPART B — TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES U.K.

21.B.70 Certification specifications U.K.

The [F17CAA], 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 F18... 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.

Textual Amendments

F18Words in Annex 1 point 21.B.70 omitted (31.12.2020) by virtue of The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(7)(a)(ii)

21.B.75 Special conditions U.K.
(a)

The [F19CAA] 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 [F19CAA] finds necessary in order to establish a level of safety equivalent to that of the applicable certification specifications.

Textual Amendments

F19Word in Annex 1 points 21.B.75-21.B.85 substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(7)(b)

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

The [F19CAA] 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 [F19CAA] 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 [F19CAA] shall include in the type-certification basis any other certification specification that is directly related; or

2.

the [F19CAA] 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 [F19CAA] 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 [F19CAA] 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 [F19CAA] 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 [F19CAA] 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 [F19CAA] shall include in the type-certification basis any other certification specification that is directly related; or

2.

the [F19CAA] 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 [F19CAA] in accordance with point 21.B.75(a).]

[F2021.B.85 Designation of applicable environmental protection requirements and certification specifications for a type-certificate or restricted type-certificate U.K.
(a)

The [F19CAA] 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 [F19CAA] 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 [F19CAA] 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 [F19CAA] 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

[F1621.B.100 Level of involvement U.K.
(a)

The [F21CAA] 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 [F22UKTSO] 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 [F23UKTSO] authorisation other than for APU, the [F24CAA] 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 [F25CAA] 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 [F25CAA] shall notify the applicant about the change in the level of involvement.

Textual Amendments

F21Word in Annex 1 point 21.B.100(a) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(7)(c)(i)

F23Word in Annex 1 point 21.B.100(b) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(7)(d)(i)

F25Word in Annex 1 point 21.B.100(c) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(7)(e)

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

The [F26CAA] 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 [F26CAA], 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 [F26CAA] 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.]

Textual Amendments

Textual Amendments

(SUBPART C — NOT APPLICABLE)U.K.

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

F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F1621.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 [F28CAA] 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.

Textual Amendments

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

The [F29CAA] 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 [F29CAA], 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 [F29CAA] 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.]

Textual Amendments

SUBPART E —SUPPLEMENTAL TYPE-CERTIFICATESU.K.

[F16In 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 [F30CAA] 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.

Textual Amendments

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

The [F30CAA] shall issue a supplemental type-certificate, provided that:

1.

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

2.

the [F30CAA], 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 [F30CAA] 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.]

[F3121.B.115Means of complianceU.K.
(a)

AMC may be used to establish compliance with Regulation (EU) 2018/1139 and this Regulation.

(b)

Alternative means of compliance may be used by an organisation to establish compliance with this Regulation when approved by the CAA.]

Textual Amendments

SUBPART F —PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVALU.K.

[F3221.B.120Initial certification procedureU.K.
(a)

The CAA must:

1.

upon receipt of an application for a letter of agreement for the purpose of demonstrating conformity of the individual products, parts and appliances, verify the applicant’s compliance with the applicable requirements;

2.

record all the findings issued, closure actions and recommendations for the issue of the letter of agreement;

3.

confirm in writing to the applicant all findings raised during the verification;

4.

issue the letter of agreement (CAA Form 65, Appendix XI) when satisfied that the applicant complies with the applicable requirements.

(b)

The letter of agreement must:

1.

contain the scope of the agreement, a termination date and, where applicable, the appropriate limitations;

2.

not exceed one year in duration.

(c)

Where the application is in relation to initial certification, the CAA may only issue the letter of agreement after being satisfied that all findings have been corrected to its satisfaction.]

Textual Amendments

[F3321.B.125Findings and corrective actions; observationsU.K.
(a)

The CAA must have a system in place to analyse findings for their safety significance.

(b)

The CAA must issue a level 1 finding where any significant non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139, with the organisation’s procedures or manuals, or with the certificate including the terms of approval, which lowers safety or seriously endangers flight safety.

(c)

Level 1 findings include:

1.

any failure to grant the CAA access to the organisation’s facilities referred to in point 21.A.8 during normal operating hours and after two written requests;

2.

obtaining the letter of agreement or maintaining its validity by falsification of the submitted documentary evidence; and

3.

any evidence of malpractice or fraudulent use of the letter of agreement.

