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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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THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC(1), and in particular Articles 5(5) and 6(3) thereof,
Whereas:
(1) Commission Regulation (EC) No 1702/2003 of 24 September 2003 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(2) has been substantially amended several times(3). Since further amendments are to be made, it should be recast in the interests of clarity.
(2) Regulation (EC) No 216/2008 establishes common essential requirements to provide for a high uniform level of civil aviation safety and environmental protection. It requires the Commission to adopt the necessary implementing rules to ensure their uniform application. It establishes the ‘European Aviation Safety Agency’ (hereinafter referred to as the ‘Agency’) to assist the Commission in the development of such implementing rules.
(3) It is necessary to lay down common technical requirements and administrative procedures to ensure the airworthiness and environmental compatibility of aeronautical products, parts and appliances, subject to Regulation (EC) No 216/2008. Such requirements and procedures should specify the conditions to issue, maintain, amend, suspend or revoke the appropriate certificates.
(4) Organisations involved in the design and production of products, parts and appliances should be required to comply with certain technical requirements in order to demonstrate their capability and means to discharge their obligations and associated privileges. The Commission is required to lay down measures to specify conditions to issue, maintain, amend, suspend or revoke certificates attesting such compliance.
(5) In laying down measures for the implementation of common essential requirements in the field of airworthiness, the Commission must take care that they reflect the state of the art and the best practices, take into account worldwide aircraft experience and scientific and technical progress and allow for immediate reaction to established causes of accidents and serious incidents.
(6) The need to ensure uniformity in the application of common airworthiness and environmental requirements for aeronautical products, parts and appliances requires that common procedures be followed by the competent authorities of the Member States and, where applicable, the Agency to assess compliance with these requirements. The Agency should develop certification specifications and guidance material to facilitate the necessary regulatory uniformity.
(7) It is necessary to recognise the continuing validity of certificates issued before the entry into force of Regulation (EC) No 1702/2003, in accordance with Article 69 of Regulation (EC) No 216/2008.
(8) In order to maintain a high uniform level of aviation safety in Europe, it is necessary to introduce changes to requirements and procedures for the certification of aircraft and related products, parts and appliances and of design and production organisations, in particular to elaborate the rules related to the demonstration of compliance with the type-certification basis and environmental protection requirements and to introduce the possibility to choose to comply with later standards for changes to type-certificates.
(9) The concept and complexity of auxiliary power units (APU) resembles that of aircraft engines and in some cases APU designs are even derived from engine designs. Changes to provisions for repairs to APU are therefore needed to restore consistency with repairs process to engines.
(10) In order to subject non-complex motor-powered aircraft, recreational aircraft and related products, parts and appliances to measures that are proportionate to their simple design and type of operation, while maintaining a high uniform level of aviation safety in Europe, it is necessary to introduce changes to requirements and procedures for the certification of those aircraft and related products, parts and appliances and of design and production organisations and in particular, for the owners of European Light Aircraft below 2 000 kg (ELA2) or below 1 200 kg (ELA1), to introduce the possibility to accept certain not safety critical parts for installation without an EASA Form 1.
(11) The Agency prepared draft implementing rules and submitted them as opinions No 01/2009 on ‘Possibility to deviate from airworthiness code in case of design changes’, No 02/2009 on ‘Repair and design changes to European Technical Standard Order’, No 01/2010 on ‘SubPart J DOA’ and Opinion No 01/2011 on ‘ELA Process and “standard changes and repairs”’ to the Commission in accordance with Article 19(1) of Regulation (EC) No 216/2008.
(12) The measures provided for in this Regulation are in accordance with the opinion of the European Aviation Safety Agency Committee established by Article 65(1) of Regulation (EC) No 216/2008,
HAS ADOPTED THIS REGULATION:
1.This Regulation lays down, in accordance with Article 5(5) and Article 6(3) of Regulation (EC) No 216/2008, common technical requirements and administrative procedures for the airworthiness and environmental certification of products, parts and appliances specifying:
(a)the issue of type-certificates, restricted type-certificates, supplemental type-certificates and changes to those certificates;
(b)the issue of certificates of airworthiness, restricted certificates of airworthiness, permits to fly and authorised release certificates;
(c)the issue of repair design approvals;
(d)the showing of compliance with environmental protection requirements;
(e)the issue of noise certificates;
(f)the identification of products, parts and appliances;
(g)the certification of certain parts and appliances;
(h)the certification of design and production organisations;
(i)the issue of airworthiness directives.
2.For the purpose of this Regulation, the following definitions shall apply:
(a)‘JAA’ means the ‘Joint Aviation Authorities’;
(b)‘JAR’ means ‘Joint Aviation Requirements’;
(c)‘Part 21’ means the requirements and procedures for the certification of aircraft and related products, parts and appliances, and of design and production organisations laid down in Annex I to this Regulation;
[F1(d) ‘Part M’ means the applicable continuing airworthiness requirements adopted in pursuance of Regulation (EC) No 216/2008;]
(e)‘principal place of business’ means the head office or registered office of the undertaking within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised;
(f)‘article’ means any part and appliance to be used on civil aircraft;
(g)[F2‘UKTSO’] means [F3United Kingdom Technical Standard Order]. The [F3United Kingdom Technical Standard Order] is a detailed airworthiness specification issued by the [F4Civil Aviation Authority (the ‘CAA’)] to ensure compliance with the requirements of this Regulation as a minimum performance standard for specified articles;
[F5(gg)‘Agency’ means the European Union Aviation Safety Agency;]
(h)[F6‘UKPA’] means [F7United Kingdom] Part Approval. [F7United Kingdom] Part Approval of an article means the article has been produced in accordance with approved design data not belonging to the type-certificate holder of the related product, except for [F8UKTSO] articles;
(i)‘ELA1 aircraft’ means the following manned European Light Aircraft:
an aeroplane with a Maximum Take-off Mass (MTOM) of 1 200 kg or less that is not classified as complex motor-powered aircraft;
a sailplane or powered sailplane of 1 200 kg MTOM or less;
a balloon with a maximum design lifting gas or hot air volume of not more than 3 400 m3 for hot air balloons, 1 050 m3 for gas balloons, 300 m3 for tethered gas balloons;
an airship designed for not more than 4 occupants and a maximum design lifting gas or hot air volume of not more than 3 400 m3 for hot air airships and 1 000 m3 for gas airships;
(j)‘ELA2 aircraft’ means the following manned European Light Aircraft:
an aeroplane with a Maximum Take-off Mass (MTOM) of 2 000 kg or less that is not classified as complex motor-powered aircraft;
a sailplane or powered sailplane of 2 000 kg MTOM or less;
a balloon;
a hot air airship;
a gas airship complying with all of the following characteristics:
3 % maximum static heaviness,
Non-vectored thrust (except reverse thrust),
Conventional and simple design of: structure, control system and ballonet system,
Non-power assisted controls;
a Very Light Rotorcraft [F9;]
[F10(k) ‘Operational Suitability Data (OSD)’ means data, which are part of an aircraft type-certificate, restricted type-certificate or supplemental type-certificate, consisting of all of the following:
the minimum syllabus of pilot type rating training, including determination of type rating;
the definition of scope of the aircraft validation source data to support the objective qualification of simulators or the provisional data to support their interim qualification;
the minimum syllabus of maintenance certifying staff type rating training, including determination of type rating;
determination of type or variant for cabin crew and type specific data for cabin crew;
the master minimum equipment list.]
Textual Amendments
F1Deleted by Commission Delegated Regulation (EU) 2020/570 of 28 January 2020 amending and correcting Regulation (EU) No 748/2012 as regards the alignment of rules for continuing airworthiness of aircraft and aeronautical products, parts and appliances with Regulation (EU) No 1321/2014 (Text with EEA relevance).
F2Word in Art. 1(2)(g) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 182(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 1(2)(g) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 182(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 1(2)(g) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 182(a)(iii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F5Art. 1(2)(gg) inserted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 182(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F6Word in Art. 1(2)(h) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 182(c)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 1(2)(h) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 182(c)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F8Word in Art. 1(2)(h) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 182(c)(iii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
1.Products, parts and appliances shall be issued certificates as specified in Annex I (Part 21).
2.By way of derogation from point 1, aircraft, including any installed product, part and appliance, which are not registered in [F11the United Kingdom] shall be exempted from the provisions of Subparts H and I of Annex I (Part 21). They shall also be exempted from the provisions of Subpart P of Annex I (Part 21) except when aircraft identification marks are prescribed by [F12the Secretary of State].
Textual Amendments
F11Words in Art. 2(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 183(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in Art. 2(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 183(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
1.With regard to products which had a type-certificate, or a document allowing the issuing of a certificate of airworthiness, issued before 28 September 2003 by a Member State [F13or the United Kingdom], the following provisions shall apply:
(a)the product shall be deemed to have a type-certificate issued in accordance with this Regulation when:
[F14its type-certification basis was:
the JAA type-certification basis, for products that have been certificated under JAA procedures, as defined in their JAA data sheet, or
for other products, the type-certification basis as defined in the type-certificate data sheet of the State of design, if that State of design was:
a Member State, unless the [F15CAA] determines, taking into account, in particular, certification specifications used and service experience, that such type-certification basis does not provide for a level of safety equivalent to that required by Regulation (EC) No 216/2008 and this Regulation, or
a State with which a Member State had concluded a bilateral airworthiness agreement or similar arrangement under which such products have been certificated on the basis of the certification specifications of that State of design, unless the [F15CAA] determines that such certification specifications or service experience or the safety system of that State of design do not provide for a level of safety equivalent to that required by Regulation (EC) No 216/2008 and this Regulation.
F16...]
the environmental protection requirements were those laid down in Annex 16 to the Chicago Convention, as applicable to the product;
the applicable airworthiness directives were those of the State of design;
(b)the design of an individual aircraft, which was on the register of a Member State before 28 September 2003, shall be deemed to have been approved in accordance with this Regulation when:
its basic type design was part of a type-certificate referred to in point (a);
all changes to this basic type design, which were not under the responsibility of the type-certificate holder, had been approved; and
the airworthiness directives issued or adopted by the Member State of registry before 28 September 2003 were complied with, including any variations to the airworthiness directives of the State of design agreed by the Member State of registry.
2.With regard to products for which a type-certification process was proceeding through the JAA or a Member State on 28 September 2003, the following shall apply:
(a)if a product is under certification by several Member States, the most advanced project shall be used as the reference;
(b)points 21.A.15(a), (b) and (c) of Annex I (Part 21) shall not apply;
[F14(c) by way of derogation from point 21.A.17A of Annex I (Part 21), the type-certification basis shall be that established by the JAA or, where applicable, the Member State at the date of application for the approval;
(d) compliance findings made under JAA or Member State procedures shall be deemed to have been made by the Agency for the purpose of complying with points 21.A.20(a) and (d) of Annex I (Part 21).]
3.With regard to products that have a national type-certificate, or equivalent, and for which the approval process of a change carried out by a Member State was not finalised at the time when the type-certificate had to be in accordance with this Regulation, the following shall apply:
(a)if an approval process is being carried out by several Member States, the most advanced project shall be used as the reference;
(b)point 21.A.93 of Annex I (Part 21) shall not apply;
(c)the applicable type-certification basis shall be that established by the JAA or, where applicable, the Member State at the date of application for the approval of change;
(d)compliance findings made under JAA or Member State procedures shall be deemed to have been made by the Agency for the purpose of complying with points 21.A.103(a)(2) and (b) of Annex I (Part 21).
4.With regard to products that had a national type-certificate, or equivalent, and for which the approval process of a major repair design carried out by a Member State was not finalised at the time when the type-certificate had to be determined in accordance with this Regulation, compliance findings made under JAA or Member State procedures shall be deemed to have been made by the Agency for the purpose of complying with point 21.A.433(a) of Annex I (Part 21).
5.A certificate of airworthiness issued by a Member State attesting conformity with a type-certificate determined in accordance with point 1 shall be deemed to comply with this Regulation.
Textual Amendments
F13Words in Art. 3(1) inserted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 184(2)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F14Substituted 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).
F15Word in Art. 3(1)(a)(i) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 184(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)
F16Words in Art. 3(1)(a)(i) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 184(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)
1.With regard to supplemental type-certificates issued by a Member State [F17or the United Kingdom] under JAA procedures or applicable national procedures and with regard to changes to products proposed by persons other than the type-certificate holder of the product, which were approved by a Member State [F17or the United Kingdom] under applicable national procedures, if the supplemental type-certificate, or change, was valid on 28 September 2003, the supplemental type-certificate, or change shall be deemed to have been issued under this Regulation.
2.With regard to supplemental type-certificates for which a certification process was being carried out by a Member State on 28 September 2003 under applicable JAA supplemental type-certificate procedures and with regard to major changes to products, proposed by persons other than the type-certificate holder of the product, for which a certification process was being carried out by a Member State on 28 September 2003 under applicable national procedures, the following shall apply:
(a)if a certification process was being carried out by several Member States, the most advanced project shall be used as the reference;
(b)point 21.A.113 (a) and (b) of Annex I (Part 21) shall not apply;
(c)the applicable certification basis shall be that established by the JAA or, where applicable, the Member State at the date of application for the supplemental type-certificate or the major change approval;
(d)the compliance findings made under JAA or Member State procedures shall be deemed to have been made by the Agency for the purpose of complying with point 21.A.115(a) of Annex I (Part 21).
Textual Amendments
F17Words in Art. 4(1) inserted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 185 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F18Deleted 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).
1.Approvals of parts and appliances issued by a Member State [F19or the United Kingdom] and valid on 28 September 2003 shall be deemed to have been issued in accordance with this Regulation.
2.With regard to parts and appliances for which an approval or authorisation process was being carried out by a Member State on 28 September 2003, the following shall apply:
(a)if an authorisation process was being carried out by several Member States, the most advanced project shall be used as the reference;
(b)point 21.A.603 of Annex I (Part 21) shall not apply;
(c)the applicable data requirements laid down in point 21.A.605 of Annex I (Part 21) shall be those established by the relevant Member State, at the date of application for the approval or authorisation;
(d)compliance findings made by the relevant Member State shall be deemed to have been made by the Agency for the purpose of complying with point 21.A.606(b) of Annex I (Part 21).
Textual Amendments
F19Words in Art. 6(1) inserted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 186 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The conditions determined before 28 March 2007 by the Member States [F20or the United Kingdom] for permits to fly or other airworthiness certificate issued for aircraft which did not hold a certificate of airworthiness or restricted certificate of airworthiness issued under this Regulation, are deemed to have been determined in accordance with this Regulation, unless the Agency has determined before 28 March 2008 that such conditions do not provide for a level of safety equivalent to that required by Regulation (EC) No 216/2008 or this Regulation.
Textual Amendments
F20Words in Art. 7 inserted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 187 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
1 . The holder of an aircraft type-certificate issued before 17 February 2014 intending to deliver a new aircraft to an EU operator [F22or a UK operator] on or after 17 February 2014 shall obtain approval in accordance with point 21.A.21(e) of Annex I (Part 21) except for the minimum syllabus of maintenance certifying staff type rating training and except for aircraft validation source data to support the objective qualification of simulator(s). The approval shall be obtained not later than 18 December 2015 or before the aircraft is operated by an EU operator [F22or a UK operator], whichever is the latest. The operational suitability data may be limited to the model which is delivered.
2 . The applicant for an aircraft type-certificate for which the application was filed before 17 February 2014 and for which a type-certificate is not issued before 17 February 2014 shall obtain approval in accordance with point 21.A.21(e) of Annex I (Part 21) except for the minimum syllabus of maintenance certifying staff type rating training and for aircraft validation source data to support the objective qualification of simulator(s). The approval shall be obtained not later than 18 December 2015 or before the aircraft is operated by an EU operator [F23or a UK operator], whichever is the latest. Compliance findings made by the authorities in Operational Evaluation Board processes conducted under the responsibility of the JAA or the Agency before the entry into force of this Regulation shall be accepted by the [F24CAA] without further verification.
3 . Operational Evaluation Board reports and master minimum equipment lists issued in accordance with JAA procedures or by the Agency before the entry into force of this Regulation shall be deemed to constitute the operational suitability data approved in accordance with point 21.A.21(e) of Annex I (Part 21) and shall be included in the relevant type-certificate. Before 18 June 2014 the relevant type-certificate holders shall propose the Agency a division of the operational suitability data in mandatory data and non-mandatory data.
4 . Holders of a type-certificate including operational suitability data shall be required to obtain approval of an extension of the scope of their design organisation approval or procedures alternative to design organisation approval, as applicable, to include operational suitability aspects before 18 December 2015.]
Textual Amendments
F21Inserted 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).
F22Words in Art. 7a(1) inserted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 188(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F23Words in Art. 7a(2) inserted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 188(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F24Word in Art. 7a(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 188(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
1.An organisation responsible for the design of products, parts and appliances or for changes or repairs thereto shall demonstrate its capability in accordance with Annex I (Part 21).
2.By way of derogation from point 1, an organisation whose principal place of business is in a [F25foreign state] may demonstrate its capability by holding a certificate issued by that State for the product, part and appliance for which it applies, provided:
(a)that State is the State of design; and
(b)the [F26CAA] has determined that the system of that State includes the same independent level of checking of compliance as provided by this Regulation, either through an equivalent system of approvals of organisations or through direct involvement of the competent authority of that State.
3.Design organisation approvals issued or recognised by a Member State [F27or the United Kingdom] in accordance with the JAA requirements and procedures and valid before 28 September 2003 shall be deemed to comply with this Regulation.
Textual Amendments
F25Words in Art. 8(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 189(2)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F26Word in Art. 8(2)(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 189(2)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F27Words in Art. 8(3) inserted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 189(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
1.An organisation responsible for the manufacture of products, parts and appliances shall demonstrate its capability in accordance with the provisions of Annex I (Part 21).
[F282.By way of derogation from paragraph 1, a manufacturer may demonstrate its capability as follows:
(a)where a manufacturer’s principal place of business is in a State other than the United Kingdom, by holding a certificate issued by that State for the product, part and appliance for which it applies, provided:
(i)that State is the State of manufacture, and
(ii)the CAA has determined that the system of that State includes the same independent level of checking compliance as provided by this Regulation, either through an equivalent system of approvals of organisations or through direct involvement of the competent authority of that State; or
(b)where a manufacturer’s principal place of business is in a State other than the United Kingdom or a Member State, by holding a production organisation approval for either or both part and appliance issued by the Agency, provided:
(i)either or both the part and appliance is of a type which is incorporated into a product produced by a manufacturer in the European Union which holds a certificate issued by the Agency, or a Member State, for that product, and
(ii)the production certificate for the product is recognised under Article 21 of Annex 30 to the Trade and Cooperation Agreement of 30th December 2020 between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Community, of the other part.]
