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

SUBPART A — GENERAL PROVISIONS U.K.

21.B.5 Scope U.K.

(a)

[F1 This 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 [F2 CAA] shall develop in accordance with [F3 Article 76 Regulation (EU) 2018/1139] certification specifications and guidance material to assist F4 ... in the implementation of this Section.

Textual Amendments

F1 Annex 1 point 21.B.5(a) substituted (1.7.2024) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(3), 7(2)(a)(i)

F2 Word in Annex 1 point 21.B.5(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 210(2)(b)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Annex 1 point 21.B.5(b) substituted (1.7.2024) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(3), 7(2)(a)(ii)

F4 Words in Annex 1 point 21.B.5(b) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 210(2)(b)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

[F5 21.B.6 Immediate reaction to a safety problem U.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

F5 Annex 1 point 21.B.6 inserted (1.7.2024) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(3), 7(2)(b)

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

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Annex 1 point 21.B.20 omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 210(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

[F7 21.B.25 Management system U.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

F7 Annex 1 point 21.B.25 substituted (1.7.2024) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(3), 7(2)(c)

[F8 21.B.30 Allocation of tasks to qualified entities U.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

F8 Annex 1 point 21.B.30 substituted (1.7.2024) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(3), 7(2)(d)

[F9 21.B.35 Changes in the management system U.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

F9 Annex 1 point 21.B.35 substituted (1.7.2024) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(3), 7(2)(e)

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

F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F10 Annex 1 point 21.B.40 omitted (1.7.2024) by virtue of The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(3), 7(2)(f)

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

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

Textual Amendments

F11 Annex 1 point 21.B.45 omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 210(8) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

[F12 21.B.55 Record keeping U.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

F12 Annex 1 point 21.B. 55 substituted (1.7.2024) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(3), 7(2)(g)

21.B.60 Airworthiness directives U.K.

F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Annex 1 point 21.B.60 omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 210(10) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

[F14 21.B.65 Suspension, limitation and revocation U.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

F14 Annex 1 point 21.B.65 inserted (1.7.2024) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(3), 7(2)(h)