(d)

The CAA must issue a level 2 finding where any non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139, the organisation’s procedures and manuals, or with the terms of the letter of agreement, which is not classified as a level 1 finding.

(e)

When a finding is detected during oversight or by any other means, the CAA must, without prejudice to any additional action required by Regulation (EU) 2018/1139, issue the finding to the organisation and request corrective action to address the non-compliance identified.

1.

Where there are any level 1 findings, the CAA must take immediate and appropriate action to prohibit or limit the activities of the organisation involved. Where appropriate, this action may be to revoke the letter of agreement or limit or suspend it in whole or in part, depending on the extent of the finding, until successful corrective action has been taken by the organisation.

2.

Where there are any level 2 findings, the CAA must:

(i)

grant the organisation a corrective action implementation period appropriate to the nature of the finding which must not be more than 3 months from the date of the written communication under point (e). At the end of that period, and subject to the nature of the finding, the CAA may extend the 3-month period provided that a corrective action plan has been agreed with the CAA;

(ii)

assess the corrective action plan and implementation method proposed by the organisation following the written communication under point (e), and if the assessment concludes that they are sufficient to address the non-compliance, accept them.

3.

Where the organisation fails to submit an acceptable corrective action plan or fails to perform the corrective action within the time period accepted or extended by the CAA, the CAA must raise the finding to level 1 and action must be taken as laid down in point (e)(1).

(f)

The CAA may issue observations for any of the following cases not requiring level 1 or level 2 findings:

1.

for any item whose performance has been assessed to be ineffective;

2.

when it has been identified that an item has the potential to cause a non-compliance under point (d) or (e);

3.

when suggestions or improvements are of interest for the overall safety performance of the organisation.

(g)

The CAA must communicate the observations issued under this point in writing to the organisation and must keep a record of those observations and communications.

(h)

The CAA, subject to the nature of the finding, may extend the 3 month corrective action implementation period provided that a corrective action plan has been agreed with the CAA.]

Textual Amendments

21.B.130Issue of letter of agreementU.K.

F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

21.B.135Maintenance of the letter of agreementU.K.

The [F35CAA] shall maintain the letter of agreement as long as:

(a)

the manufacturer is properly using the [F36CAA] Form 52 (see Appendix VIII) as a statement of conformity for complete aircraft, and the [F36CAA] Form 1 (see Appendix I) for products other than complete aircraft, parts and appliances; and

(b)

inspections performed by the [F37CAA] before validation of the [F38CAA] Form 52 (see Appendix VIII) or the [F38CAA] 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 [F39CAA] 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.

Textual Amendments

21.B.140Amendment of a letter of agreementU.K.
(a)

The [F40CAA] shall investigate, as appropriate, in accordance with point 21.B.120 any amendment of the letter of agreement.

(b)

When the [F40CAA] is satisfied that the requirements of Section A, Subpart F continue to be complied with, it shall amend the letter of agreement accordingly.

Textual Amendments

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

F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

21.B.150Record-keepingU.K.

F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F4321.B.215Means of complianceU.K.
(a)

AMC may be used to establish compliance with Regulation (EU)2018/1139.

(b)

Alternative means of compliance may be used by an organisation to establish compliance with this Regulation when approved by the CAA.]

Textual Amendments

SUBPART G —PRODUCTION ORGANISATION APPROVALU.K.

[F4421.B.220Initial certification procedureU.K.
(a)

Upon receipt of an application for the initial issue of a production organisation approval certificate, the CAA must verify the applicant’s compliance with the applicable requirements.

(b)

The CAA must convene a meeting with the accountable manager of the applicant at least once during the investigation for initial certification to ensure that this person understands their role and accountability.

(c)

The CAA must record all findings issued, closure actions and recommendations for the issue of the production organisation approval certificate.

(d)

The CAA must confirm to the applicant in writing all the findings raised during the verification.

(e)

For initial certification, all findings must be corrected to the satisfaction of the CAA before the certificate can be issued.