3.Production organisation approvals issued or recognised by a Member State [F29or the United Kingdom] in accordance with the JAA requirements and procedures and valid before 28 September 2003 shall be deemed to comply with this Regulation.
[F104 . By way of derogation from paragraph 1, the production organisation may apply to the [F30CAA] for exemptions from the environmental requirements referred to in the first subparagraph of Article 9(2) of Regulation (EU) 2018/1139 (4).]
Textual Amendments
F10Inserted 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).
F28Art. 9(2) substituted (23.12.2022) by The Aviation Safety and Air Traffic Management (Amendment) Regulations 2022 (S.I. 2022/1235), regs. 1(2), 2(2)
F29Words in Art. 9(3) inserted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 190(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F30Word in Art. 9(4) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 60
1.The [F32CAA] shall develop acceptable means of compliance (hereinafter called ‘AMC’) that F33... organisations and personnel may use to demonstrate compliance with the provisions of the Annex I (Part 21) to this Regulation.
2.The AMC issued by the [F34CAA] shall neither introduce new requirements nor alleviate the requirements of the Annex I (Part 21) to this Regulation.
3.Without prejudice to Articles 54 and 55 of Regulation (EC) No 216/2008, when the acceptable means of compliance issued by the [F35CAA] are used, the related requirements of the Annex I (Part 21) to this Regulation shall be considered as met without further demonstration.
Textual Amendments
F31Word in Art. 10 heading substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 191(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F32Word in Art. 10(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 191(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F33Words in Art. 10(1) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 191(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F34Word in Art. 10(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 191(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F35Word in Art. 10(3) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 191(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Regulation (EC) No 1702/2003 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
F36...
Textual Amendments
F36Words in Signature omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 192 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
For the purpose of this Annex I (Part 21), ‘competent authority’ shall be:
for organisations having their principal place of business in a Member State, the authority designated by that Member State; or the Agency if so requested by that Member State; or
for organisations having their principal place of business in a non-member State, the Agency.
This Section establishes general provisions governing the rights and obligations of the applicant for, and holder of, any certificate issued or to be issued in accordance with this Section.
The actions and obligations required to be undertaken by the holder of, or applicant for, a certificate for a product, part or appliance under this Section may be undertaken on its behalf by any other natural or legal person, provided the holder of, or applicant for, that certificate can show that it has made an agreement with the other person such as to ensure that the holder’s obligations are and will be properly discharged.
The holder of a type-certificate, restricted type-certificate, supplemental type-certificate, [F37United Kingdom] Technical Standard Order ([F38UKTSO]) authorisation, major repair design approval or any other relevant approval deemed to have been issued under this Regulation shall have a system for collecting, investigating and analysing reports of and information related to failures, malfunctions, defects or other occurrences which cause or might cause adverse effects on the continuing airworthiness of the product, part or appliance covered by the type-certificate, restricted type-certificate, supplemental type-certificate, [F38UKTSO] authorisation, major repair design approval or any other relevant approval deemed to have been issued under this Regulation. Information about this system shall be made available to all known operators of the product, part or appliance and, on request, to any person authorised under other associated implementing Regulations.
Textual Amendments
F37Words in Annex 1 point 21.A.3A(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 195(2)(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F38Word in Annex 1 point 21.A.3A(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 195(2)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The holder of a type-certificate, restricted type-certificate, supplemental type-certificate, [F40UKTSO] authorisation, major repair design approval or any other relevant approval deemed to have been issued under this Regulation shall report to the [F41CAA] any failure, malfunction, defect or other occurrence of which it is aware related to a product, part, or appliance covered by the type-certificate, restricted type-certificate, supplemental type-certificate, [F42UKTSO] authorisation, major repair design approval or any other relevant approval deemed to have been issued under this Regulation, and which has resulted in or may result in an unsafe condition.
These reports shall be made in a form and manner established by the [F43CAA], as soon as practicable and in any case dispatched not later than 72 hours after the identification of the possible unsafe condition, unless exceptional circumstances prevent this.
Textual Amendments
F40Word in Annex 1 point 21.A.3A(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 195(2)(b)(ii)(aa) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F41Word in Annex 1 point 21.A.3A(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 195(2)(b)(ii)(bb) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F42Word in Annex 1 point 21.A.3A(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 195(2)(b)(ii)(cc) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F43Word in Annex 1 point 21.A.3A(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 195(2)(b)(iii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F39Word in Annex 1 point 21.A.3A(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 195(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)
When an occurrence reported under point (b), or under points 21.A.129(f)(2) or 21.A.165(f)(2) results from a deficiency in the design, or a manufacturing deficiency, the holder of the type-certificate, restricted type-certificate, supplemental type-certificate, major repair design approval, [F44UKTSO] authorisation, or any other relevant approval deemed to have been issued under this Regulation, or the manufacturer as appropriate, shall investigate the reason for the deficiency and report to the [F45CAA] the results of its investigation and any action it is taking or proposes to take to correct that deficiency.
If the [F46CAA] finds that an action is required to correct the deficiency, the holder of the type-certificate, restricted type-certificate, supplemental type-certificate, major repair design approval, [F47UKTSO] authorisation, or any other relevant approval deemed to have been issued under this Regulation, or the manufacturer as appropriate, shall submit the relevant data to the [F48CAA].
Textual Amendments
F44Word in Annex 1 point 21.A.3A(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 195(2)(c)(i)(aa) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F45Word in Annex 1 point 21.A.3A(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 195(2)(c)(i)(bb) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F46Word in Annex 1 point 21.A.3A(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 195(2)(c)(ii)(aa) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F47Word in Annex 1 point 21.A.3A(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 195(2)(c)(ii)(bb) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F48Word in Annex 1 point 21.A.3A(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 195(2)(c)(ii)(cc) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F49Word in Annex 1 point 21.A.3B(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 195(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
an unsafe condition has been determined by the [F50CAA] to exist in an aircraft, as a result of a deficiency in the aircraft, or an engine, propeller, part or appliance installed on this aircraft; and
that condition is likely to exist or develop in other aircraft.
Textual Amendments
F50Word in Annex 1 point 21.A.3B(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 195(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
propose the appropriate corrective action or required inspections, or both, and submit details of these proposals to the [F53CAA] for approval;
following the approval by the [F53CAA] of the proposals referred to under point (1), make available to all known operators or owners of the product, part or appliance and, on request, to any person required to comply with the airworthiness directive, appropriate descriptive data and accomplishment instructions.
Textual Amendments
F53Word in Annex 1 point 21.A.3B(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 195(3)(c)(iii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F51Word in Annex 1 point 21.A.3B(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 195(3)(c)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F52Word in Annex 1 point 21.A.3B(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 195(3)(c)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
an identification of the unsafe condition;
an identification of the affected aircraft;
the action(s) required;
the compliance time for the required action(s);
the date of entry into force.
Each holder of a type-certificate, restricted type-certificate, supplemental type- certificate, [F54UKTSO] authorisation, approval of a change to type-certificate or approval of a repair design, shall collaborate with the production organisation as necessary to ensure:
Textual Amendments
F54Word in Annex 1 point 21.A.4 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 195(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
the satisfactory coordination of design and production required by 21A.122, 21A.130(b)(3) and (4), 21A.133 and 21A.165(c)(2) and (3) as appropriate, and
the proper support of the continued airworthiness of the product, part or appliance.]
This Subpart establishes the procedure for issuing type-certificates for products and restricted type-certificates for aircraft, and establishes the rights and obligations of the applicants for, and holders of, those certificates.
Any natural or legal person that has demonstrated, or is in the process of demonstrating, its capability in accordance with point 21.A.14 shall be eligible as an applicant for a type-certificate or a restricted type-certificate under the conditions laid down in this Subpart.
Textual Amendments
F55Word in Annex 1 point 21.A.14 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
an ELA2 aircraft;
an engine or propeller installed in ELA2 aircraft;
a piston engine;
a fixed or adjustable pitch propeller.
an ELA1 aircraft; or
an engine or propeller installed in ELA1 aircraft.]
Textual Amendments
F56Word in Annex 1 point 21.A.15 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
a detailed description of the type design, including all the configurations to be certified;
the proposed operating characteristics and limitations;
the intended use of the product and the kind of operations for which certification is requested;
a proposal for the initial type-certification basis, operational suitability data certification basis and environmental protection requirements, prepared in accordance with the requirements and options specified in points 21.B.80, 21.B.82 and 21.B.85;
a proposal for a breakdown of the certification programme into meaningful groups of compliance demonstration activities and data, including a proposal for the means of compliance and related compliance documents;
a proposal for the assessment of the meaningful groups of compliance demonstration activities and data, addressing 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. The proposed assessment shall take into account at least the elements set out in subpoints (1) to (4) of point 21.B.100(a). Based on this assessment, the application shall include a proposal for the [F58CAA’s] involvement in the verification of the compliance demonstration activities and data; and
a project schedule including major milestones.
Textual Amendments
F58Word in Annex 1 point 21.A.15(b)(6) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(3)
Textual Amendments
F57Word in Annex 1 point 21.A.15(b) inserted (21.6.2023) by virtue of The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(3)(a)(i)
Textual Amendments
F59Word in Annex 1 point 21.A.15(d) inserted (21.6.2023) by virtue of The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(3)(a)(ii)
submit a new application and comply with the type-certification basis, operational suitability data certification basis and environmental protection requirements, as established and notified by the [F56CAA] in accordance with points 21.B.80, 21.B.82 and 21.B.85 for the date of the new application; or
apply for an extension of the time period provided for in point (e) and propose a new date for the issuance of the type-certificate or restricted type-certificate. In that case, the applicant shall comply with the type-certification basis, operational suitability data certification basis and environmental protection requirements, as established and notified by the [F56CAA] in accordance with points 21.B.80, 21.B.82 and 21.B.85 for a date to be selected by the applicant. However, that date shall not precede the new date proposed by the applicant for the issuance of the type-certificate or restricted type-certificate by more than five years for an application for a type-certificate or restricted type-certificate for a large aeroplane or a large rotorcraft, and by more than three years for an application for any other type-certificate or restricted type certificate.]
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Textual Amendments
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Any natural or legal person proposing to change a product shall apply for a new type-certificate if the [F61CAA] finds that the change in design, power, thrust, or mass is so extensive that a substantially complete investigation of compliance with the applicable type-certification basis is required.
Textual Amendments
F61Word in Annex 1 point 21.A.19 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Following the acceptance of the certification programme by the [F62CAA], the applicant shall demonstrate compliance with the type certification basis, operational suitability data certification basis and environmental protection requirements, as established and notified to the applicant by the [F62CAA] in accordance with points 21.B.80, 21.B.82, 21.B.85, and shall provide the [F62CAA] with the means by which such compliance has been demonstrated.
The applicant shall report to the [F62CAA] any difficulty or event encountered during the process of demonstration of compliance that may have an appreciable effect on the risk assessment under point 21.A.15(b)(6) or on the certification programme, or may otherwise necessitate a change to the level of involvement of the [F62CAA] previously notified to the applicant in accordance with point 21.B.100(c).
The applicant shall record justifications of compliance within the compliance documents as referred to in the certification programme.
After completion of all demonstrations of compliance in accordance with the certification programme, including any inspections and tests in accordance with point 21.A.33, and after all flight tests in accordance with point 21.A.35, the applicant shall declare that:
it has demonstrated compliance with the type-certification basis, operational suitability data certification basis and environmental protection requirements, as established and notified by the [F62CAA], following the certification programme as accepted by the [F62CAA]; and
no feature or characteristic has been identified that may make the product unsafe for the uses for which certification is requested.
Textual Amendments
F62Word in Annex 1 point 21.A.20 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
In order to be issued a product type certificate or, when the aircraft does not meet the essential requirements of Annex II to Regulation (EU) 2018/1139 an aircraft restricted type certificate, the applicant shall:
demonstrate its capability in accordance with point 21.A.14;
comply with point 21.A.20;
demonstrate that the engine and propeller, if installed in the aircraft:
have a type-certificate issued or determined in accordance with this Regulation; or
have been demonstrated to be in compliance with the aircraft type-certification basis established and the environmental protection requirements designated and notified by the [F63CAA] as necessary to ensure the safe flight of the aircraft.
By derogation from point (a)(2), at the applicant's request included in the declaration referred to in point 21.A.20(d), the applicant is entitled to have the aircraft type-certificate or restricted type-certificate issued before the applicant has demonstrated compliance with the operational suitability data certification basis, provided that the applicant demonstrates such compliance before the date at which those data are to be actually used.]
Textual Amendments
F63Word in Annex 1 point 21.A.21 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (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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the drawings and specifications, and a listing of those drawings and specifications, necessary to define the configuration and the design features of the product shown to comply with the applicable type-certification basis and environmental protection requirements;
information on materials and processes and on methods of manufacture and assembly of the product necessary to ensure the conformity of the product;
[F14an approved airworthiness limitations section of the instructions for continued airworthiness as defined by the applicable certification specifications; and]
[F9any other data allowing by comparison the determination of the airworthiness and, if relevant, the environmental characteristics of later products of the same type.]
(Reserved)
Before each test is undertaken during the demonstration of compliance required by point 21.A.20, the applicant shall have verified:
for the test specimen, that:
the materials and processes adequately conform to the specifications for the proposed type design;
the parts of the products adequately conform to the drawings in the proposed type design; and
the manufacturing processes, construction and assembly adequately conform to those specified in the proposed type design; and
for the test and measuring equipment to be used for the test, that those are adequate for the test and appropriately calibrated.
On the basis of the verifications carried out in accordance with point (b), the applicant shall issue a statement of conformity listing any potential non-conformity, together with a justification that this will not affect the test results, and shall allow the [F64CAA] to make an inspection it considers necessary to check the validity of that statement.
The applicant shall allow the [F64CAA] to:
review any data and information related to the demonstration of compliance; and
witness or carry out any test or inspection conducted for the purpose of the demonstration of compliance.
For all the tests and inspections witnessed or carried out by the [F64CAA] in accordance with point (d)(2):
the applicant shall submit to the [F64CAA] a statement of conformity provided for in point (c); and
no change that affects the validity of the statement of conformity shall be made to the test specimen, or the test and measuring equipment, between the time the statement of conformity provided for in point (c) was issued and the time the test specimen is presented to the [F64CAA] for test.]
Textual Amendments
F64Word in Annex 1 point 21.A.33 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F65Word in Annex 1 point 21.A.35 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
to determine compliance with the applicable type-certification basis and environmental protection requirements; and
to determine whether there is reasonable assurance that the aircraft, its parts and appliances are reliable and function properly for aircraft to be certificated under this Annex I (Part 21), except for,
sailplanes and powered sailplanes;
balloons and airships defined in ELA1 or ELA2;
aeroplanes of 2 722 kg or less maximum take-off mass (MTOM).
for aircraft incorporating turbine engines of a type not previously used in a type-certificated aircraft, at least 300 hours of operation with a full complement of engines that conform to a type-certificate; and
for all other aircraft, at least 150 hours of operation.
The type-certificate and restricted type-certificate shall include the type design, the operating limitations, the type-certificate data sheet for airworthiness and emissions, the applicable type-certification basis and environmental protection requirements with which the [F66CAA] records compliance, and any other conditions or limitations prescribed for the product in the applicable certification specifications and environmental protection requirements. The aircraft type-certificate and restricted type-certificate shall include in addition the applicable operational suitability data certification basis, the operational suitability data and the type-certificate data sheet for noise. The aircraft type-certificate and restricted type-certificate data sheet shall include the record of CO 2 emissions compliance and the engine type-certificate data sheet shall include the record of exhaust emissions compliance.]
Textual Amendments
F66Word in Annex 1 point 21.A.41 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Each holder of a type-certificate or restricted type-certificate shall:
[F67undertake the obligations laid down in points 21.A.3A to 21.A.8, 21.A.62 and 21.A.65 and, for this purpose, must continue to meet the qualification requirements for eligibility under point 21.A.13;]
specify the marking in accordance with Subpart Q.
Textual Amendments
F67Annex 1 point 21.A.44(a) substituted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(3)(c)
Transfer of a type-certificate or restricted type-certificate may only be made to a natural or legal person that is able to undertake the obligations under point 21.A.44, and, for this purpose, has demonstrated its ability to qualify under the criteria of point 21.A.14.
the holder remaining in compliance with this Annex 1 (Part 21); and
the certificate not being surrendered or revoked under the applicable administrative procedures established by the [F68CAA].
Textual Amendments
F68Word in Annex 1 point 21.A.51 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
All relevant design information, drawings and test reports, including inspection records for the product tested, shall be held by the type-certificate or restricted type-certificate holder at the disposal of the [F69CAA] and shall be retained in order to provide the information necessary to ensure the continued airworthiness, continued validity of the operational suitability data and compliance with applicable environmental protection requirements of the product.]
Textual Amendments
F69Word in Annex 1 point 21.A.55 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The holder of a type-certificate or restricted type-certificate shall produce, maintain and update master copies of all manuals required by the applicable type-certification basis, the applicable operational suitability data certification basis and environmental protection requirements for the product, and provide copies, on request, to the [F70CAA].]
Textual Amendments
F70Word in Annex 1 point 21.A.57 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F71Word in Annex 1 point 21.A.61 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The holder of the type-certificate or restricted type-certificate shall make available:
at least one set of complete operational suitability data prepared in accordance with the applicable operational suitability certification basis, to all known [F72United Kingdom operators] of the aircraft, before the operational suitability data must be used by a training organisation or [F73a United Kingdom operator]; and
any change to the operational suitability data to all known [F74United Kingdom operators] of the aircraft; and
on request, the relevant data referred to in points (a) and (b) above, to:
[F75the CAA; and]
any person required to comply with one or more elements of this set of operational suitability data.]
Textual Amendments
F72Words in Annex 1 point 21.A.62(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(3)(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F73Words in Annex 1 point 21.A.62(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(3)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F74Words in Annex 1 point 21.A.62(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F75Annex 1 point 21.A.62(c)(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(3)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The holder of a type-certificate or restricted type-certificate for a large aeroplane must ensure that the continuing structural integrity programme remains valid throughout the operational life of the aeroplane, taking into account service experiences and current operations.]