(f)

When the CAA is satisfied that the applicant complies with the applicable requirements, the CAA must issue the production organisation approval certificate (CAA Form 55 in Appendix X).

(g)

The certificate reference number must be included on the production organisation approval certificate.

(h)

The certificate must be issued for an unlimited duration. The privileges and scope of the activities that the organisation is approved to conduct, including any limitations as applicable, must be specified in the terms of approval attached to the certificate.]

Textual Amendments

[F4521.B.221Oversight principlesU.K.
(a)

In carrying out the oversight programme under point 21.B.222, the CAA must verify:

1.

compliance with the requirements that are applicable to organisations prior to issue of the production organisation approval certificate;

2.

continued compliance with the applicable requirements of the organisations it has certified;

3.

the implementation of appropriate safety measures mandated by the CAA according to point 21.B.6(c).

(b)

This verification must:

1.

be supported by documentation specifically intended to provide CAA personnel responsible for oversight with guidance to perform their functions;

2.

provide the organisations concerned with the results of oversight activities;

3.

be based on assessments, audits, inspections and, if needed, unannounced inspections;

4.

provide the CAA with the evidence of non-compliance needed in case further action is required, including the measures provided for in point 21.B.225.

(c)

The CAA must establish the scope of the oversight in points (a) and (b) taking into account the results of past oversight activities and the safety priorities.

(d)

The CAA must collect and process any information deemed necessary for performing its oversight activities.]

Textual Amendments

[F4521.B.222Oversight programmeU.K.
(a)

The CAA must establish and maintain an oversight programme covering the oversight activities in point 21.B.221(a).

(b)

The oversight programme must be based on the assessment of the associated risks and take into account the specific nature of the organisation, the complexity of its activities, and the results of past certification and past oversight activities. Within each oversight planning cycle, it must include:

1.

assessments, audits and inspections, including, as appropriate:

(i)

management system assessments and process audits;

(ii)

product audits of a relevant sample of the products, parts and appliances that are within the scope of the approval of the organisation;

(iii)

sampling of the work performed;

(iv)

unannounced inspection;

2.

meetings between the accountable manager and the CAA to ensure both parties remain informed of all significant issues.

(c)

The oversight planning cycle must not exceed 24 months.

(d)

Notwithstanding point (c), the oversight planning cycle may be extended to 36 months if the CAA has, in the preceding 24 months, established that:

1.

the organisation has demonstrated that it can effectively identify aviation safety hazards and manage the associated risks;

2.

the organisation has continuously demonstrated compliance with points 21.A.147 and 21.A.148 and it has full control over all changes to the production management system;

3.

no level 1 findings have been issued;

4.

all corrective actions have been implemented within the time period agreed with the CAA under point 21.B.225.

(e)

Notwithstanding points (c) and (d), the oversight planning cycle may be further extended to a maximum of 48 months if, in addition to the conditions set out at point (d), the organisation has established, and the CAA has approved, an effective, continuous system for reporting to the CAA on the safety performance and regulatory compliance of the organisation itself.

(f)

The oversight planning cycle may be reduced if there is evidence that the safety performance of the organisation has decreased.

(g)

The oversight programme must include records of the dates when assessments, audits, inspections and meetings are due, and when assessments, audits, inspections and meetings have been effectively carried out.

(h)

At the completion of each oversight planning cycle, the CAA must issue a recommendation report on the continuation of the approval, reflecting the results of the oversight.]

[F4621.B.225Findings and corrective actions; observationsU.K.
(a)

The CAA must have a system in place to analyse findings for their safety significance.

(b)

The CAA must issue a level 1 finding where any significant non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139, with the organisation’s procedures or manuals, or with the certificate including the terms of approval, which lowers safety or seriously endangers flight safety.

(c)

Level 1 findings include:

1.

any failure to grant the CAA access to the organisation’s facilities mentioned in point 21.A.8 during normal operating hours and after two written requests;

2.

obtaining the production organisation approval certificate or maintaining its validity by falsification of submitted documentary evidence;

3.

any evidence of malpractice or fraudulent use of the production organisation approval certificate;

4.

failure to appoint an accountable manager pursuant to point 21.A.245(a).

(d)

The CAA must issue a level 2 finding where any non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139, with the organisation’s procedures or manuals, or with the certificate including the terms of approval, which is not classified as a level 1 finding.

(e)

When a finding is detected during oversight or by any other means, the CAA must, without prejudice to any additional action required by Regulation (EU) 2018/1139, write to the organisation and request corrective action to address the non-compliance identified.

1.

If there are any level 1 findings, the CAA must take immediate and appropriate action to prohibit or limit the activities of the organisation involved and, if appropriate, revoke the production organisation approval certificate or limit or suspend it in whole or in part, depending on the extent of the level 1 finding, until successful corrective action has been taken by the organisation.

2.

If there are any level 2 findings, the CAA must grant the organisation a corrective action implementation period appropriate to the nature of the finding which must not be more than 3 months from the date of the written communication under point (e).

3.

If there are any level 2 findings, the CAA must assess the corrective action and implementation plan proposed by the organisation following the written communication under point (e), and if the assessment concludes that these are sufficient to address the non-compliance, accept them.

4.

Subject to the nature of the finding, at the end of the 3 month period referred to in point (e)(2), the CAA may extend the 3 month period provided that the organisation has agreed a corrective action plan with the CAA.

5.

If there are any level 2 findings, if the organisation fails to submit an acceptable corrective action plan or fails to perform the corrective action within the time period accepted or extended by the CAA, the finding must be raised to level 1, and action must be taken as laid down in point (e)(1).

(f)

The CAA may issue observations for any of the following cases not requiring level 1 or level 2 findings:

1.

for any item whose performance has been assessed to be ineffective; or

2.

when it has been identified that an item has the potential to cause a non-compliance under point (b) or (d);

3.

when suggestions or improvements are of interest for the overall safety performance of the organisation.

(g)

The CAA must notify the production organisation in writing of any observations issued under point (f) and must keep a record of those observations.]

Textual Amendments

21.B.230Issue of certificateU.K.

F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

21.B.235Continued surveillanceU.K.

F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F4921.B.240Changes in the production management systemU.K.
(a)

Upon receipt of an application for a significant change to the production management system, the CAA must verify the organisation’s compliance with the applicable requirements of this Annex before issuing the approval.

(b)

The CAA must establish the conditions under which the organisation may operate during the evaluation of a change unless the CAA determines that the production organisation approval certificate needs to be suspended.

(c)

When satisfied the organisation complies with the applicable requirements, the CAA must approve the change.

(d)

Without prejudice to any other enforcement measures, where the organisation implements a significant change to the production management system without prior approval of the CAA under point (c), the CAA may suspend, limit or revoke the organisation’s certificate if it considers necessary.

(e)

For non-significant changes to the production management system, the CAA must include the review of such changes in its continuing oversight in accordance with the principles set out in point 21.B.221. Where any non-compliance is found, the CAA must notify the organisation, request further changes and act in accordance with point 21.B.225.]

Textual Amendments

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

F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

21.B.260Record-keepingU.K.

F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

21.B.320InvestigationU.K.
(a)

The [F52CAA] 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.

(b)

The [F52CAA] shall prepare evaluation procedures covering at least the following elements:

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.

Textual Amendments

21.B.325Issue of airworthiness certificateU.K.
(a)

The [F53CAA] shall issue or change a certificate of airworthiness ([F54CAA] 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.

(b)

The [F55CAA] shall issue or change a Restricted certificate of airworthiness ([F56CAA] 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.

(c)

[F57For new aircraft, and used aircraft originating from a third country, in addition to the appropriate airworthiness certificate referred to in point (a) or (b), the CAA must issue:

1.

for aircraft subject to Annex I (Part-M) to Regulation (EU) No 1321/2014, an initial airworthiness review certificate (CAA Form 15a, Appendix II);

2.

for new aircraft subject to Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, an initial airworthiness review certificate (CAA Form 15c, Appendix II);

3.

for used aircraft originating from a third country, and subject to Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, an initial airworthiness review certificate (CAA Form 15c, Appendix II), when the CAA has performed the airworthiness review.]

Textual Amendments

[F1621.B.326 Certificate of airworthiness U.K.