Textual Amendments
F76Annex 1 point 21.A.65 inserted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(3)(f)
This Subpart establishes the procedure for the approval of changes to type-certificates, and establishes the rights and obligations of the applicants for, and holders of, those approvals. This Subpart also defines standard changes that are not subject to an approval process under this Subpart. In this Subpart, references to type-certificates include type-certificate and restricted type-certificate.]
in relation to:
aeroplanes of 5 700 kg Maximum Take-Off Mass (MTOM) or less;
rotorcraft of 3 175 kg MTOM or less;
sailplanes, powered sailplanes, balloons and airships, as defined in ELA1 or ELA2,
that follow design data included in certification specifications issued by the [F77CAA], containing acceptable methods, techniques and practices for carrying out and identifying standard changes, including the associated instructions for [F78continued] airworthiness; and
that are not in conflict with TC holders data.]
Textual Amendments
F77Word in Annex 1 point 21.A.90B substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 197(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F78Word in Annex 1 point 21.A.90B(a) substituted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(4)(a)
Changes to a type-certificate are classified as minor and major. A ‘ minor change ’ has no appreciable effect on the mass, balance, structural strength, reliability, operational characteristics, operational suitability data, or other characteristics affecting the airworthiness of the product or its environmental characteristics. Without prejudice to point 21.A.19, all other changes are ‘ major changes ’ under this Subpart. Major and minor changes shall be approved in accordance with points 21.A.95 or 21.A.97, as appropriate, and shall be adequately identified.]
Only the type-certificate holder may apply for approval of a major change to a type-certificate under this Subpart; all other applicants for a major change to a type-certificate shall apply under Subpart E.
Any natural or legal person may apply for approval of a minor change to a type-certificate under this Subpart.]
An application for approval of a change to a type-certificate shall be made in a form and manner established by the [F79CAA].
An application shall include, or be supplemented after the initial application, [F80by] a certification programme for the demonstration of compliance in accordance with point 21.A.20, consisting of:
a description of the change identifying:
the configuration(s) of the product in the type certificate upon which the change is to be made;
all areas of the product in the type-certificate, including the approved manuals, that are changed or affected by the change; and
when the change affects the operational suitability data, any necessary changes to the operational suitability data;
an identification of any reinvestigations necessary to demonstrate compliance of the change and areas affected by the change with the type-certification basis, operational suitability data certification basis and environmental protection requirements; and
for a major change to a type-certificate:
a proposal for the initial type-certification basis, operational suitability data certification basis and environmental protection requirements, prepared in accordance with the requirements and options specified in point 21.A.101;
a proposal for a breakdown of the certification programme into meaningful groups of compliance demonstration activities and data, including a proposal for the means of compliance and related compliance documents;
a proposal for the assessment of the meaningful groups of compliance demonstration activities and data, addressing 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. The proposed assessment shall take into account at least the elements set out in subpoints (1)–(4) of point 21.B.100(a). Based on this assessment, the application shall include a proposal for the [F79CAA]'s involvement in the verification of the compliance demonstration activities and data; and
a project schedule including major milestones.
An application for a change to a type-certificate of a large aeroplane or a large rotorcraft shall be valid for five years and an application for a change to any other type-certificate shall be valid for three years. In the case where the change has not been approved, or it is evident that it will not be approved, within the time limit provided for in this point, the applicant may:
submit a new application for a change to the type-certificate and comply with the type-certification basis, operational suitability data certification basis and environmental protection requirements, as established by the [F79CAA] in accordance with point 21.A.101 and notified in accordance with point 21.B.105 for the date of the new application; or
[F81apply for an extension of the time period provided for in the first sentence of point (c) for the original application and propose a new date for the issuance of the approval. In that case, the applicant shall comply with the type-certification basis, operational suitability data certification basis and environmental protection requirements, as established by the [F79CAA] in accordance with point 21.A.101 and notified in accordance with point 21.B.105, for a date to be selected by the applicant. However, that date shall not precede the new date proposed by the applicant for the issuance of the approval by more than five years for an application for a change to type-certificate or restricted type-certificate for a large aeroplane or a large rotorcraft, and by more than three years for an application for [F82a change to any other] to type-certificate or restricted type certificate.]]
Textual Amendments
F79Word in Annex 1 point 21.A.93 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 197(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F80Word in Annex 1 point 21.A.93(b) inserted (21.6.2023) by virtue of The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(4)(c)(i)
F81Substituted by Commission Delegated Regulation (EU) 2020/570 of 28 January 2020 amending and correcting Regulation (EU) No 748/2012 as regards the alignment of rules for continuing airworthiness of aircraft and aeronautical products, parts and appliances with Regulation (EU) No 1321/2014 (Text with EEA relevance).
F82Words in Annex 1 point 21.A.93(c) substituted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(4)(c)(ii)
Minor changes to a type-certificate shall be classified and approved by:
the [F83CAA]; or
an approved design organisation within the scope of its privileges provided for in points (1) and (2) of point 21.A.263(c), as recorded in the terms of approval.
A minor change to a type-certificate shall only be approved:
when it has been demonstrated that the change and areas affected by the change comply with the type-certification basis and the environmental protection requirements incorporated by reference in the type-certificate;
in the case of a change affecting the operational suitability data, when it has been demonstrated that the necessary changes to the operational suitability data comply with the operational suitability data certification basis incorporated by reference in the type-certificate;
when compliance with the type-certification basis that applies in accordance with point (1) has been declared and the justifications of compliance have been recorded in the compliance documents; and
when no feature or characteristic has been identified that may make the product unsafe for the uses for which certification is requested.
By derogation from point (1) in point (b), certification specifications which became applicable after those incorporated by reference in the type-certificate can be used for approval of a minor change, provided they do not affect the demonstration of compliance.
By derogation from point (a), at the applicant's request included in the declaration referred to in point 21.A.20(d), a minor change to an aircraft type-certificate may be approved 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 actually used.
The applicant shall submit to the [F83CAA] the substantiation data for the change and a statement that compliance has been demonstrated in accordance with point (b).
An approval of a minor change to a type-certificate shall be limited to the specific configuration(s) in the type-certificate to which the change relates.
Textual Amendments
F83Word in Annex 1 point 21.A.95 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 197(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Major changes to a type-certificate shall be classified and approved by:
the [F84CAA]; or
an approved design organisation within the scope of its privileges provided for in points (1) and (8) of point 21.A.263(c), as recorded in the terms of approval.
A major change to a type-certificate shall only be approved:
when it has been demonstrated that the change and areas affected by the change comply with the type-certification basis and environmental protection requirements, as established by the [F84CAA] in accordance with point 21.A.101;
in the case of a change affecting the operational suitability data, when it has been demonstrated that the necessary changes to the operational suitability data meet the operational suitability data certification basis, as established by the [F84CAA] in accordance with point 21.A.101; and
when compliance with points (1) and (2) has been demonstrated in accordance with point 21.A.20, as applicable to the change.
By derogation from points (2) and (3) of point (b), at the applicant's request included in the declaration referred to in point 21.A.20(d), a major change to an aircraft type-certificate may be approved 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 actually used.
An approval of a major change to a type-certificate shall be limited to the specific configuration(s) in the type-certificate to which the change relates.
Textual Amendments
F84Word in Annex 1 point 21.A.97 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 197(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
A major change to a type-certificate and areas affected by the change shall comply with either the certification specifications applicable to the changed product on the date of the application for the change or certification specifications which became applicable after that date in accordance with point (f) below. The validity of the application shall be determined in accordance with point 21.A.93(c). In addition, the changed product shall comply with the environmental protection requirements designated by the [F85CAA] in accordance with point 21.B.85.
By derogation from point (a), an earlier amendment to a certification specification referred to in point (a) and to any other certification specification which is directly related may be used in any of the following situations, unless the earlier amendment became applicable before the date at which the corresponding certification specifications incorporated by reference in the type-certificate became applicable:
a change that the [F85CAA] finds not to be significant. In determining whether a specific change is significant, the [F85CAA] shall consider the change in the context of all previous relevant design changes and all related revisions to the applicable certification specifications incorporated by reference in the type-certificate for the product. Changes meeting one of the following criteria shall automatically be considered significant:
the general configuration or the principles of construction are not retained;
the assumptions used for certification of the product to be changed do not remain valid;
each area, system, part or appliance that the [F85CAA] finds not affected by the change;
each area, system, part or appliance that is affected by the change for which the [F85CAA] finds that compliance with the certification specifications referred to in point (a) does not contribute materially to the level of safety of the changed product or is impractical.
[F86The derogation in point (b) does not apply to large aeroplanes subject to point 26.300 of Annex I to Commission Regulation (EU) 2015/640(1). For those large aeroplanes, the applicant must comply with certification specifications that provide at least an equivalent level of safety to points 26.300 and 26.330 of Annex I to Regulation (EU) 2015/640, except for applicants for supplemental type-certificates who are not required to take into account point 26.303.]
By derogation from point (a), in the case of a change to an aircraft other than a rotorcraft of 2 722 kg (6 000 lb) or less maximum weight, or to a non-turbine rotorcraft of 1 361 kg (3 000 lb) or less maximum weight, the change and areas affected by the change shall comply with the type-certification basis incorporated by reference in the type-certificate. However, if the [F85CAA] finds that the change is significant in an area, the [F85CAA] may require that the change and areas affected by the change comply with an amendment to a certification specification of the type-certification basis incorporated by reference in the type-certificate and with any other certification specification which is directly related, unless the [F85CAA] also finds that compliance with that amendment does not contribute materially to the level of safety of the changed product or is impractical.
If the [F85CAA] finds that the certification specifications applicable on the date of the application for the change do not provide adequate standards with respect to the proposed change, the change and areas affected by the change shall also comply with any special conditions, and amendments to those special conditions, prescribed by the [F85CAA] in accordance with point 21.B.75, to provide a level of safety equivalent to that established by the certification specifications applicable on the date of the application for the change.
By derogation from points (a), (b) and (c), the change and areas affected by the change may comply with an alternative to a certification specification designated by the [F85CAA] if proposed by the applicant, provided that the [F85CAA] finds that the alternative provides a level of safety which is:
in the case of a type-certificate:
equivalent to that of the certification specifications designated by the [F85CAA] under (a), (b) or (c) above; or
compliant with the essential requirements of Annex II to Regulation (EU) 2018/1139;
in the case of a restricted type-certificate, adequate with regard to the intended use.
If an applicant chooses to comply with a certification specification set out in an amendment that becomes applicable after submitting the application for a change to a type-certificate, the change and areas affected by the change shall also comply with any other certification specification which is directly related.
When the application for a change to a type-certificate for an aircraft includes, or is supplemented after the initial application to include, changes to the operational suitability data, the operational suitability data certification basis shall be established in accordance with points (a)-(f).]
Textual Amendments
F85Word in Annex 1 point 21.A.101 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 197(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F86Annex 1 point 21.A.101(ba) inserted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(4)(d)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For each change, all relevant design information, drawings and test reports, including inspection records for the changed product tested, shall be held by the applicant at the disposal of the [F87CAA] and shall be retained in order to provide the information necessary to ensure the continued airworthiness, continued validity of the operational suitability data and compliance with applicable environmental protection requirements of the changed product.]
Textual Amendments
F87Word in Annex 1 point 21.A.105 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 197(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
In the case of a change affecting the operational suitability data, the holder of the minor change approval shall make available:
at least one set of changes to the operational suitability data prepared in accordance with the applicable operational suitability certification basis, to all known [F88United Kingdom operators] of the changed aircraft, before the operational suitability data must be used by a training organisation or [F89a United Kingdom operator]; and
any further change to the affected operational suitability data, to all known [F90United Kingdom operators] of the changed aircraft; and
on request, the relevant parts of the changes in points (a) and (b) above, to:
[F91the CAA; and]
any person required to comply with one or more elements of this set of operational suitability data.]
Textual Amendments
F88Words in Annex 1 point 21.A.108(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 197(3)(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F89Words in Annex 1 point 21.A.108(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 197(3)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F90Words in Annex 1 point 21.A.108(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 197(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F91Annex 1 point 21.A.108(c)(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 197(3)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The holder of a minor change approval to a type-certificate shall:
undertake the obligations laid down in points 21.A.4, 21.A.105, 21.A.107 and 21.A.108; and
specify the marking, including [F93UKPA (United Kingdom Part Approval)] letters, in accordance with point 21.A.804(a).]
Textual Amendments
F93Words in Annex 1 point 21.A.109(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 197(4)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F92Word in Annex 1 point 21.A.109 heading substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 197(4)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
This Subpart establishes the procedure for the approval of major changes to the type-certificate under supplemental type-certificate procedures, and establishes the rights and obligations of the applicants for, and holders of, those certificates. In this Subpart, the references to type-certificates include type-certificates and restricted type-certificates.
Any natural or legal person that has demonstrated, or is in the process of demonstrating, its capability in accordance with point 21.A.112B may apply for a supplemental type-certificate in accordance with the conditions laid down in this Subpart.]
Textual Amendments
F94Word in Annex 1 point 21.A.112B substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F95Word in Annex 1 point 21.A.113 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
include in the application the information required by point 21.A.93(b);
specify whether the certification data has been or will be prepared completely by the applicant or on the basis of an arrangement with the owner of the type-certification data.]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplemental type certificates shall be issued by:
the [F96CAA]; or
an approved design organisation within the scope of its privileges provided for in points (1) and (9) of point 21.A.263(c), as recorded in the terms of approval.
A supplemental type-certificate shall only be issued when:
the applicant has demonstrated its capability in accordance with point 21.A.112B;
it has been demonstrated that the change to a type-certificate and areas affected by the change comply with the type-certification basis and the environmental protection requirements, as established by the [F96CAA] in accordance with point 21.A.101;
in the case of a supplemental type-certificate affecting the operational suitability data, it has been demonstrated that the necessary changes to the operational suitability data meet the operational suitability data certification basis, as established by the [F96CAA] in accordance with point 21.A.101;
compliance with points (2) and (3) has been demonstrated in accordance with point 21.A.20, as applicable to the change; and
in case the applicant has specified that it provided certification data on the basis of an arrangement with the owner of the type-certification data in accordance with point 21.A.113(b):
the type-certificate holder has indicated that it has no technical objection to the information submitted under point 21.A.93; and
the type-certificate holder has agreed to collaborate with the supplemental type-certificate holder to ensure discharge of all obligations for continued airworthiness of the changed product through compliance with points 21.A.44 and 21.A.118A.
By derogation from points (3) and (4) of point (b), at the applicant's request included in the declaration referred to in point 21.A.20(d), the applicant is entitled to have a supplemental type-certificate for an aircraft issued before the applicant has demonstrated compliance with the operational suitability data certification basis, provided that the applicant demonstrates such compliance before the date at which those data are to be actually used.
A supplemental type-certificate shall be limited to the specific configuration(s) in the type-certificate to which the related major change relates.]
Textual Amendments
F96Word in Annex 1 point 21.A.115 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
A supplemental type-certificate shall only be transferred to a natural or legal person that is able to undertake the obligations of point 21.A.118A and for this purpose has demonstrated its ability to qualify under the criteria of point 21.A.112B except for ELA1 aircraft for which the natural or legal person has sought the [F97CAA] agreement for the use of procedures setting out its activities to undertake these obligations.
Textual Amendments
F97Word in Annex 1 point 21.A.116 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Each holder of a supplemental type-certificate shall:
[F14undertake the obligations:
laid down in points 21.A.3A, 21.A.3B, 21.A.4, 21.A.105, 21.A.119, 21.A.120A and 21.A.120B;
implicit in the collaboration with the type-certificate holder under point 21.A.115(d)(2);
and for this purpose continue to meet the criteria of point 21.A.112B;]
specify the marking, including [F99UKPA] letters, in accordance with point 21.A.804(a).
Textual Amendments
F99Word in Annex 1 point 21.A.118A substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F98Word in Annex 1 point 21.A.118A heading substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
the holder remaining in compliance with this Annex I (Part 21); and
the certificate not being surrendered or revoked under the applicable administrative procedures established by the [F100CAA].
Textual Amendments
F100Word in Annex 1 point 21.A.118B substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The holder of a supplemental type-certificate shall produce, maintain, and update master copies of variations in the manuals required by the applicable type-certification basis, the applicable operational suitability data certification basis and environmental protection requirements for the product, necessary to cover the changes introduced under the supplemental type-certificate, and furnish copies of those manuals to the [F101CAA] on request.]
Textual Amendments
F101Word in Annex 1 point 21.A.119 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F102Word in Annex 1 point 21.A.120A substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
In the case of a change affecting the operational suitability data, the holder of the supplemental type-certificate shall make available:
at least one set of changes to the operational suitability data prepared in accordance with the applicable operational suitability certification basis, to all known [F103United Kingdom operators] of the changed aircraft, before the operational suitability data must be used by a training organisation or [F104a United Kingdom operator]; and
any further change to the affected operational suitability data, to all known [F105United Kingdom operators] of the changed aircraft; and
on request, the relevant parts of the changes in points (a) and (b) above, to:
[F106the CAA; and]
any person required to comply with one or more elements of this set of operational suitability data.]
Textual Amendments
F103Words in Annex 1 point 21.A.120B(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(5)(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F104Words in Annex 1 point 21.A.120B(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(5)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F105Words in Annex 1 point 21.A.120B(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(5)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F106 Annex 1 point 21.A.120B(c)(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(5)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Any natural or legal person may apply to show conformity of individual products, parts or appliances under this Subpart, if:
it holds or has applied for an approval covering the design of that product, part or appliance; or
it has ensured satisfactory coordination between production and design, through an appropriate arrangement with the applicant for, or holder of, an approval of such a design.
Textual Amendments
F107Word in Annex 1 point 21.A.124 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 199(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
evidence which demonstrates, where applicable, that:
the issuance of a production organisation approval under Subpart G would be inappropriate; or
the certification or approval of a product, part or appliance under this Subpart is needed pending the issuance of a production organisation approval under Subpart G;
an outline of the information required in point 21.A.125A(b).