The [F58CAA] 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 [F58CAA] is satisfied that the aircraft conforms to an approved design and is in a condition for safe operation; this may include inspections by the [F58CAA]; and

3.

where the [F58CAA] 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)

[F59the aircraft has been inspected in accordance with the provisions of Annex I (Part-M) or Annex Vb (Part-ML) of Regulation (EU) No 1321/2014, as appropriate.]

(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 [F58CAA] is satisfied that the aircraft conforms to an approved design and is in a condition for safe operation; this may include inspections by the [F58CAA] and;

3.

where the [F58CAA] 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.]

Textual Amendments

21.B.327Restricted certificate of airworthinessU.K.
(a)

The [F60CAA] shall issue a restricted certificate of airworthiness for:

1.

new aircraft:

(i)

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

(ii)

when the [F61CAA] is satisfied that the aircraft conforms to a design approved by the [F62CAA] 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 [F63CAA];

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)

[F59the aircraft has been inspected in accordance with the provisions of Annex I (Part-M) or Annex Vb (Part-ML) of Regulation (EU) No 1321/2014, as appropriate;]

(ii)

when the [F64CAA] is satisfied that the aircraft conforms to the approved design and is in a condition for safe operation. This may include inspections by the [F64CAA].

(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 [F65CAA] shall, as necessary to take account of deviations from these essential requirements:

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.

Textual Amendments

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

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

21.B.345Record-keepingU.K.

F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SUBPART I —NOISE CERTIFICATESU.K.

21.B.420InvestigationU.K.
(a)

The [F68CAA] 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.

(b)

The [F68CAA] shall prepare evaluation procedures as part of the documented procedures covering at least the following elements:

1.

evaluation of eligibility;

2.

evaluation of the documentation received with the application;

3.

inspection of aircraft.

Textual Amendments

21.B.425Issue of noise certificatesU.K.

The [F69CAA] shall, as applicable, issue, or amend noise certificates ([F70CAA] Form 45, see Appendix VII) without undue delay when it is satisfied that the applicable requirements of Section A, Subpart I are met.

Textual Amendments

21.B.430Suspension and revocation of a noise certificateU.K.

F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

21.B.445Record-keepingU.K.

F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72Annex 1 point 21.B.445 omitted (1.7.2024) by virtue of The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(3), 7(7) (also omitted by reg. 7(9))

SUBPART J —DESIGN ORGANISATION APPROVALU.K.

[F7321.B.430Initial certification procedureU.K.
(a)

Upon receiving an application for the initial issue of a design organisation approval, the CAA must verify the applicant’s compliance with the applicable requirements.

(b)

A meeting with the head of the design organisation must be convened at least once during the investigation for initial certification to ensure that this person understands their role and accountability.

(c)

The CAA must record all the findings issued, closure actions and recommendations for the issue of the design organisation approval.

(d)

The CAA must confirm to the applicant in writing all the findings raised during the verification. For initial certification, all findings must be corrected to the satisfaction of the CAA before the design organisation approval can be issued.

(e)

When satisfied that the applicant complies with the applicable requirements, the CAA must issue the design organisation approval.

(f)

The certificate reference number must be included in the design organisation approval in a manner specified by the CAA.

(g)

The certificate must be issued for an unlimited period of time. The privileges and the scope of the activities that the design organisation is approved to perform, including any limitations as applicable, must be specified in the terms of approval attached to the design organisation approval.

Textual Amendments

21.B.431Oversight principlesU.K.
(a)

The CAA must verify whether certified organisations continue to comply with the applicable requirements.

(b)

The verification must:

1.

be supported by documentation specifically intended to provide CAA personnel responsible for oversight with guidance to perform their functions;

2.

provide the organisations concerned with the results of oversight activities;

3.

be based on assessments, audits, and inspections pursuant to point 21.B.432 and, if needed, unannounced inspections;

4.

provide the CAA with the evidence needed in case further action is required, including the measures provided for in point 21.B.433.

(c)

The CAA must establish the scope of the oversight set out in point (b) taking into account the results of past oversight activities and the safety priorities.

(d)

The CAA must collect and process any information deemed necessary for performing oversight activities.