The applicant shall be entitled to have a letter of agreement issued by the [F108CAA] agreeing to the showing of conformity of individual products, parts and appliances under this Subpart, after:
Textual Amendments
F108Word in Annex 1 point 21.A.125A substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 199(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
having established a production inspection system that ensures that each product, part or appliance conforms to the applicable design data and is in condition for safe operation;
having provided a manual that contains:
a description of the production inspection system required under point (a);
a description of the means for making the determination of the production inspection system;
a description of the tests required in points 21.A.127 and 21.A.128, and the names of persons authorised for the purpose of point 21.A.130(a);
demonstrating that it is able to provide assistance in accordance with points 21.A.3A and 21.A.129(d).
a level one finding is any non-compliance with this Annex I (Part 21) which could lead to uncontrolled non-compliances with applicable design data and which could affect the safety of the aircraft;
a level two finding is any non-compliance with this Annex I (Part 21) which is not classified as level one.
in case of a level one finding, the holder of the letter of agreement shall demonstrate corrective action to the satisfaction of the [F109CAA] within a period of no more than 21 working days after written confirmation of the finding;
in case of level two findings, the corrective action period granted by the [F109CAA] shall be appropriate to the nature of the finding but in any case initially shall not be more than three months. In certain circumstances and subject to the nature of the finding, the [F109CAA] may extend the three months period subject to the provision of a satisfactory corrective action plan agreed by the [F109CAA];
a level three finding shall not require immediate action by the holder of the letter of agreement.
Textual Amendments
F109Word in Annex 1 point 21.A.125B substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 199(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
the holder of the letter of agreement fails to demonstrate compliance with the applicable requirements of this Subpart; or
there is evidence that the manufacturer cannot maintain satisfactory control of the manufacture of products, parts, or appliances under the agreement; or
the manufacturer no longer meets the requirements of point 21.A.122; or
the letter of agreement has been surrendered, revoked under point 21.B.145, or has expired.
Textual Amendments
F110Word in Annex 1 point 21.A.125C substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 199(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
incoming materials, and bought or subcontracted parts, used in the finished product are as specified in the applicable design data;
incoming materials, and bought or subcontracted parts, are properly identified;
processes, manufacturing techniques and methods of assembly affecting the quality and safety of the finished product are accomplished in accordance with specifications accepted by the [F111CAA];
design changes, including material substitutions, have been approved under Subpart D or E and controlled before being incorporated in the finished product.
Textual Amendments
F111Word in Annex 1 point 21.A.126 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 199(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
parts in process are inspected for conformity with the applicable design data at points in production where accurate determinations can be made;
materials subject to damage and deterioration are suitably stored and adequately protected;
current design drawings are readily available to manufacturing and inspection personnel, and used when necessary;
rejected materials and parts are segregated and identified in a manner that precludes installation in the finished product;
materials and parts that are withheld because of departures from design data or specifications, and that are to be considered for installation in the finished product, are subjected to an approved engineering and manufacturing review procedure. Those materials and parts determined by this procedure to be serviceable shall be properly identified and reinspected if rework or repair is necessary. Materials and parts rejected by this procedure shall be marked and disposed of to ensure that they are not incorporated in the final product;
records produced under the production inspection system are maintained, identified with the completed product or part where practicable, and retained by the manufacturer in order to provide the information necessary to ensure the continued airworthiness of the product.
a check on handling qualities;
a check on flight performance (using normal aircraft instrumentation);
a check on the proper functioning of all aircraft equipment and systems;
a determination that all instruments are properly marked, and that all placards and required flight manuals are installed after flight test;
a check of the operational characteristics of the aircraft on the ground;
a check on any other items peculiar to the aircraft being tested.
Each manufacturer of engines, or propellers manufactured under this Subpart shall subject each engine, or variable pitch propeller, to an acceptable functional test as specified in the type-certificate holder’s documentation, to determine if it operates properly throughout the range of operation for which it is type-certificated, as a means of establishing relevant aspects of compliance with point 21.A.125A(a).
Each manufacturer of a product, part or appliance being manufactured under this Subpart shall:
make each product, part or appliance available for inspection by the [F112CAA];
maintain at the place of manufacture the technical data and drawings necessary to determine whether the product conforms to the applicable design data;
maintain the production inspection system that ensures that each product conforms to the applicable design data and is in condition for safe operation;
provide assistance to the holder of the type-certificate, restricted type-certificate or design approval in dealing with any continuing airworthiness actions that are related to the products, parts or appliances that have been produced;
establish and maintain an internal occurrence reporting system in the interest of safety, to enable the collection and assessment of occurrence reports in order to identify adverse trends or to address deficiencies, and to extract reportable occurrences. This system shall include evaluation of relevant information relating to occurrences and the promulgation of related information;
report to the holder of the type-certificate, restricted type-certificate or design approval, all cases where products, parts or appliances have been released by the manufacturer and subsequently identified to have deviations from the applicable design data, and investigate with the holder of the type-certificate, restricted type-certificate or design approval to identify those deviations which could lead to an unsafe condition;
report to the [F113CAA] the deviations which could lead to an unsafe condition identified according to point (1). Such reports shall be made in a form and manner [F114established by the CAA] under point 21.A.3A(b)(2) F115...;
where the manufacturer acts as supplier to another production organisation, report also to that other organisation all cases where it has released products, parts or appliances to that organisation and subsequently identified them to have possible deviations from the applicable design data.
Textual Amendments
F112Word in Annex 1 point 21.A.129(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 199(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F113Word in Annex 1 point 21.A.129(f)(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 199(3)(b)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F114Words in Annex 1 point 21.A.129(f)(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 199(3)(b)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F115Words in Annex 1 point 21.A.129(f)(2) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 199(3)(b)(iii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F116Word in Annex 1 point 21.A.130(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 199(3)(c)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
for each product, part or appliance, a statement that the product, part or appliance conforms to the approved design data and is in condition for safe operation;
for each aircraft, a statement that the aircraft has been ground- and flight-checked in accordance with point 21.A.127(a);
for each engine, or variable pitch propeller, a statement that the engine or variable pitch propeller has been subjected by the manufacturer to a final functional test in accordance with point 21.A.128;
additionally, in the case of environmental requirements:
a statement that the completed engine is in compliance with the applicable engine exhaust emissions requirements on the date of manufacture of the engine, and;
a statement that the completed aeroplane is in compliance with the applicable CO 2 emissions requirements on the date its first certificate of airworthiness is issued.]
upon the initial transfer by it of the ownership of such a product, part or appliance; or
upon application for the original issue of an aircraft certificate of airworthiness; or
upon application for the original issue of an airworthiness release document for an engine, a propeller, a part or appliance,
present a current statement of conformity, for validation by the [F117CAA].
Textual Amendments
F117Word in Annex 1 point 21.A.130(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 199(3)(c)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F118Word in Annex 1 point 21.A.130(d) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 199(3)(c)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
This Subpart establishes:
the procedure for the issuance of a production organisation approval for a production organisation showing conformity of products, parts and appliances with the applicable design data;
the rules governing the rights and obligations of the applicant for, and holders of, such approvals.
Any natural or legal person (‘organisation’) shall be eligible as an applicant for an approval under this Subpart. The applicant shall:
justify that, for a defined scope of work, an approval under this Subpart is appropriate for the purpose of showing conformity with a specific design; and
hold or have applied for an approval of that specific design; or
have ensured, through an appropriate arrangement with the applicant for, or holder of, an approval of that specific design, satisfactory coordination between production and design.
Each application for a production organisation approval shall be made to the [F119CAA] in a form and manner established by that authority, and shall include an outline of the information required by point 21.A.143 and the terms of approval requested to be issued under point 21.A.151.
Textual Amendments
F119Word in Annex 1 point 21.A.134 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 200(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
An organisation shall be entitled to have a production organisation approval issued by the [F120CAA] when it has demonstrated compliance with the applicable requirements under this Subpart.
Textual Amendments
F120Word in Annex 1 point 21.A.135 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 200(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
as applicable within the scope of approval, control procedures for:
document issue, approval, or change;
vendor and subcontractor assessment audit and control;
verification that incoming products, parts, materials, and equipment, including items supplied new or used by buyers of products, are as specified in the applicable design data;
identification and traceability;
manufacturing processes;
inspection and testing, including production flight tests;
calibration of tools, jigs, and test equipment;
non-conforming item control;
airworthiness coordination with the applicant for, or holder of, the design approval;
records completion and retention;
personnel competence and qualification;
issue of airworthiness release documents;
handling, storage and packing;
internal quality audits and resulting corrective actions;
work within the terms of approval performed at any location other than the approved facilities;
work carried out after completion of production but prior to delivery, to maintain the aircraft in a condition for safe operation;
issue of permit to fly and approval of associated flight conditions.
The control procedures need to include specific provisions for any critical parts.
An independent quality assurance function to monitor compliance with, and adequacy of, the documented procedures of the quality system. This monitoring shall include a feedback system to the person or group of persons referred to in point 21.A.145(c)(2) and ultimately to the manager referred to in point 21.A.145(c)(1) to ensure, as necessary, corrective action.
a statement signed by the accountable manager confirming that the production organisation exposition and any associated manuals which define the approved organisation’s compliance with this Subpart will be complied with at all times;
the title(s) and names of managers accepted by the [F121CAA] in accordance with point 21.A.145(c)(2);
the duties and responsibilities of the manager(s) as required by point 21.A.145(c)(2) including matters on which they may deal directly with the [F121CAA] on behalf of the organisation;
an organisational chart showing associated chains of responsibility of the managers as required by point 21.A.145(c)(1) and (2);
a list of certifying staff as referred to in point 21.A.145(d);
a general description of man-power resources;
a general description of the facilities located at each address specified in the production organisation’s certificate of approval;
a general description of the production organisation’s scope of work relevant to the terms of approval;
the procedure for the notification of organisational changes to the [F121CAA];
the amendment procedure for the production organisation exposition;
a description of the quality system and the procedures as required by point 21.A.139(b)(1);
a list of those outside parties referred to in point 21.A.139(a)[F122;]
[F123if flight tests are to be conducted, a flight test operations manual defining the organisation's policies and procedures in relation to flight test. The flight test operations manual shall include:
a description of the organisation's processes for flight test, including the flight test organisation involvement into the permit to fly issuance process;
crewing policy, including composition, competency, currency and flight time limitations, in accordance with Appendix XII to this Annex I (Part 21), where applicable;
procedures for the carriage of persons other than crew members and for flight test training, when applicable;
a policy for risk and safety management and associated methodologies;
procedures to identify the instruments and equipment to be carried;
a list of documents that need to be produced for flight test.]
Textual Amendments
Textual Amendments
F121Word in Annex 1 point 21.A.143 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 200(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The production organisation shall demonstrate, on the basis of the information submitted in accordance with point 21.A.143 that:
with regard to general approval requirements, facilities, working conditions, equipment and tools, processes and associated materials, number and competence of staff, and general organisation are adequate to discharge obligations under point 21.A.165;
[F9with regard to all necessary airworthiness and environmental data:
the production organisation is in receipt of such data from the [F124CAA], and from the holder of, or applicant for, the type-certificate, restricted type-certificate or design approval, including any exemption granted against the CO 2 production cut-off requirements, to determine conformity with the applicable design data;
the production organisation has established a procedure to ensure that airworthiness and environmental data are correctly incorporated in its production data and,
such data are kept up to date and made available to all personnel who need access to such data to perform their duties;
with regard to management and staff:
a manager has been nominated by the production organisation, and is accountable to the [F125CAA]. His or her responsibilities within the organisation shall consist of ensuring that all production is performed to the required standards and that the production organisation is continuously in compliance with the data and procedures identified in the exposition referred to in point 21.A.143;
a person or group of persons have been nominated by the production organisation to ensure that the organisation is in compliance with the requirements of this Annex (Part 21), and are identified, together with the extent of their authority. Such person(s) shall act under the direct authority of the accountable manager referred to in point (1). The person(s) nominated shall be able to show the appropriate knowledge, background and experience to discharge their responsibilities;
staff at all levels have been given appropriate authority to be able to discharge their allocated responsibilities and that there is full and effective coordination within the production organisation in respect of airworthiness and environmental data matters;]
with regard to certifying staff, authorised by the production organisation to sign the documents issued under point 21.A.163 under the scope or terms of approval:
the knowledge, background (including other functions in the organisation), and experience of the certifying staff are appropriate to discharge their allocated responsibilities;
the production organisation maintains a record of all certifying staff which shall include details of the scope of their authorisation;
certifying staff are provided with evidence of the scope of their authorisation.
Textual Amendments
F124Word in Annex 1 point 21.A.145(b)(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 200(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F125Word in Annex 1 point 21.A.145(c)(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 200(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F126Word in Annex 1 point 21.A.147 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 200(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
A change of the location of the manufacturing facilities of the approved production organisation shall be deemed of significance and therefore shall comply with point 21.A.147.
Except as a result of a change in ownership, which is deemed significant for the purposes of point 21.A.147, a production organisation approval is not transferable.
The terms of approval shall identify the scope of work, the products or the categories of parts and appliances, or both, for which the holder is entitled to exercise the privileges under point 21.A.163.
Those terms shall be issued as part of a production organisation approval.
Each change to the terms of approval shall be approved by the [F127CAA]. An application for a change to the terms of approval shall be made in a form and manner established by the [F127CAA]. The applicant shall comply with the applicable requirements of this Subpart.
Textual Amendments
F127Word in Annex 1 point 21.A.153 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 200(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
A production organisation shall make arrangements that allow the [F128CAA] to make any investigations, including investigations of partners and subcontractors, necessary to determine compliance and continued compliance with the applicable requirements of this Subpart.
Textual Amendments
F128Word in Annex 1 point 21.A.157 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 200(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
a level one finding is any non-compliance with this Annex I (Part 21) which could lead to uncontrolled non-compliances with applicable design data and which could affect the safety of the aircraft;
a level two finding is any non-compliance with this Annex I (Part 21) which is not classified as level one.
in case of a level one finding, the holder of the production organisation approval shall demonstrate corrective action to the satisfaction of the [F129CAA] within a period of no more than 21 working days after written confirmation of the finding;
in case of level two findings, the corrective action period granted by the [F129CAA] shall be appropriate to the nature of the finding but in any case initially shall not be more than three months. In certain circumstances and subject to the nature of the finding the [F129CAA] may extend the three months period subject to the provision of a satisfactory corrective action plan agreed by the [F129CAA];
a level three finding shall not require immediate action by the holder of the production organisation approval.
Textual Amendments
F129Word in Annex 1 point 21.A.158 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 200(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
the production organisation fails to demonstrate compliance with the applicable requirements of this Subpart; or
the [F130CAA] is prevented by the holder or any of its partners or subcontractors to perform the investigations in accordance with point 21.A.157; or
there is evidence that the production organisation cannot maintain satisfactory control of the manufacture of products, parts or appliances under the approval; or
the production organisation no longer meets the requirements of point 21.A.133; or
the certificate has been surrendered or revoked under point 21.B.245.
Textual Amendments
F130Word in Annex 1 point 21.A.159 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 200(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Pursuant to the terms of approval issued under point 21.A.135, the holder of a production organisation approval may:
perform production activities under this Annex I (Part 21);
in the case of complete aircraft and upon presentation of a statement of conformity ([F131CAA] Form 52) under point 21.A.174, obtain an aircraft certificate of airworthiness and a noise certificate without further showing;
in the case of other products, parts or appliances, issue authorised release certificates ([F132CAA] Form 1) without further showing;
maintain a new aircraft that it has produced and issue a certificate of release to service ([F133CAA] Form 53) in respect of that maintenance;
under procedures agreed with [F134the CAA] for production, for an aircraft it has produced and when the production organisation itself is controlling under its POA the configuration of the aircraft and is attesting conformity with the design conditions approved for the flight, to issue a permit to fly in accordance with point 21.A.711(c) including approval of the flight conditions in accordance with point 21.A.710(b).
Textual Amendments
F131Word in Annex 1 point 21.A.163(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 200(5)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F132Word in Annex 1 point 21.A.163(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 200(5)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F133Word in Annex 1 point 21.A.163(d) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 200(5)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F134Words in Annex 1 point 21.A.163(e) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 200(5)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The holder of a production organisation approval shall:
ensure that the production organisation exposition furnished in accordance with point 21.A.143 and the documents to which it refers, are used as basic working documents within the organisation;
maintain the production organisation in conformity with the data and procedures approved for the production organisation approval;
determine that each completed aircraft conforms to the type design and is in condition for safe operation prior to submitting statements of conformity to the [F135CAA]; or
[F136determine that other products, parts or appliances are complete and conform to the approved design data and are in a condition for safe operation before issuing an [F137CAA] Form 1 to certify conformity to approved design data and condition for safe operation;
[F81additionally, in the case of environmental requirements determine that:
the completed engine is in compliance with the applicable engine exhaust emissions requirements on the date of manufacture of the engine: and
the completed aeroplane is in compliance with the applicable CO 2 emissions requirements on the date its first certificate of airworthiness is issued.]
determine that other products, parts or appliances conform to the applicable data before issuing an [F137CAA] Form 1 as a conformity certificate;]
record all details of work carried out;
establish and maintain an internal occurrence reporting system in the interest of safety, to enable the collection and assessment of occurrence reports in order to identify adverse trends or to address deficiencies, and to extract reportable occurrences. This system shall include evaluation of relevant information relating to occurrences and the promulgation of related information;
report to the holder of the type-certificate or design approval, all cases where products, parts or appliances have been released by the production organisation and subsequently identified to have possible deviations from the applicable design data, and investigate with the holder of the type-certificate or design approval in order to identify those deviations which could lead to an unsafe condition;
report to the [F138CAA] the deviations which could lead to an unsafe condition identified according to point (1). Such reports shall be made in a form and manner [F139established by the CAA] under point 21.A.3A(b)(2) F140...;
where the holder of the production organisation approval is acting as a supplier to another production organisation, report also to that other organisation all cases where it has released products, parts or appliances to that organisation and subsequently identified them to have possible deviations from the applicable design data;
provide assistance to the holder of the type-certificate or design approval in dealing with any continuing airworthiness actions that are related to the products parts or appliances that have been produced;
establish an archiving system incorporating requirements imposed on its partners, suppliers and subcontractors, ensuring conservation of the data used to justify conformity of the products, parts or appliances. Such data shall be held at the disposal of the [F141CAA] and be retained in order to provide the information necessary to ensure the continuing airworthiness of the products, parts or appliances;
where, under its terms of approval, the holder issues a certificate of release to service, determine that each completed aircraft has been subjected to necessary maintenance and is in condition for safe operation, prior to issuing the certificate;
where applicable, under the privilege of point 21.A.163(e), determine the conditions under which a permit to fly can be issued;
where applicable, under the privilege of point 21.A.163(e), establish compliance with points 21.A.711(c) and (e) before issuing a permit to fly to an aircraft.
Textual Amendments
F135Word in Annex 1 point 21.A.165(c)(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 200(6)(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F136Substituted by Commission Regulation (EU) No 7/2013 of 8 January 2013 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).
F137Word in Annex 1 point 21.A.165(c)(2)(4) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 200(6)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F138Word in Annex 1 point 21.A.165(f)(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 200(6)(b)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F139Words in Annex 1 point 21.A.165(f)(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 200(6)(b)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F140Words in Annex 1 point 21.A.165(f)(2) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 200(6)(b)(iii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F141Word in Annex 1 point 21.A.165(h) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 200(6)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
This Subpart establishes the procedure for issuing airworthiness certificates.
Any natural or legal person under whose name an aircraft is registered or will be registered in [F142the United Kingdom], or its representative, shall be eligible as an applicant for an airworthiness certificate for that aircraft under this Subpart.
Textual Amendments
F142Words in Annex 1 point 21.A.172 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Airworthiness certificates shall be classified as follows:
certificates of airworthiness shall be issued to aircraft which conform to a type-certificate that has been issued in accordance with this Annex I (Part 21);
restricted certificates of airworthiness shall be issued to aircraft:
which conform to a restricted type-certificate that has been issued in accordance with this Annex I (Part 21); or
which have been shown to the [F143CAA] to comply with specific airworthiness specifications ensuring adequate safety.
Textual Amendments
F143Word in Annex 1 point 21.A.173(b)(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F144Word in Annex 1 point 21.A.174(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(4)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
the class of airworthiness certificate applied for;
with regard to new aircraft:
a statement of conformity:
a weight and balance report with a loading schedule and;
the flight manual, when required by the applicable certification specifications for the particular aircraft.
[F81with regard to used aircraft originating from:
[F147the United Kingdom], an airworthiness review certificate issued in accordance with Annex I (Part-M) or Annex Vb (Part-ML) to Commission Regulation (EU) No 1321/2014 (5);
a third country:
a statement by the competent authority of the State where the aircraft is, or was, registered, reflecting the airworthiness status of the aircraft on its register at the time of transfer,
a weight and balance report with a loading schedule,
the flight manual when such a manual is required by the airworthiness code for the aircraft,
historical records to establish the production, modification and maintenance standard of the aircraft, including all limitations associated with a restricted certificate of airworthiness issued in accordance with point 21.B.327,
a recommendation for the issuance of a certificate of airworthiness or restricted certificate of airworthiness and for an airworthiness review certificate pursuant to an airworthiness review in accordance with Annex I (Part-M) [F148, or an airworthiness review certificate in accordance with] or Annex Vb (Part-ML) to Regulation (EU) No 1321/2014 [F149,
—the date on which the first certificate of airworthiness was issued and, if the standards of Volume 3 of Annex 16 to the Chicago Convention apply, the CO2 metric value data].]]
Textual Amendments
F145Word in Annex 1 point 21.A.174(b)(2)(i) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(4)(b)(i)(aa) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F146Word in Annex 1 point 21.A.174(b)(2)(i) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(4)(b)(i)(bb) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F147Words in Annex 1 point 21.A.174(b)(3)(i) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(4)(b)(ii)(aa) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F148Words in Annex 1 point 21.A.174(b) inserted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(8)(a)(i)
F149Words in Annex 1 point 21.A.174(b) inserted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(8)(a)(ii)
Textual Amendments
F150Word in Annex 1 point 21.A.174(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(4)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The manuals, placards, listings, and instrument markings and other necessary information required by applicable certification specifications shall be presented in [F151English].
Textual Amendments
F151Word in Annex 1 point 21.A.175 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(5) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
An airworthiness certificate may be amended or modified only by the [F152CAA].
Textual Amendments
F152Word in Annex 1 point 21.A.177 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(6) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F154Annex 1 point 21.A.179(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(7)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F155Annex 1 point 21.A.179(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(7)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F153Words in Annex 1 point 21.A.179 heading omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(7)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The holder of the airworthiness certificate shall provide access to the aircraft for which that airworthiness certificate has been issued upon request by the [F156CAA].
Textual Amendments
F156Word in Annex 1 point 21.A.180 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(8) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
[F157the aircraft continuing to comply with the applicable type design and continued airworthiness requirements; and]
the aircraft remaining on the same register; and
the type-certificate or restricted type-certificate under which it is issued not being previously invalidated under point 21.A.51;
[F158the certificate is not being revoked by the CAA under point 21.B.65 or surrendered by the certificate holder.]
Textual Amendments
F157Annex 1 point 21.A.181(a)(1) substituted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(8)(c)(i)
F158Annex 1 point 21.A.181(a)(4) substituted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(8)(e)(i)
Textual Amendments
F159Word in Annex 1 point 21.A.181(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(9) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Each applicant for an airworthiness certificate under this Subpart shall demonstrate that its aircraft is identified in accordance with Subpart Q.
This Subpart establishes the procedure for issuing noise certificates.
Any natural or legal person under whose name an aircraft is registered or will be registered in [F160the United Kingdom], or its representative, shall be eligible as an applicant for a noise certificate for that aircraft under this Subpart.
Textual Amendments
F160Words in Annex 1 point 21.A.203 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 202(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F161Word in Annex 1 point 21.A.204(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 202(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
with regard to new aircraft:
a statement of conformity:
issued under point 21.A.163(b), or
issued under point 21.A.130 and validated by the competent authority, or
for an imported aircraft, a statement, signed by the exporting authority that the aircraft conforms to a design approved by the [F162CAA]; and
the noise information determined in accordance with the applicable noise requirements;
with regard to used aircraft:
the noise information determined in accordance with the applicable noise requirements; and
historical records to establish the production, modification, and maintenance standard of the aircraft.
Textual Amendments
F162Word in Annex 1 point 21.A.204(b)(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 202(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F163Word in Annex 1 point 21.A.204(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 202(3)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
A noise certificate may be amended or modified only by the [F164CAA].
Textual Amendments
F164Word in Annex 1 point 21.A.207 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 202(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Where ownership of an aircraft has [F166changed and it remains on the United Kingdom register, the noise certificate must be transferred together with the aircraft.]
Textual Amendments
F166Words in Annex 1 point 21.A.209 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 202(5)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F167Annex 1 point 21.A.209(a)(b) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 202(5)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F165Words in Annex 1 point 21.A.209 heading omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 202(5)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The holder of the noise certificate shall provide access to the aircraft for which that noise certificate has been issued upon request by the [F168CAA].
Textual Amendments
F168Word in Annex 1 point 21.A.210 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 202(6) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
compliance with the applicable type-design, environmental protection and continuing airworthiness requirements; and
the aircraft remaining on the same register; and
the type-certificate or restricted type-certificate under which it is issued not being previously invalidated under point 21.A.51;
the certificate not being surrendered or revoked under point 21.B.430.
Textual Amendments
F169Word in Annex 1 point 21.A.211(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 202(7) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
This Subpart establishes the procedure for the approval of design organisations and rules governing the rights and obligations of applicants for, and holders of, such approvals. In this Subpart, the references to type-certificates include type-certificates and restricted type-certificates.]
Any natural or legal person (‘organisation’) shall be eligible as an applicant for an approval under this Subpart
in accordance with points 21.A.14, 21.A.112B, 21.A.432B or 21.A.602B; or
for approval of minor changes or minor repair design, when requested for the purpose of obtaining privileges under point 21.A.263.
Each application for a design organisation approval shall be made in a form and manner established by the [F170CAA] and shall include an outline of the information required by point 21.A.243, and the terms of approval requested to be issued under point 21.A.251.
Textual Amendments
F170Word in Annex 1 point 21.A.234 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 203(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
An organisation shall be entitled to have a design organisation approval issued by the [F171CAA] when it has demonstrated compliance with the applicable requirements under this Subpart.
Textual Amendments
F171Word in Annex 1 point 21.A.235 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 203(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
[F14to ensure that the design of the products, parts and appliances or the design change thereof, comply with the applicable type-certification basis, the applicable operational suitability data certification basis and environmental protection requirements; and]
to ensure that its responsibilities are properly discharged in accordance with:
the appropriate provisions of this Annex I (Part 21); and
the terms of approval issued under point 21.A.251;
to independently monitor the compliance with, and adequacy of, the documented procedures of the system. This monitoring shall include a feed-back system to a person or a group of persons having the responsibility to ensure corrective actions.
Textual Amendments
F172Word in Annex 1 point 21.A.239 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 203(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
a description of the organisation's processes for flight test, including the flight test organisation involvement into the permit to fly issuance process;
crewing policy, including composition, competency, currency and flight time limitations, in accordance with Appendix XII to this Annex I (Part 21), where applicable;
procedures for the carriage of persons other than crew members and for flight test training, when applicable;
a policy for risk and safety management and associated methodologies;
procedures to identify the instruments and equipment to be carried;
a list of documents that need to be produced for flight test.]
Textual Amendments
F173Word in Annex 1 point 21.A.243 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 203(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The design organisation shall demonstrate, on the basis of the information submitted in accordance with point 21.A.243 that, in addition to complying with point 21.A.239:
the staff in all technical departments are of sufficient numbers and experience and have been given appropriate authority to be able to discharge their allocated responsibilities and these, together with the accommodation, facilities and equipment are adequate to enable the staff to achieve the airworthiness, operational suitability and environmental protection objectives for the product;
there is full and efficient coordination between departments and within departments in respect of airworthiness, operational suitability and environmental protection matters.]
After the issue of a design organisation approval, each change to the design assurance system that is significant to the showing of compliance or to the airworthiness, operational suitability and environmental protection of the product, shall be approved by the [F174CAA]. An application for approval shall be submitted in writing to the [F174CAA] and the design organisation shall demonstrate to the [F174CAA], on the basis of submission of proposed changes to the handbook, and before implementation of the change, that it will continue to comply with this Subpart after implementation.]
Textual Amendments
F174Word in Annex 1 point 21.A.247 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 203(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Except as a result of a change in ownership, which is deemed significant for the purposes of point 21.A.247, a design organisation approval is not transferable.
The terms of approval shall identify the types of design work, the categories of products, parts and appliances for which the design organisation holds a design organisation approval, and the functions and duties that the organisation is approved to perform with regard to the airworthiness, operational suitability and environmental characteristics of the products. For design organisation approvals covering type-certification or [F175UKTSO] authorisation for auxiliary power units (APUs), the terms of approval shall contain in addition the list of products or APUs. Those terms shall be issued as part of a design organisation approval.]
Textual Amendments
F175Word in Annex 1 point 21.A.251 substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(4)(a)
Each change to the terms of approval shall be approved by the [F176CAA]. An application for a change to the terms of approval shall be made in a form and manner established by the [F176CAA]. The design organisation shall comply with the applicable requirements of this Subpart.
Textual Amendments
F176Word in Annex 1 point 21.A.253 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 203(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F177Word in Annex 1 point 21.A.257 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 203(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
a ‘level 1’ finding is any non-compliance with the requirements of this Annex that may lead to uncontrolled non-compliances with applicable requirements and affect the safety of the aircraft;
a ‘level 2’ finding is any non-compliance with the requirements of this Annex that is not classified as a ‘level 1’ finding.]
in the case of a ‘level 1’ finding, the holder of a design organisation approval shall demonstrate to the satisfaction of the [F178CAA] that it has taken adequate corrective action within a period of no more than 21 working days after written confirmation of the finding;
in the case of a ‘level 2’ findings, the holder of a design organisation approval shall demonstrate to the satisfaction of the [F178CAA] that it has taken adequate corrective action within a time period set by the [F178CAA] which is appropriate to the nature of the finding and is initially no longer than three months. The [F178CAA] may extend that initial time period where it considers that the nature of the finding allows such extension and where the applicant has submitted a corrective action plan which the [F178CAA] finds satisfactory; and
a ‘level 3’ finding shall not require immediate action by the holder of a design organisation approval.
Textual Amendments
F178Word in Annex 1 point 21.A.258 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 203(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
the design organisation fails to demonstrate compliance with the applicable requirements of this Subpart; or
the [F179CAA] is prevented by the holder or any of its partners or subcontractors to perform the investigations in accordance with point 21.A.257; or
there is evidence that the design assurance system cannot maintain satisfactory control and supervision of the design of products or changes thereof under the approval; or
the certificate has been surrendered or revoked under the applicable administrative procedures established by the [F179CAA].
Textual Amendments
F179Word in Annex 1 point 21.A.259 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 203(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
(Reserved)
(Reserved)
A holder of a design organisation approval shall be entitled, within the scope of its terms of approval, as established by the [F180CAA], and under the relevant procedures of the design assurance system:
to classify changes to a type-certificate or to a supplemental type-certificate and repair designs as ‘ major ’ or ‘minor’ ;
to approve minor changes to a type-certificate or to a supplemental type-certificate and minor repair designs;
(Reserved);
(Reserved);
to approve certain major repair designs under Subpart M to products or auxiliary power units (APUs);
to approve for certain aircraft the flight conditions under which a permit to fly can be issued in accordance with point 21.A.710(a)(2), except for permits to fly to be issued for the purpose of point 21.A.701(a)(15);
to issue a permit to fly in accordance with point 21.A.711(b) for an aircraft it has designed or modified, or for which it has approved, in accordance with point 21.A.263(c)(6), the flight conditions under which the permit to fly can be issued, and where the holder of a design organisation approval itself:
controls the configuration of the aircraft, and
attests conformity with the design conditions approved for the flight;
to approve certain major changes to a type-certificate under Subpart D; and
to issue certain supplemental type-certificates under Subpart E and approve certain major changes to those certificates.]
Textual Amendments
F180Word in Annex 1 point 21.A.263(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 203(5)(b) (with Sch. 3) (as substituted by S.I. 2020/1116, regs. 1(3), 7(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
The holder of a design organisation approval shall, within the scope of its terms of approval, as established by the [F181CAA]:
Textual Amendments
F181Word in Annex 1 point 21.A.265 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 203(6) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12 and S.I. 2020/1116, regs. 1(3), 7(c)); 2020 c. 1, Sch. 5 para. 1(1)
maintain the handbook required under point 21.A.243 in conformity with the design assurance system;
ensure that this handbook or the relevant procedures included by cross-reference are used as a basic working document within the organisation;
determine that the design of products, or changes or repairs thereto comply with the applicable specifications and requirements and have no unsafe features;
provide the [F181CAA] with statements and associated documentation confirming compliance with point (c), except for approval processes carried out in accordance with point 21.A.263(c);
provide to the [F181CAA] data and information related to the actions required under point 21.A.3B;
determine, in accordance with point 21.A.263(c)(6), the flight conditions under which a permit to fly can be issued;
establish, in accordance with point 21.A.263(c)(7), compliance with points (b) and (e) of point 21.A.711 before issuing a permit to fly to an aircraft;
designate data and information issued under the authority of the approved design organisation within the scope of its terms of approval as established by the [F181CAA] with the following statement: ‘The technical content of this document is approved under the authority of the DOA ref. [F182CAA.21J].[XXXX]’.]
Textual Amendments
F182Word in Annex 1 point 21.A.265(h) substituted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(9)(j)(ii)
This Subpart establishes the procedure relating to the approval of parts and appliances.
The showing of compliance of parts and appliances to be installed in a type-certificated product shall be made:
in conjunction with the type-certification procedures of Subpart B, D or E for the product in which it is to be installed; or
where applicable, under the [F183UKTSO] authorisation procedures of Subpart O; or
in the case of standard parts, in accordance with officially recognised Standards.
Textual Amendments
F183Words in Annex 1 point 21.A.303(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 204(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
In all cases where the approval of a part or appliance is explicitly required by F184... law or [F185CAA] measures, the part or appliance shall comply with the applicable [F186UKTSO] or with the specifications recognised as equivalent by the [F187CAA] in the particular case.
Textual Amendments
F184Word in Annex 1 point 21.A.305 omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 204(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F185Word in Annex 1 point 21.A.305 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 204(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F186Word in Annex 1 point 21.A.305 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 204(3)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F187Word in Annex 1 point 21.A.305 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 204(3)(d) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
A part or appliance shall be eligible for installation in a type-certificated product when it is in a condition for safe operation, and it is:
accompanied by an authorised release certificate ([F188CAA] Form 1), certifying that the item was manufactured in conformity to approved design data and is marked in accordance with Subpart Q; or
a standard part; or
in the case of ELA1 or ELA2 aircraft, a part or appliance that is:
not life-limited, nor part of the primary structure, nor part of the flight controls;
manufactured in conformity to applicable design;
marked in accordance with Subpart Q;
identified for installation in the specific aircraft;
to be installed in an aircraft for which the owner has verified compliance with the conditions 1 through 4 and has accepted responsibility for this compliance.
Textual Amendments
F188Word in Annex 1 point 21.A.305 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 204(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F189Word in Annex 1 point 21.A.431A(e) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
in relation to:
aeroplanes of 5 700 kg Maximum Take-Off Mass (MTOM) or less;
rotorcraft of 3 175 kg MTOM or less;
sailplanes and powered sailplanes, balloons and airships as defined in ELA1 or ELA2.
that follow design data included in certification specifications issued by the [F190CAA], containing acceptable methods, techniques and practices for carrying out and identifying standard repairs, including the associated instructions for [F191continued] airworthiness; and
that are not in conflict with TC holders data.
Textual Amendments
F190Word in Annex 1 point 21.A.431B(a)(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F191Word in Annex 1 point 21.A.431B(a) substituted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(11)(a)
Textual Amendments
F192Word in Annex 1 point 21.A.432B substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F193Word in Annex 1 point 21.A.432B(c) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(5)(a)
An application for a repair design approval shall be made in a form and manner established by the [F194CAA].
An application for a major repair design approval shall include, or be supplemented after the initial application, [F195by] a certification programme containing:
a description of the damage and repair design identifying the configuration of the type design upon which the repair is made;
an identification of all areas of the type design and the approved manuals that are changed or affected by the repair design;
an identification of any reinvestigations necessary to demonstrate compliance of the repair design and areas affected by the repair design with the type-certification basis incorporated by reference in, as applicable, either the type-certificate, the supplemental type-certificate or the APU ETSO authorisation;
any proposed 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;
a proposal for a breakdown of the certification programme into meaningful groups of compliance demonstration activities and data, including the means and process proposed to be followed to demonstrate compliance with point 21.A.433(a)(1) and references to related compliance documents;
a proposal for the assessment of the meaningful groups of compliance demonstration activities and data, addressing the likelihood of an unidentified non-compliance with the type-certification basis and the potential impact of that non-compliance on product safety. The proposed assessment shall take into account at least the elements set out in subpoints (1)-(4) of point 21.B.100(a). Based on this assessment, the application shall include a proposal for the [F196CAA’s] involvement in the verification of the compliance demonstration activities and data; and
the specification whether the certification data is prepared completely by the applicant or on the basis of an arrangement with the owner of the type-certification data.]