21.B.432Oversight programmeU.K.
(a)

The CAA must establish and maintain an oversight programme covering the oversight activities required to comply with point 21.A.431(a).

(b)

The oversight programme must take into account the specific nature of the organisation, the complexity of its activities, and the results of past certification and oversight activities, and it must be based on the assessment of the associated risks. It must include, within each oversight planning cycle:

1.

assessments, audits and inspections, including, where appropriate:

(i)

management system assessments and process audits;

(ii)

product audits of a relevant sample of the design and certification of the products, parts and appliances that are within the scope of work of the organisation;

(iii)

sampling of the work performed;

(iv)

unannounced inspections;

2.

meetings between the head of the design organisation and the CAA to ensure that both parties remain informed of all significant issues.

(c)

The oversight planning cycle must not exceed 24 months.

(d)

Notwithstanding point (c), the oversight planning cycle may be extended to 36 months if the CAA has established that during the previous 24 months:

1.

the organisation has demonstrated that it can effectively identify aviation safety hazards and manage the associated risks;

2.

the organisation has continuously demonstrated compliance with point 21.A.247 and has full control over all changes to the design management system;

3.

no level 1 findings have been issued;

4.

all corrective actions have been implemented within the time period that was accepted or extended by the CAA as provided for in point 21.B.433(e).

(e)

Notwithstanding points (c) and (d), the oversight planning cycle may be further extended to a maximum of 48 months if, in addition to the conditions laid down in point (d), the organisation has established, and the CAA has approved, an effective continuous system for reporting to the CAA on the safety performance and regulatory compliance of the organisation itself.

(f)

The oversight planning cycle may be reduced if there is evidence that the safety performance of the organisation has decreased.

(g)

The oversight programme must include records of the dates when assessments, audits, inspections and meetings are due, and when assessments, audits, inspections and meetings have been effectively carried out.

(h)

At the completion of each oversight planning cycle, the CAA must issue a recommendation report on the continuation of the approval, reflecting the results of the oversight.

21.B.433Findings and corrective actions; observationsU.K.
(a)

The CAA must have a system in place to analyse findings for their safety significance.

(b)

The CAA must issue a level 1 finding where a severe non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139, with the organisation’s procedures or manuals, or with the design organisation’s certificate including the terms of approval, which may lead to uncontrolled non-compliances and to a potential unsafe condition.

(c)

Level 1 findings include:

1.

any failure to grant the CAA access to the organisation’s facilities referred to in point 21.A.8 during normal operating hours and after two written requests;

2.

obtaining the design organisation approval or maintaining its validity by falsification of the submitted documentary evidence;

3.

any evidence of malpractice or fraudulent use of the design organisation approval;

4.

failure to appoint a head of the design organisation pursuant to point 21.A.245(a).

(d)

The CAA must issue a level 2 finding where any non-compliance, which is not classified as a level 1 finding is detected with the applicable requirements of Regulation (EU) 2018/1139, with the organisation’s procedures or manuals, or with the certificate including the terms of approval.

(e)

Where a finding is detected during oversight or by any other means, the CAA must, without prejudice to any additional action required by Regulation (EU) 2018/1139, communicate the finding in writing to the organisation and request corrective action to address the non-compliance identified.

1.

Where there are any level 1 findings:

(i)

the CAA must grant the organisation a corrective action implementation period, appropriate to the nature of the finding, which must not be more than 1 month commencing from the date of the written communication of the finding to the organisation under point (e);

(ii)

the CAA must assess the corrective action plan and implementation plan proposed by the organisation, and if it concludes that they are sufficient to address the non-compliance, accept them;

(iii)

where the organisation fails to submit an acceptable corrective action plan, or fails to perform the corrective action within the time period accepted by the CAA, take immediate and appropriate action to prohibit or limit the activities of the organisation involved and, if appropriate, take action to revoke the design organisation approval or to limit or suspend it in whole or in part, depending on the extent of the level 1 finding, until successful corrective action has been taken by the organisation.

2.