Textual Amendments
F194Word in Annex 1 point 21.A.432C(a) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(5)(b)(i)
F195Word in Annex 1 point 21.A.432C(b) inserted (21.6.2023) by virtue of The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(11)(b)
F196Word in Annex 1 point 21.A.432C(b)(6) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(5)(b)(ii)
A repair design shall only be approved:
when it has been demonstrated, following the certification programme referred to in point 21.A.432C(b), that the repair design complies with the type-certification basis incorporated by reference in, as applicable, either the type-certificate, the supplemental type-certificate or the APU [F197UKTSO] authorisation, as well as with any amendments established and notified by the [F198CAA] in accordance with point 21.B.450;
when compliance with the type-certification basis that applies in accordance with point (a)(1) has been declared and the justifications of compliance have been recorded in the compliance documents;
when no feature or characteristic has been identified that may make the product unsafe for the uses for which certification is requested; F199...
where the applicant has specified that it provided certification data on the basis of an arrangement with the owner of the type-certification data in accordance with point 21.A.432C(b)(7):
when the holder has indicated that it has no technical objection to the information submitted under point (a)(2); and
when the holder has agreed to collaborate with the repair design approval holder to ensure discharge of all obligations for continued airworthiness of the changed product through compliance with point 21.A.451 [F200; and
when, for a repair to an aeroplane subject to point 26.302 of Annex I to Regulation (EU) 2015/640, it has been demonstrated that the structural integrity of the repair and affected structure is at least equivalent to the level of structural integrity established for the baseline structure by point 26.302 of Annex I to that Regulation].
Textual Amendments
F197Word in Annex 1 point 21.A.433(a)(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(5)(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12 and S.I. 2020/1116, regs. 1(3), 8(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)
F198Word in Annex 1 point 21.A.433(a)(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(5)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F199Word in Annex 1 point 21.A.433(a) omitted (21.6.2023) by virtue of The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(11)(c)(i)
F200Annex 1 point 21.A.433(a)(5) and word inserted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(11)(c)(ii)
F201Word in Annex 1 point 21.A.433(b) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(5)(b)(iii)
A repair design shall be classified as either ‘ major ’ or ‘ minor ’ in accordance with the criteria set out in point 21.A.91 for a change to the type-certificate.
A repair design shall be classified and approved by:
the [F202CAA]; or
an approved design organisation within the scope of its privileges provided for in points (1), (2) and (5) of point 21.A.263(c), as recorded in the terms of approval.]
Textual Amendments
F202Word in Annex 1 point 21.A.435 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(6) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12 and S.I. 2020/1116, regs. 1(3), 8(c)); 2020 c. 1, Sch. 5 para. 1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parts and appliances to be used for the repair shall be manufactured in accordance with production data based upon all the necessary design data as provided by the repair design approval holder:
under Subpart F; or
by an organisation appropriately approved in accordance with Subpart G; or
by an appropriately approved maintenance organisation.
A repair design may be approved subject to limitations, in which case the repair design approval shall include all necessary instructions and limitations. These instructions and limitations shall be transmitted by the repair design approval holder to the operator in accordance with a procedure agreed with the [F203CAA].
Textual Amendments
F203Word in Annex 1 point 21.A.443 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(8) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F204Word in Annex 1 point 21.A.445(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(9)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Any necessary limitations shall be processed in accordance with the procedures of point 21.A.443.
Textual Amendments
F205Word in Annex 1 point 21.A.445(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(9)(b)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F206Word in Annex 1 point 21.A.445(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(9)(b)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
For each repair, all relevant design information, drawings, test reports, instructions and limitations possibly issued in accordance with point 21.A.443, justification for classification and evidence of the design approval, shall:
be held by the repair design approval holder at the disposal of the [F207CAA]; and
be retained by the repair design approval holder in order to provide the information necessary to ensure the continued airworthiness of the repaired products, parts or appliances.
Textual Amendments
F207Word in Annex 1 point 21.A.447(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(10) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F208Word in Annex 1 point 21.A.449(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(11) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F209Word in Annex 1 point 21.A.449(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(11) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
undertake the obligations:
laid down in points 21.A.3A, 21.A.3B, 21.A.4, 21.A.439, 21.A.441, 21.A.443, 21.A.447 and 21.A.449;
implicit in the collaboration with the type-certificate, supplemental type-certificate and with the APU [F211UKTSO] authorisation holder under point 21.A.433 (b), as appropriate.
specify the marking, including [F212UKPA] letters, in accordance with point 21.A.804(a).
Textual Amendments
F211Word in Annex 1 point 21.A.451(a)(1)(ii) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(12)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F212Word in Annex 1 point 21.A.451(a)(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(12)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
undertake the obligations laid down in points 21.A.4, 21.A.447 and 21.A.449; and
specify the marking, including [F213UKPA] letters, in accordance with point 21.A.804(a).
Textual Amendments
F213Word in Annex 1 point 21.A.451(b)(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(12)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F210Word in Annex 1 point 21.A.451 heading substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(12)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
This Subpart establishes the procedure for issuing [F215UKTSO] authorisations and the rules governing the rights and obligations of applicants for, or holders of, such authorisations.
Textual Amendments
F215Word in Annex 1 point 21.A.601 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Any natural or legal person that produces or is preparing to produce an [F216UKTSO] article, and that has demonstrated, or is in the process of demonstrating, its capability under point 21.A.602B shall be eligible as an applicant for an [F216UKTSO] authorisation.
Textual Amendments
F216Word in Annex 1 point 21.A.602A substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Any applicant for an [F217UKTSO] authorisation shall demonstrate its capability as follows:
Textual Amendments
F217Word in Annex 1 point 21.A.602B substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(4)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
for production, by holding a production organisation approval, issued in accordance with Subpart G, or through compliance with Subpart F procedures; and
for design:
for an Auxiliary Power Unit, by holding a design organisation approval, issued by the [F218CAA] in accordance with Subpart J;
for all other articles, by using procedures setting out the specific design practices, resources and sequence of activities necessary to comply with this Annex I (Part 21).
Textual Amendments
F218Word in Annex 1 point 21.A.602B(b)(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(4)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F219Word in Annex 1 point 21.A.603(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(5)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F220Word in Annex 1 point 21.A.603(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(5)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
With regard to an [F221UKTSO] authorisation for an APU:
by way of derogation from points 21.A.603, 21.A.610 and 21.A.615, the following points shall apply: points 21.A.15, 21.A.20, 21.A.21, 21.A.31, 21.A.33, 21.A.44, 21.B.75 and 21.B.80. However, an [F221UKTSO] authorisation shall be issued in accordance with point 21.A.606 instead of a type-certificate;
[F81by way of derogation from point 21.A.611, the requirements of Subpart D shall apply to the approval of design changes by the APU [F221UKTSO] authorisation holder and design changes from other applicants classified as a minor change, and the requirements of Subpart E shall apply to the approval of design changes by other applicants classified as a major change. Where the requirements of Subpart E apply, a separate [F221UKTSO] authorisation shall be issued instead of a supplemental type certificate; and]
the requirements of Subpart M shall apply to the approval of repair designs.
Textual Amendments
F221Word in Annex 1 point 21.A.604 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(6) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The applicant shall submit to the [F222CAA] the following documents:
a certification programme for the [F223UKTSO] authorisation, setting out the means to demonstrate compliance with point 21.A.606(b);
a statement of compliance certifying that the applicant has met the requirements of this Subpart;
a declaration of design and performance (DDP), stating that the applicant has demonstrated that the article complies with the applicable [F223UKTSO] in accordance with the certification programme;
a copy of the technical data required in the applicable [F223UKTSO];
the exposition, or a reference to the exposition, referred to in point 21.A.143 for the purpose of obtaining an appropriate production organisation approval under Subpart G or the manual, or a reference to the manual, referred to in point 21.A.125A(b) for the purpose of manufacturing under Subpart F without production organisation approval;
for an APU, the handbook, or a reference to the handbook, referred to in point 21.A.243 for the purpose of obtaining an appropriate design organisation approval under Subpart J;
for all other articles, the procedures, or a reference to the procedures, referred to in point 21.A.602B(b)(2);
Textual Amendments
F222Word in Annex 1 point 21.A.605(a) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(6)(a)(i)
F223Word in Annex 1 point 21.A.605(a) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(6)(a)(ii)
F224Word in Annex 1 point 21.A.605(b) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(6)(b)(i)
F225Word in Annex 1 point 21.A.605(b) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(6)(b)(ii)
In order to be issued an [F226UKTSO] authorisation, the applicant shall:
demonstrate its capability in accordance with point 21.A.602B;
demonstrate that the article complies with the technical conditions of the applicable [F226UKTSO] or with deviations therefrom approved in accordance with point 21.A.610, if any;
comply with the requirements of this Subpart; and
declare that no feature or characteristic has been identified that may make the article unsafe for the uses for which certification is requested.]
Textual Amendments
F226Word in Annex 1 point 21.A.606 substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(6)(c)
The holder of an [F227UKTSO] authorisation is entitled to produce and to mark the article with the appropriate [F227UKTSO] marking.
Textual Amendments
F227Word in Annex 1 point 21.A.607 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(9) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
information corresponding to point 21.A.31(a) and (b), identifying the article and its design and testing standard;
the rated performance of the article, where appropriate, either directly or by reference to other supplementary documents;
a statement of compliance certifying that the article has met the appropriate [F228UKTSO];
reference to relevant test reports;
reference to the appropriate Maintenance, Overhaul and Repair Manuals;
the levels of compliance, where various levels of compliance are allowed by the [F228UKTSO];
list of deviations accepted in accordance with point 21.A.610.
Textual Amendments
F228Word in Annex 1 point 21.A.608 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(9) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The holder of an [F229UKTSO] authorisation under this Subpart shall:
manufacture each article in accordance with Subpart G or Subpart F that ensures that each completed article conforms to its design data and is safe for installation;
prepare and maintain, for each model of each article for which an [F229UKTSO] authorisation has been issued, a current file of complete technical data and records in accordance with point 21.A.613;
prepare, maintain and update master copies of all manuals required by the applicable airworthiness specifications for the article;
make available to users of the article and to the [F230CAA] on request those maintenance, overhaul and repair manuals necessary for the usage and maintenance of the article, and changes to those manuals;
mark each article in accordance with point 21.A.807;
comply with points 21.A.3A, 21.A.3B and 21.A.4;
continue to meet the qualification requirements of point 21.A.602B.
Textual Amendments
F230Word in Annex 1 point 21.A.609(d) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(10)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F229Word in Annex 1 point 21.A.609 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(10)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12 and S.I. 2020/1116, regs. 1(3), 9(b)); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F231Word in Annex 1 point 21.A.610(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(11)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F232Word in Annex 1 point 21.A.610(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(11)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F233Word in Annex 1 point 21.A.611(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(12)(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F234Word in Annex 1 point 21.A.611(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(12)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F235Word in Annex 1 point 21.A.611(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(12)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F236Word in Annex 1 point 21.A.611(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(12)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Further to the record-keeping requirements appropriate to or associated with the quality system, all relevant design information, drawings and test reports, including inspection records for the article tested, shall be held at the disposal of the [F237CAA] and shall be retained in order to provide the information necessary to ensure the continued airworthiness of the article and of the type-certificated product in which it is fitted.
Textual Amendments
F237Word in Annex 1 point 21.A.613 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(13) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Upon a request of the [F239CAA], each applicant for, or holder of an [F240UKTSO] authorisation for an article shall allow the [F241CAA] to:
Textual Amendments
F239Word in Annex 1 point 21.A.615 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(14)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F240Word in Annex 1 point 21.A.615 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(14)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F241Word in Annex 1 point 21.A.615 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(14)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
witness any tests;
inspect the technical data files on that article.
Textual Amendments
F238Word in Annex 1 point 21.A.615 heading substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(14)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
the conditions required when [F242UKTSO] authorisation was granted are no longer being observed; or
the obligations of the holder specified in point 21.A.609 are no longer being discharged; or
the article has proved to give rise to unacceptable hazards in service; or
the authorisation has been surrendered or revoked under the applicable administrative procedures established by the [F243CAA].
Textual Amendments
F243Word in Annex 1 point 21.A.619 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(15)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F242Word in Annex 1 point 21.A.619 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(15)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Except for a change in ownership of the holder, which shall be regarded as a change of significance, and shall therefore comply with points 21.A.147 and 21.A.247 as applicable, an [F244UKTSO] authorisation issued under this Annex I (Part 21) is not transferable.
Textual Amendments
F244Word in Annex 1 point 21.A.621 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(16) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F214Words in Annex 1 s. A Subpart O heading substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 206(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
development;
showing compliance with regulations or certification specifications;
design organisations or production organisations crew training;
production flight testing of new production aircraft;
flying aircraft under production between production facilities;
flying the aircraft for customer acceptance;
delivering or exporting the aircraft;
flying the aircraft for Authority acceptance;
market survey, including customer’s crew training;
exhibition and air show;
flying the aircraft to a location where maintenance or airworthiness review are to be performed, or to a place of storage;
flying an aircraft at a weight in excess of its maximum certificated takeoff weight for flight beyond the normal range over water, or over land areas where adequate landing facilities or appropriate fuel is not available;
record breaking, air racing or similar competition;
flying aircraft meeting the applicable airworthiness requirements before conformity to the environmental requirements has been found;
for non-commercial flying activity on individual non-complex aircraft or types for which a certificate of airworthiness or restricted certificate of airworthiness is not appropriate[F9;]
[F10flying an aircraft for troubleshooting purposes or to check the functioning of one or more systems, parts or appliances after maintenance.]
F245...
Textual Amendments
F245Annex 1 point 21.A.705 omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F246Word in Annex 1 point 21.A.707(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F247Words in Annex 1 point 21.A.707(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
the purpose(s) of the flight(s), in accordance with point 21.A.701;
the ways in which the aircraft does not comply with the applicable airworthiness requirements;
the flight conditions approved in accordance with point 21.A.710.
Flight conditions include:
the configuration(s) for which the permit to fly is requested;
any condition or restriction necessary for safe operation of the aircraft, including:
the conditions or restrictions put on itineraries or airspace, or both, required for the flight(s);
[F122any conditions or restrictions put on the flight crew to fly the aircraft, in addition to those defined in Appendix XII to this Annex I (Part 21);]
the restrictions regarding carriage of persons other than flight crew;
the operating limitations, specific procedures or technical conditions to be met;
the specific flight test programme (if applicable);
the specific continuing airworthiness arrangements including maintenance instructions and regime under which they will be performed;
the substantiation that the aircraft is capable of safe flight under the conditions or restrictions of point (b);
the method used for the control of the aircraft configuration, in order to remain within the established conditions.
when approval of the flight conditions is related to the safety of the design, to the [F248CAA] in a form and manner established by the [F248CAA]; or
when approval of the flight conditions is not related to the safety of the design, to the [F249CAA] in a form and manner established by that authority.
Textual Amendments
F248Word in Annex 1 point 21.A.709(a)(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(4)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F249Word in Annex 1 point 21.A.709(a)(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(4)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
the proposed flight conditions;
the documentation supporting these conditions; and
a declaration that the aircraft is capable of safe flight under the conditions or restrictions of point 21.A.708(b).
the [F250CAA]; or
an appropriately approved design organisation, under the privilege of point 21.A.263(c)(6).
Textual Amendments
F250Word in Annex 1 point 21.A.710(a)(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(5)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F251Word in Annex 1 point 21.A.710(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(5)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F252Word in Annex 1 point 21.A.710(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(5)(c)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F253Word in Annex 1 point 21.A.710(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(5)(c)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F254Word in Annex 1 point 21.A.711(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(6)(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F255Word in Annex 1 point 21.A.711(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(6)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F256Word in Annex 1 point 21.A.711(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(6)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F257Word in Annex 1 point 21.A.711(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(6)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F258Word in Annex 1 point 21.A.711(d) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(6)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F259Words in Annex 1 point 21.A.711(d) inserted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(13)(a)
Textual Amendments
F260Word in Annex 1 point 21.A.711(f) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(6)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F261Word in Annex 1 point 21.A.711(g) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(6)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The manuals, placards, listings, and instrument markings and other necessary information required by applicable certification specifications shall be presented in [F262English].
Textual Amendments
F262Word in Annex 1 point 21.A.715 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(7) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F263Words in Annex 1 point 21.A.719(b) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(8) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The holder of, or the applicant for, a permit to fly shall provide access to the aircraft concerned at the request of the [F264CAA].
Textual Amendments
F264Word in Annex 1 point 21.A.721 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(9) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
compliance with the conditions and restrictions of point 21.A.711(e) associated with the permit to fly;
the permit to fly not being surrendered or revoked;
the aircraft remaining on the same register.
Textual Amendments
F265Word in Annex 1 point 21.A.723(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(9) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Renewal of the permit to fly shall be processed as a change in accordance with point 21.A.713.
The holder of a permit to fly shall ensure that all the conditions and restrictions associated with the permit to fly are satisfied and maintained.
Textual Amendments
F266Word in Annex 1 point 21.A.729(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(10)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F267Word in Annex 1 point 21.A.729(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 207(10)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
manufacturer’s name;
product designation;
manufacturer’s Serial number;
any other information the [F268CAA] finds appropriate.
Textual Amendments
F268Word in Annex 1 point 21.A.801 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 208(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F269Word in Annex 1 point 21.A.803 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 208(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
remove, change, or place the identification information referred to in point 21.A.801(a) on any aircraft, engine, propeller, propeller blade, or propeller hub, or in point 21.A.807(a) on an APU; or
remove an identification plate referred to in point 21.A.801, or point 21.A.807 for an APU, when necessary during maintenance operations.
a name, trademark, or symbol identifying the manufacturer in a manner identified by the applicable design data; and
the part number, as defined in the applicable design data; and
Textual Amendments
F270Word in Annex 1 point 21.A.804(a)(3) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 208(3)(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F271Word in Annex 1 point 21.A.804(a)(3) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 208(3)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F272Word in Annex 1 point 21.A.804(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 208(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
In addition to the requirement of point 21.A.804, each manufacturer of a part to be fitted on a type-certificated product which has been identified as a critical part shall permanently and legibly mark that part with a part number and a serial number.
the name and address of the manufacturer;
the name, type, part number or model designation of the article;
the serial number or the date of manufacture of the article or both; and
the applicable [F274UKTSO] number.
Textual Amendments
F274Word in Annex 1 point 21.A.807(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 208(4)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F275Word in Annex 1 point 21.A.807(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 208(4)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F273Word in Annex 1 point 21.A.807 heading substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 208(4)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F277Word in Annex 1 point 21.B.5(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 210(2)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12 and S.I. 2020/1116, regs. 1(3), 10); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F278Word 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)
F279Words 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)
F280...
Textual Amendments
F280Annex 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)
F282...
Textual Amendments
F282Annex 1 point 21.B.25(a) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 210(4)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F283Word in Annex 1 point 21.B.25(b)(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 210(4)(c)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F284Words in Annex 1 point 21.B.25(b)(2) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 210(4)(c)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
All staff shall be appropriately qualified and have sufficient knowledge, experience and training to perform their allocated task.
Textual Amendments
F281Word in Annex 1 point 21.B.25 heading substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 210(4)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F285Word in Annex 1 point 21.B.30(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 210(5)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F286Annex 1 point 21.B.30(b) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 210(5)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F287Annex 1 point 21.B.35(a) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 210(6)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F288Word in Annex 1 point 21.B.35(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 210(6)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F289Word in Annex 1 point 21.B.40(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 210(7)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F290Annex 1 point 21.B.40(b) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 210(7)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F291...U.K.
Textual Amendments
F291Annex 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)
The [F292CAA] shall keep, or maintain access to, the appropriate records related to the certificates, approvals and authorisations it has granted in accordance with [F293any relevant enactment].
Textual Amendments
F292Word in Annex 1 point 21.B.55 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 210(9)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F293Words in Annex 1 point 21.B.55 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 210(9)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F294...
Textual Amendments
F294Annex 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)
The [F295CAA], 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 F296... 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
F295Word in Annex 1 point 21.B.70 substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(7)(a)(i)
F296Words 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)
The [F297CAA] 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:
the product has novel or unusual design features relative to the design practices on which the applicable certification specifications are based;
the intended use of the product is unconventional; or
experience from other similar products in service or products having similar design features or newly identified hazards have shown that unsafe conditions may develop.
Special conditions contain such safety standards as the [F297CAA] finds necessary in order to establish a level of safety equivalent to that of the applicable certification specifications.
Textual Amendments
F297Word 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)
The [F297CAA] 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:
the certification specifications for airworthiness designated by the [F297CAA] from those applicable to the product at the date of application for that certificate, unless:
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 [F297CAA] shall include in the type-certification basis any other certification specification that is directly related; or
the [F297CAA] 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
the [F297CAA] accepts or prescribes other means that:
in the case of a type-certificate, demonstrate compliance with the essential requirements of Annex II to Regulation (EU) 2018/1139; or
in the case of a restricted type-certificate, provide a level of safety adequate with regard to the intended use; and
any special condition prescribed by the [F297CAA] in accordance with point 21.B.75(a).
The [F297CAA] 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:
the certification specifications for operational suitability data designated by the [F297CAA] 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:
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 [F297CAA] shall include in the type-certification basis any other certification specification that is directly related; or
the [F297CAA] accepts or prescribes alternative means to demonstrate compliance with the relevant essential requirements of Annexes II, IV and V to Regulation (EU) 2018/1139.
any special condition prescribed by the [F297CAA] in accordance with point 21.B.75(a).]
The [F297CAA] 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:
for subsonic jet aeroplanes, in Chapters 2, 3, 4 and 14;
for propeller-driven aeroplanes in Chapters 3, 4, 5, 6, 10, and 14;
for helicopters, in Chapters 8 and 11;
for supersonic aeroplanes, in Chapter 12; and
for tilt rotors, in Chapter 13.
The [F297CAA] 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.
The [F297CAA] 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
for smoke and gaseous emissions of turbojet and turbofan engines intended for propulsion only at subsonic speeds, in Chapter 2;
for smoke and gaseous emissions of turbojet and turbofan engines intended for propulsion at supersonic speeds, in Chapter 3;and
for particulate matter emissions of turbojet and turbofan engines intended for propulsion only at subsonic speeds, in Chapter 4.
The [F297CAA] 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
for subsonic jet aeroplanes, in Chapter 2; and
for subsonic propeller-driven aeroplanes, in Chapter 2.]
The [F298CAA] 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 [F299UKTSO] 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:
novel or unusual features of the certification project, including operational, organisational and knowledge management aspects;
complexity of the design and/or demonstration of compliance;
criticality of the design or technology and the related safety and environmental risks, including those identified on similar designs; and
performance and experience of the design organisation of the applicant in the domain concerned.
For the approval of a minor repair design, minor change or [F300UKTSO] authorisation other than for APU, the [F301CAA] 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.
The [F302CAA] 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 [F302CAA] shall notify the applicant about the change in the level of involvement.
Textual Amendments
F298Word 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)
F299Word 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)(ii)
F300Word 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)
F301Word 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)(ii)
F302Word 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)
The [F303CAA] shall issue an aircraft, engine or propeller type-certificate or an aircraft restricted type-certificate, provided that:
the applicant has complied with point 21.A.21;
the [F303CAA], 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
no feature or characteristic has been identified that may make the product unsafe for the uses for which the certification is requested.
By derogation from point (a), at the applicant's request included in the declaration referred to in point 21.A.20(d), the [F303CAA] 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
F303Word in Annex 1 point 21.B.103 substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(7)(f)
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The [F304CAA] 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
F304Word in point 21.B.105 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 212 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12 and S.I. 2020/1116, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The [F305CAA] shall issue an approval of a change to a type-certificate provided that:
the applicant for an approval has complied with:
point 21.A.95 for a minor change; or
point 21.A.97 for a major change;
the [F305CAA], 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
no feature or characteristic has been identified that may make the product unsafe for the uses for which certification is requested.
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 [F305CAA] 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.
The approval of the changes to the operational suitability data shall be included in the approval of the change to the type-certificate.
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
F305Word in point 21.B.107 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 212 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12 and S.I. 2020/1116, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
[F9In this Subpart, references to type-certificates include type-certificates and restricted type-certificates.
The [F306CAA] 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
F306Word in Annex 1 s. B Subpart E substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 213 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12 and S.I. 2020/1116, regs. 1(3), 13); 2020 c. 1, Sch. 5 para. 1(1)
The [F306CAA] shall issue a supplemental type-certificate, provided that:
the applicant has complied with point 21.A.115(b);
the [F306CAA], 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
no feature or characteristic has been identified that may make the product unsafe for the uses for which certification is requested.
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 [F306CAA] 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.
The approval of the changes to the operational suitability data shall be included in the supplemental type-certificate.
The supplemental type-certificate shall be limited to the specific configuration(s) in the type-certificate to which the related major change relates.]
Textual Amendments
F307Word in Annex 1 point 21.B.120 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
evaluation of applications received;
determination of investigation team;
investigation preparation and planning;
evaluation of the documentation (manual, procedures, etc.);
auditing and inspection;
follow up of corrective actions; and
recommendation for issuance, amendment, suspension or revocation of the letter of agreement.
Textual Amendments
F308Word in Annex 1 point 21.B.125 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
for level 1 findings, immediate action shall be taken by the [F308CAA] 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;
for level 2 findings, the [F308CAA] 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 [F308CAA] can extend the 3 months period subject to a satisfactory corrective action plan provided by the organisation.
Textual Amendments
F309Word in Annex 1 point 21.B.130(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F310Word in Annex 1 point 21.B.130(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The [F311CAA] shall maintain the letter of agreement as long as:
Textual Amendments
F311Word in Annex 1 point 21.B.135 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(4)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
the manufacturer is properly using the [F312CAA] Form 52 (see Appendix VIII) as a statement of conformity for complete aircraft, and the [F312CAA] Form 1 (see Appendix I) for products other than complete aircraft, parts and appliances; and
inspections performed by the [F313CAA] before validation of the [F314CAA] Form 52 (see Appendix VIII) or the [F314CAA] 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:
the agreement covers the product, part or appliance being validated, and remains valid;
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;
production has been carried out under the conditions prescribed in the letter of agreement and satisfactorily performed;
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;
the inspections by the [F315CAA] described or addressed in the letter of agreement have been performed and found acceptable;
the statement of conformity complies with point 21.A.130, and the information provided by it does not prevent its validation; and
any termination date for the letter of agreement has not been reached.
Textual Amendments
F312Word in Annex 1 point 21.B.135(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(4)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F313Word in Annex 1 point 21.B.135(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(4)(c)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F314Word in Annex 1 point 21.B.135(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(4)(c)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F315Word in Annex 1 point 21.B.135(b)(5) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(4)(c)(iii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F316Word in Annex 1 point 21.B.140 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(5) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F317Word in Annex 1 point 21.B.145 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(5) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F318Word in Annex 1 point 21.B.150(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(6)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
the documents provided by the applicant for, or holder of, a letter of agreement;
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;
the letter of agreement, including changes; and
minutes of the meetings with the manufacturer.
Textual Amendments
F319Word in Annex 1 point 21.B.150(d) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(6)(b)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F320Word in Annex 1 point 21.B.150(d) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(6)(b)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F321Word in Annex 1 point 21.B.220 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 215(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
evaluation of applications received;
determination of production organisation approval team;
investigation preparation and planning;
evaluation of the documentation (production organisation exposition, procedures, etc.);
auditing;
follow up of corrective actions;
recommendation for issuance, amendment, suspension or revocation of production organisation approval;
continued surveillance.
Textual Amendments
F322Word in Annex 1 point 21.B.225 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 215(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
for level 1 findings, immediate action shall be taken by the [F322CAA] 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;
for level 2 findings, the [F322CAA] 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 [F322CAA] can extend the 3 months period subject to a satisfactory corrective action plan provided by the organisation.
Textual Amendments
F323Word in Annex 1 point 21.B.230(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 215(3)(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F324Word in Annex 1 point 21.B.230(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 215(3)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F325Words in Annex 1 point 21.B.230(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 215(3)(b)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F326Word in Annex 1 point 21.B.230(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 215(3)(b)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
to verify that the production organisation approval holder’s quality system complies with Section A Subpart G;
to verify that the organisation of the production organisation approval holder operates in accordance with the production organisation exposition;
to verify the effectiveness of the production organisation exposition procedures; and
to monitor by sample the standards of the product, part or appliance.
Textual Amendments
F327Word in Annex 1 point 21.B.235 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 215(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F328Word in Annex 1 point 21.B.240 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 215(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(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;
in case of a level two finding, the [F329CAA] 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.
Textual Amendments
F329Word in Annex 1 point 21.B.245 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 215(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F330Word in Annex 1 point 21.B.260 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 215(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
the documents provided by the applicant for, or holder of, a production organisation approval certificate;
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;
the continued surveillance programme, including records of investigations performed;
the production organisation approval certificate, including changes;
minutes of the meetings with the holder of the production organisation approval.
Textual Amendments
F331Word in Annex 1 point 21.B.320 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
evaluation of eligibility of the applicant;
evaluation of the eligibility of the application;
classification of airworthiness certificates;
evaluation of the documentation received with the application;
inspection of aircraft;
determination of necessary conditions, restrictions or limitations to the airworthiness certificates.
Textual Amendments
F332Word in Annex 1 point 21.B.325(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(3)(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F333Word in Annex 1 point 21.B.325(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(3)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F334Word in Annex 1 point 21.B.325(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(3)(b)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F335Word in Annex 1 point 21.B.325(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(3)(b)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F336Word in Annex 1 point 21.B.325(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(3)(c)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F337Word in Annex 1 point 21.B.325(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(3)(c)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The [F338CAA] shall issue a certificate of airworthiness for:
Textual Amendments
F338Word in Annex 1 point 21.B.326 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
new aircraft:
upon presentation of the documentation required by point 21.A.174(b)(2);
where the [F338CAA] is satisfied that the aircraft conforms to an approved design and is in a condition for safe operation; this may include inspections by the [F338CAA]; and
where the [F338CAA] 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.
used aircraft:
upon presentation of the documentation required by point 21.A.174(b)(3) demonstrating that:
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;
the applicable airworthiness directives have been complied with and;
[F81the 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.]
the aircraft was in compliance with the applicable CO 2 emissions requirements on the date on which the certificate of airworthiness was first issued;
where the [F338CAA] is satisfied that the aircraft conforms to an approved design and is in a condition for safe operation; this may include inspections by the [F338CAA] and;
where the [F338CAA] 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.]
new aircraft:
upon presentation of the documentation required by point 21.A.174(b)(2);
used aircraft:
upon presentation of the documentation required by point 21.A.174(b)(3) demonstrating that:
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
the applicable airworthiness directives have been complied with; and
[F81the 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;]
Textual Amendments
F340Word in Annex 1 point 21.B.327(a)(1)(ii) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(5)(a)(ii)(aa) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F341Word in Annex 1 point 21.B.327(a)(1)(ii) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(5)(a)(ii)(bb) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F342Word in Annex 1 point 21.B.327(a)(1)(ii) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(5)(a)(ii)(cc) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F343Word in Annex 1 point 21.B.327(a)(2)(ii) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(5)(a)(iii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F339Word in Annex 1 point 21.B.327(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(5)(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
issue and check compliance with specific airworthiness specifications ensuring adequate safety with regard to the intended use, and
specify limitations for use of this aircraft.
Textual Amendments
F344Word in Annex 1 point 21.B.327(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(5)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F345Word in Annex 1 point 21.B.330 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(6) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F346Word in Annex 1 point 21.B.345 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(6) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
the documents provided by the applicant;
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
a copy of the certificate or permit, including amendments.
Textual Amendments
F347Word in Annex 1 point 21.B.420 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 217(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
evaluation of eligibility;
evaluation of the documentation received with the application;
inspection of aircraft.
The [F348CAA] shall, as applicable, issue, or amend noise certificates ([F349CAA] 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
F348Word in Annex 1 point 21.B.425 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 217(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F349Word in Annex 1 point 21.B.425 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 217(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F350Word in Annex 1 point 21.B.430 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 217(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F351Word in Annex 1 point 21.B.445 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 217(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
the documents provided by the applicant;
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;
a copy of the certificate including amendments.
Administrative procedures established by the [F352CAA] shall apply.
Textual Amendments
F352Word in Annex 1 s. B Subpart J substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 218 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Administrative procedures established by the [F353CAA] shall apply.
Textual Amendments
F353Word in Annex 1 s. B Subpart K substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 219 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The [F354CAA] 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 [F355UKTSO] authorisation, which the [F356CAA] 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
F354Word in Annex 1 point 21.B.450 substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(8)(a)(ii)
F355Word in Annex 1 point 21.B.450 substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(8)(a)(iii)
F356Word in Annex 1 point 21.B.450 substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(8)(a)(iv)
The [F357CAA] shall issue an approval of a major repair design, provided that:
the applicant has demonstrated its capability in accordance with point 21.A.432B;
the applicant has complied with point 21.A.433;
the [F357CAA], 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
no feature or characteristic has been identified that may make the product unsafe for the uses for which certification is requested.
The [F357CAA] 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 [F357CAA], 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
F357Word in Annex 1 point 21.B.453 substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(8)(b)
The [F359CAA] shall issue an [F360UKTSO] authorisation, provided that:
Textual Amendments
F359Word in Annex 1 point 21.B.480 substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(9)(a)
F360Word in Annex 1 point 21.B.480 substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(9)(b)
the applicant has complied with point 21.A.606;
the [F361CAA], 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 [F362UKTSO] or with deviations therefrom approved in accordance with point 21.A.610, if any; and
no feature or characteristic has been identified that may make the article unsafe for the uses for which certification is requested.]
Textual Amendments
F361Word 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)
F362Word 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)(ii)
Textual Amendments
F358Words 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)
Textual Amendments
F363Word in Annex 1 point 21.B.520 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 222(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
evaluation of the eligibility of the applicant;
evaluation of the eligibility of the application;
evaluation of the documentation received with the application;
inspection of the aircraft;
approval of the flight conditions in accordance with point 21.A.710(b).
The [F364CAA] shall issue a permit to fly ([F365CAA] Form 20a, see Appendix III) without undue delay:
Textual Amendments
F364Word in Annex 1 point 21.B.525 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 222(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F365Word in Annex 1 point 21.B.525 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 222(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
upon presentation of the data required by point 21.A.707; and
when the flight conditions referred to in point 21.A.708 have been approved in accordance with point 21.A.710; and
when the [F366CAA], 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
F366Word in Annex 1 point 21.B.525(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 222(3)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F367Word in Annex 1 point 21.B.530 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 222(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F368Word in Annex 1 point 21.B.545 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 222(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
the documents provided by the applicant;
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
a copy of the permit to fly.
Administrative procedures established by the [F369CAA] shall apply.
Textual Amendments
F369Word in Annex 1 s. B Subpart Q substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 223 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F276Words 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)
When the Forms of this Annex are issued in a language other than English they shall include an English translation.
The [F371CAA] Forms referred to in the appendices to this Part shall have the following obligatory features. [F372The CAA] shall ensure that the [F373CAA Forms] they issue are recognisable and shall be responsible for having those Forms printed.
Textual Amendments
F371Word in Annex 1 Appendices substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 224(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F372Words in Annex 1 Appendices substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 224(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F373Words in Annex 1 Appendices substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 224(3)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
—
[F374CAA Form] 65 Letter of Agreement for production without production organisation approval
Textual Amendments
F374Words in Annex 1 Appendices substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 224(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F370Words in Annex 1 Appendices substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 224(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
[F14These instructions relate only to the use of the [F380CAA Form 1] for production purposes. Attention is drawn to Appendix II to Annex I (Part M) of Regulation (EC) No 2042/2003 which covers the use of the [F380CAA Form 1] for maintenance purposes.]
Textual Amendments
F380Words in Annex 1 Appendix 1 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 225(4)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F381Words in Annex 1 Appendix 1 omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 225(4)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F382...
Textual Amendments
F382Words in Annex 1 Appendix 1 omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 225(4)(d)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
‘AUTHORISED RELEASE CERTIFICATE [F383CAA FORM 1’]
Textual Amendments
F383Words in Annex 1 Appendix 1 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 225(4)(d)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Enter the unique number established by the numbering system/procedure of the organisation identified in block 4; this may include alpha/numeric characters.
Enter the full name and address of the production organisation (refer to [F384CAA Form 55] Sheet A) releasing the item(s) covered by this certificate. Logos etc. of the organisation are permitted if they can be contained within the block.
Textual Amendments
F384Words in Annex 1 Appendix 1 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 225(4)(d)(iii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
To facilitate customer traceability of the item(s), enter the work order number, contract number, invoice number, or similar reference number.
Enter line item numbers when there is more than one line item. This block permits easy cross-referencing to the Remarks in block 12.