Where there are any level 2 findings:

(i)

the CAA must grant the organisation a corrective action implementation period, appropriate to the nature of the finding, which must not be more than 3 months commencing from the date of the written communication of the finding to the organisation under point (e). At the end of the 3 month period, and subject to the nature of the finding, the CAA may extend the 3 month period provided that a corrective action plan has been agreed by the CAA;

(ii)

the CAA must assess the corrective action and the implementation plan proposed by the organisation, and if it concludes that they are sufficient to address the non-compliance, accept them;

(iii)

where the organisation fails to submit an acceptable corrective action plan or fails to perform the corrective action within the time period accepted or extended by the CAA, the CAA must raise the finding to level 1 and action must be taken as laid down in point (e)(1).

(f)

The CAA may issue observations for any of the following cases not requiring level 1 or level 2 findings:

1.

for any item whose performance has been assessed as ineffective;

2.

when it has been identified that an item has the potential to cause a non-compliance under points (b), (c) or (d);

3.

when suggestions or improvements are of interest for the overall safety performance of the organisation.

(g)

The observations issued under this point must be communicated in writing to the organisation and recorded by the CAA.

21B.435Changes in the design management systemU.K.
(a)

Upon receiving an application for a significant change to the design management system, the CAA must verify the organisation’s compliance with the applicable requirements of Regulation (EU) 2018/1139 before issuing the approval.]

(b)

The CAA must establish the conditions under which the organisation may operate during the change unless the CAA determines that the design organisation approval needs to be suspended.

(c)

When it is satisfied that the organisation complies with the applicable requirements of Regulation (EU) 2018/1139, the CAA must approve the change.

(d)

Without prejudice to any additional enforcement measures, if the organisation implements a significant change to the design management system without having received the approval of the CAA pursuant to point (c), the CAA must consider the need to suspend, limit or revoke the organisation’s certificate.

(e)

For non-significant changes to the design management system, the CAA must include the review of such changes in its continuing oversight in accordance with the principles set out in point 21.B.431. If any non-compliance is found, the CAA must notify the organisation, request further changes and act in accordance with point 21.B.433.

SUBPART K —PARTS AND APPLIANCESU.K.

Administrative procedures established by the [F74CAA] shall apply.

Textual Amendments

(SUBPART L — NOT APPLICABLE)U.K.

SUBPART M —REPAIRSU.K.

[F1621.B.450 Type-certification basis and environmental protection requirements for a repair design approval U.K.

The [F75CAA] 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 [F76UKTSO] authorisation, which the [F77CAA] considers necessary for maintaining a level of safety equal to that previously established and notify them to the applicant for a repair design.

Textual Amendments

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

The [F78CAA] 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 [F78CAA], 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 [F78CAA] 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 [F78CAA], 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.]

Textual Amendments

(SUBPART N — NOT APPLICABLE)U.K.

SUBPART O — [F79UNITED KINGDOM] TECHNICAL STANDARD ORDER AUTHORISATIONSU.K.

[F1621.B.480 Issuance of an ETSO authorisation U.K.

The [F80CAA] shall issue an [F81UKTSO] authorisation, provided that:

Textual Amendments

(a)

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

(b)

the [F82CAA], 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 [F83UKTSO] 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.]

Textual Amendments

F82Word in Annex 1 point 21.B.480(b) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(9)(c)(i)

Textual Amendments

F79Words in Annex 1 s. B Subpart O heading substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 221(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

SUBPART P —PERMIT TO FLYU.K.

21.B.520InvestigationU.K.
(a)

The [F84CAA] shall perform sufficient investigation activities to justify the issuance, or revocation of the permit to fly.

(b)

The [F84CAA] shall prepare evaluation procedures covering at least the following elements:

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).

Textual Amendments

21.B.525Issue of permits to flyU.K.

The [F85CAA] shall issue a permit to fly ([F86CAA] 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 [F87CAA], 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.

Textual Amendments

21.B.530Revocation of permits to flyU.K.

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

21.B.545Record-keepingU.K.

F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SUBPART Q —IDENTIFICATION OF PRODUCTS, PARTS AND APPLIANCESU.K.

Administrative procedures established by the [F90CAA] shall apply.]

Textual Amendments

Textual Amendments

F1Words in Annex 1 Pt. 21 s. B heading substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 209 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

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