Enter the name or description of the item. Preference should be given to the term used in the instructions for continued airworthiness or maintenance data (e.g. Illustrated Parts Catalogue, Aircraft Maintenance Manual, Service Bulletin, Component Maintenance Manual).
Enter the part number as it appears on the item or tag/packaging. In case of an engine or propeller the type designation may be used.
State the quantity of items.
If the item is required by regulation to be identified with a serial number, enter it here. Additionally, any other serial number not required by regulation may also be entered. If there is no serial number identified on the item, enter ‘N/A’.
Enter either ‘PROTOTYPE’ or ‘NEW’.
Enter ‘PROTOTYPE’ for:
the production of a new item in conformity with non-approved design data;
re-certification by the organisation identified in block 4 of the previous certificate after alteration or rectification work on an item, prior to entry into service, (e.g. after incorporation of a design change, correction of a defect, inspection or test, or renewal of shelf-life.) Details of the original release and the alteration or rectification work are to be entered in block 12.
Enter ‘NEW’ for:
the production of a new item in conformity with the approved design data;
re-certification by the organisation identified in block 4 of the previous certificate after alteration or rectification work on an item, prior to entry into service, (e.g. after incorporation of a design change, correction of a defect, inspection or test, or renewal of shelf-life.) Details of the original release and the alteration or rectification work are to be entered in block 12;
re-certification by the product manufacturer or the organisation identified in block 4 of the previous certificate of items from ‘prototype’ (conformity only to non-approved data) to ‘new’ (conformity to approved data and in a condition for safe operation), subsequent to approval of the applicable design data, provided that the design data has not changed. The following statement must be entered in block 12:
‘RE-CERTIFICATION OF ITEMS FROM “PROTOTYPE” TO “NEW”: THIS DOCUMENT CERTIFIES THE APPROVAL OF THE DESIGN DATA [INSERT TC/STC NUMBER, REVISION LEVEL], DATED [INSERT DATE IF NECESSARY FOR IDENTIFICATION OF REVISION STATUS], TO WHICH THIS ITEM (THESE ITEMS) WAS (WERE) MANUFACTURED.’
The box ‘approved design data and are in a condition for safe operation’ should be marked in block 13a;
the examination of a previously released new item prior to entry into service in accordance with a customer-specified standard or specification (details of which and of the original release are to be entered in block 12) or to establish airworthiness (an explanation of the basis of release and details of the original release are to be entered in block 12).
Describe the work identified in block 11, either directly or by reference to supporting documentation, necessary for the user or installer to determine the airworthiness of item(s) in relation to the work being certified. If necessary, a separate sheet may be used and referenced from the [F385CAA Form 1]. Each statement must clearly identify which item(s) in block 6 it relates to. If there is no statement, state ‘None’.
Textual Amendments
F385Words in Annex 1 Appendix 1 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 225(4)(d)(iv) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Enter the justification for release to non-approved design data in block 12 (e.g. pending type-certificate, for test only, pending approved data).
If printing the data from an electronic [F385CAA Form 1] any data not appropriate in other blocks should be entered in this block.
Mixtures of items released against approved and non-approved design data are not permitted on the same certificate.
This space shall be completed with the signature of the authorised person. Only persons specifically authorised under the rules and policies of the competent authority are permitted to sign this block. To aid recognition, a unique number identifying the authorised person may be added.
Enter the approval/authorisation number/reference. This number or reference is issued by the [F386CAA].
Textual Amendments
F386Word in Annex 1 Appendix 1 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 225(4)(d)(v) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Enter the name of the person signing block 13b in a legible form.
Enter the date on which block 13b is signed, the date must be in the format dd = 2 digit day, mmm = first 3 letters of the month, yyyy = 4 digit year.
Not used for production release. Shade, darken, or otherwise mark to preclude inadvertent or unauthorised use.
Place the following statement on the certificate to notify end users that they are not relieved of their responsibilities concerning installation and use of any item accompanied by the form:
‘THIS CERTIFICATE DOES NOT AUTOMATICALLY CONSTITUTE AUTHORITY TO INSTALL.
WHERE THE USER/INSTALLER PERFORMS WORK IN ACCORDANCE WITH REGULATIONS OF AN AIRWORTHINESS AUTHORITY DIFFERENT THAN THE AIRWORTHINESS AUTHORITY SPECIFIED IN BLOCK 1, IT IS ESSENTIAL THAT THE USER/INSTALLER ENSURES THAT HIS/HER AIRWORTHINESS AUTHORITY ACCEPTS ITEMS FROM THE AIRWORTHINESS AUTHORITY SPECIFIED IN BLOCK 1.
STATEMENTS IN BLOCKS 13A AND 14A DO NOT CONSTITUTE INSTALLATION CERTIFICATION. IN ALL CASES AIRCRAFT MAINTENANCE RECORDS MUST CONTAIN AN INSTALLATION CERTIFICATION ISSUED IN ACCORDANCE WITH THE NATIONAL REGULATIONS BY THE USER/INSTALLER BEFORE THE AIRCRAFT MAY BE FLOWN.’
Textual Amendments
F379Words in Annex 1 Appendix 1 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 225(4)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F375Annex 1 Appendix 1 CAA Form 1: in box 1 the word "CAA" is substituted for "Approving Competent Authority/Country" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 225(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F376Annex 1 Appendix 1 CAA Form 1: in box 2 the word "CAA Form 1" is substituted for "EASA Form 1" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 225(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F377Annex 1 Appendix 1 CAA Form 1: at the end of the form the words "CAA Form 1-21 Issue 1" are substituted for "EASA Form 1-21 Issue 2" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 225(3)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F378Words in Annex 1 Appendix 1 heading substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 225(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
[F388UNITED KINGDOM]U.K.
Textual Amendments
F388Words in Annex 1 Appendix 2 CAA Form 15a substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 226(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F389...
Textual Amendments
F389Words in Annex 1 Appendix 2 CAA Form 15a omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 226(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
AIRWORTHINESS REVIEW CERTIFICATE (ARC)
ARC reference: ...................................
Pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council the [F390CIVIL AVIATION AUTHORITY] hereby certifies that the following aircraft:
Textual Amendments
F390Words in Annex 1 Appendix 2 CAA Form 15a substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 226(3)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Aircraft manufacturer:…
Manufacturer’s designation: …
Aircraft registration:…
Aircraft serial number:…
is considered airworthy at the time of the review.
Date of issue:… | Date of expiry: … |
Airframe flight hours (FH) at date of issue (**):…
Signed: …. | Authorisation No: … |
1st extension: The aircraft has remained in a controlled environment in accordance with point M.A.901 of Annex I (Part-M) to Commission Regulation (EU) No 1321/2014 for the last year. The aircraft is considered to be airworthy at the time of the issuance of this certificate.
Date of issue: … | Date of expiry: … |
Airframe flight hours (FH) at date of issue (**):…
Signed: … | Authorisation No: … |
Company name: … | Approval reference: … |
2nd extension: The aircraft has remained in a controlled environment in accordance with point M.A.901 of Annex I (Part-M) to Commission Regulation (EU) No 1321/2014 for the last year. The aircraft is considered to be airworthy at the time of the issuance of the certificate.
Date of issue:… | Date of expiry:… |
Airframe flight hours (FH) at date of issue (**):…
Signed: … | Authorisation No: … |
Company name: … | Approval reference: … |
[F391 CAA Form 15a – Issue 1]U.K.
Textual Amendments
F391Words in Annex 1 Appendix 2 CAA Form 15a substituted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 226(3)(d)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F392...U.K.
Textual Amendments
F392Words in Annex 1 Appendix 2 CAA Form 15a omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 226(3)(d)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F387Words in Annex 1 Appendix 2 heading substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 226(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F393Annex 1 Appendix 2 Form 15c substituted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 8
Textual Amendments
F394Annex 1 Appendix 3: the words "CAA logo" are substituted for "Competent authority logo" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 227(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F395 Annex 1 Appendix 3: the words "in the United Kingdom" are substituted for "in all Member States" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 227(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F396 Annex 1 Appendix 3: the word "other" is substituted for "non-Member" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 227(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F397Annex 1 Appendix 3: the words "CAA representative" are substituted for "competent authority representative" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 227(d) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F398 Annex 1 Appendix 3: the words "CAA Form 20a" are substituted for "EASA Form 20a" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 227(e) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F399 Annex 1 Appendix 4: in the first box the words "United Kingdom" are substituted for the words from "Member State of the Competent Authority" to "issued by EASA" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 228(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F400 Annex 1 Appendix 4: the words "in the United Kingdom" are substituted for "in all Member States" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 228(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F401 Annex 1 Appendix 4: the word "other" is substituted for "non-Member" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 228(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F402 Annex 1 Appendix 4: the words "CAA Form 20b" are substituted for "EASA Form 20b" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 228(d) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F403 Annex 1 Appendix 5: the words "CAA logo" are substituted for "Competent Authority logo" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 229(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F404 Annex 1 Appendix 5: the words "United Kingdom" are substituted for "[Member State of registry]" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 229(4)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F405 Annex 1 Appendix 5: the words "Civil Aviation Authority" are substituted for "[competent authority of the Member State]" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 229(4)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F406 Annex 1 Appendix 5: in box 6 the word "CAA" is substituted for "competent authority of the Member State of registry" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 229(4)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F407 Annex 1 Appendix 5: the words "CAA Form 24 Issue 1" are substituted for "EASA Form 24 Issue 2" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 229(4)(d) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F408Words in Annex 1 Appendix 5 heading substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 229(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F409 Annex 1 Appendix 6: the words "CAA logo" are substituted for "Competent Authority logo" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 230(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F410 Annex 1 Appendix 6: the words "United Kingdom" are substituted for "[Member State of registry]" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 230(4)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F411 Annex 1 Appendix 6: the words "Civil Aviation Authority" are substituted for "[competent authority of the Member State]" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 230(4)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F412 Annex 1 Appendix 6: in box 6 the word "CAA" is substituted for "competent authority of the Member State of registry" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 230(4)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F413 Annex 1 Appendix 6: the words "CAA Form 25 Issue 1" are substituted for "EASA Form 25 Issue 2" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 230(4)(d) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F414Words in Annex 1 Appendix 6 heading substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 230(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F415 Annex 1 Appendix 7: the words "CAA Form 45" are substituted for "EASA Form 45" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 231 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F416Annex 1 Appendix 8 CAA Form 52 substituted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 9
Textual Amendments
F417Annex 1 Appendix 9 CAA Form 53: the words "CAA Form 53" are substituted for "EASA Form 53" (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 233(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The Block BRIEF DESCRIPTION OF WORK PERFORMED appearing in [F418CAA FORM 53] should include reference to the approved data used to perform the work.
The Block LOCATION appearing in [F418CAA FORM 53] refers to the location where the maintenance has been performed, not to the location of the facilities of the organisation (if different).
Textual Amendments
F418Words in Annex 1 Appendix 9 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 233(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F419Annex 1 Appendix 10 CAA Form 55 substituted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 10
Textual Amendments
F420Annex 1 Appendix 11 CAA Form 65 substituted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 11
This Appendix establishes the qualifications necessary for flight crew involved in the conduct of flight tests for aircraft certified or to be certified in accordance with CS-23 for aircraft with a maximum take-off mass (MTOM) of or above 2 000 kg, CS-25, CS-27, CS-29 or equivalent airworthiness codes.
‘ Flight test engineer ’ means any engineer involved in flight test operations either on the ground or in flight.
‘ Lead flight test engineer ’ means a flight test engineer assigned for duties in an aircraft for the purpose of conducting flight tests or assisting the pilot in the operation of the aircraft and its systems during flight test activities.
‘ Flight tests ’ mean:
flights for the development phase of a new design (aircraft, propulsion systems, parts and appliances);
flights to demonstrate compliance to certification basis or conformity to type design;
flights intended to experiment new design concepts, requiring unconventional manoeuvres or profiles for which it could be possible to exit the already approved envelope of the aircraft;
flight test training flights.
The descriptions below address the flights performed by design and production organisations under Annex I (Part 21).
If more than one aircraft is involved in a test, each individual aircraft flight shall be assessed under this Appendix to determine if it is a flight test and when appropriate, its category.
The flights referred to in point (6)(B)(3) are the only flights that belong to the scope of this Appendix.
Flights tests include the following four categories:
Category One (1)
Initial flight(s) of a new type of aircraft or of an aircraft of which flight or handling characteristics may have been significantly modified;
Flights during which it can be envisaged to potentially encounter flight characteristics significantly different from those already known;
Flights to investigate novel or unusual aircraft design features or techniques;
Flights to determine or expand the flight envelope;
Flights to determine the regulatory performances, flight characteristics and handling qualities when flight envelope limits are approached;
Flight test training for Category 1 flight tests.
Category Two (2)
Flights not classified as Category 1 on an aircraft whose type is not yet certified;
Flights not classified Category 1 on an aircraft of an already certified type, after embodiment of a not yet approved modification and which:
require an assessment of the general behaviour of the aircraft; or
require an assessment of basic crew procedures, when a new or modified system is operating or is needed; or
are required to intentionally fly outside of the limitations of the currently approved operational envelope, but within the investigated flight envelope;
Flight test training for Category 2 flight tests.
Category Three (3)
Flights performed for the issuance of statement of conformity for a new-built aircraft which do not require flying outside of the limitations of the type certificate or the aircraft flight manual.
Category Four (4)
Flights not classified as Category 1 or 2 on an aircraft of an already certified type, in case of an embodiment of a not yet approved design change.
Pilots and lead flight test engineers shall have the competences and experience specified in the following table.
Categories of flight tests | ||||
---|---|---|---|---|
Aircraft | 1 | 2 | 3 | 4 |
CS-23 commuter or aircraft having a design diving speed (Md) above 0,6 or a maximum ceiling above 7 260 m ( 25 000 ft), CS-25, CS-27, CS-29 or equivalent airworthiness codes | Competence level 1 | Competence level 2 | Competence level 3 | Competence level 4 |
Other CS-23 with an MTOM of or above 2 000 kg | Competence level 2 | Competence level 2 | Competence level 3 | Competence level 4 |
satisfactorily completed a Competence level 1 training course; and
a minimum of 100 hours of flight experience, including flight test training.
satisfactorily completed a Competence level 1 or level 2 training course; and
a minimum of 50 hours of flight experience, including flight test training.
The competence level 1 or level 2 training courses for Lead flight test engineer shall cover at least the following subjects:
Performance;
Stability and control/handling qualities;
Systems;
Test management; and
Risk/safety management.
hold a flight test rating; or
have at least 1 000 hours of flight experience as pilot-in-command on aircraft having similar complexity and characteristics; and
have participated, for each class or type of aircraft, in all flights that are part of the programme leading to the issuance of the individual certificate of airworthiness of at least five aircraft.
satisfy Competence level 1 or level 2; or
have gained a significant amount of flight experience relevant to the task; and
have participated in all flights that are part of the programme leading to the issuance of the individual certificate of airworthiness of at least five aircraft.
Lead flight test engineers shall receive an authorisation from the organisation that employs them detailing the scope of their functions within the organisation. The authorisation shall contain the following information:
name;
date of birth;
experience and training;
position in organisation;
scope of the authorisation;
date of first issue of the authorisation;
date of expiry of the authorisation, if appropriate; and
identification number of the authorisation.
Lead flight test engineers shall only be appointed for a specific flight if they are physically and mentally fit to safely discharge assigned duties and responsibilities.
The organisation shall make all relevant records related to authorisations available to their holders.]
Other flight test engineers on board the aircraft shall have an amount of experience and training commensurate with the tasks assigned to them as crew members, and in accordance with the flight test operations manual, when applicable.
The organisation shall make all relevant records related to their flight activities available to the relevant flight test engineer.]
Commission Regulation (EC) No 1702/2003 | (OJ L 243, 27.9.2003, p. 6). |
Commission Regulation (EC) No 381/2005 | (OJ L 61, 8.3.2005, p. 3). |
Commission Regulation (EC) No 706/2006 | (OJ L 122, 9.5.2006, p. 16). |
Commission Regulation (EC) No 335/2007 | (OJ L 88, 29.3.2007, p. 40). |
Commission Regulation (EC) No 375/2007 | (OJ L 94, 4.4.2007, p. 3). |
Commission Regulation (EC) No 287/2008 | (OJ L 087, 29.3.2008, p. 3). |
Commission Regulation (EC) No 1057/2008 | (OJ L 283, 28.10.2008, p. 30). |
Commission Regulation (EC) No 1194/2009 | (OJ L 321, 8.12.2009, p. 5). |
Regulation (EC) No 1702/2003 | This Regulation |
---|---|
Article 1(1) | Article 1(1) |
Article 1(2) | Article 1(2), points (a) to (h) |
— | Article 1(2), points (i) and (j) |
Article 2(1) and (2) | Article 2(1) and (2) |
Article 2(3) | — |
Article 2a(1), introductory wording | Article 3(1), introductory wording |
Article 2a(1), points (a) and (b) | Article 3(1), points (a) and (b) |
Article 2a(1), points (c) and (d) | — |
Article 2a(2) to (5) | Article 3(2) to (5) |
Article 2b | Article 4 |
Article 2c(1) | Article 5 |
Article 2c(2) and (3) | — |
Article 2d | Article 6 |
Article 2e, first paragraph | Article 7 |
Article 2e, second paragraph | — |
Article 3(1), (2) and the first sentence of point 3 | Article 8(1), (2) and (3) |
Article 3(3) second sentence, (4) and (5) | — |
Article 3(6) | — |
Article 4(1), (2) and the first sentence of point 3 | Article 9(1), (2) and (3) |
Article 4(3) second sentence, (4), (5) and (6) | — |
— | Article 10 |
— | Article 11 |
Article 5(1) | Article 12 |
Article 5(2) to (5) | — |
Annex | Annex I |
— | Annex II |
— | Annex III |
See Annex II.
[F10Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 ( OJ L 212, 22.8.2018, p. 1 ).]
[F9 [F81Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks ( OJ L 362, 17.12.2014, p. 1 ).] ]
[F123 [F123Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council ( OJ L 311, 25.11.2011, p. 1 ).] ]
Textual Amendments
F9Substituted 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).
F10Inserted 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).
F81Substituted by Commission Delegated Regulation (EU) 2020/570 of 28 January 2020 amending and correcting Regulation (EU) No 748/2012 as regards the alignment of rules for continuing airworthiness of aircraft and aeronautical products, parts and appliances with Regulation (EU) No 1321/2014 (Text with EEA relevance).
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