- Latest available (Revised)
- Point in Time (23/06/2019)
- Original (As adopted by EU)
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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Version Superseded: 23/03/2020
Point in time view as at 23/06/2019.
There are outstanding changes not yet made to Commission Regulation (EU) No 748/2012. Any changes that have already been made to the legislation appear in the content and are referenced with annotations.
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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, European Technical Standard Order (ETSO) 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, ETSO 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.
The holder of a type-certificate, restricted type-certificate, supplemental type-certificate, ETSO authorisation, major repair design approval or any other relevant approval deemed to have been issued under this Regulation shall report to the Agency 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, ETSO 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 Agency, 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.
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, ETSO 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 Agency the results of its investigation and any action it is taking or proposes to take to correct that deficiency.
If the Agency 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, ETSO 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 Agency.
an unsafe condition has been determined by the Agency 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.
propose the appropriate corrective action or required inspections, or both, and submit details of these proposals to the Agency for approval;
following the approval by the Agency 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.
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, ETSO authorisation, approval of a change to type-certificate or approval of a repair design, shall collaborate with the production organisation as necessary to ensure:
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.]
Textual Amendments
F1 Substituted by Commission Regulation (EU) No 69/2014 of 27 January 2014 amending Regulation (EU) No 748/2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (Text with EEA relevance).
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.
an ELA2 aircraft;
an engine or propeller installed in ELA2 aircraft;
a piston engine;
a fixed or adjustable pitch propeller.
an ELA1 aircraft;
an engine or propeller installed in an ELA1 aircraft.
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 simulator(s) associated to the pilot type rating training, or 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; and
other type-related operational suitability elements.]
Textual Amendments
F2 Inserted 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).
The Agency shall issue in accordance with Article 19 of Regulation (EC) No 216/2008 certification specifications, including certification specifications for operational suitability data, as standard means to demonstrate compliance of products, parts and appliances with the relevant essential requirements of Annex I, III and IV to Regulation (EC) No 216/2008. Such specifications shall be sufficiently detailed and specific to indicate to applicants the conditions under which certificates will be issued, amended or supplemented.]
The Agency shall prescribe special detailed technical specifications, named special conditions, for a product if the related certification specifications do not contain adequate or appropriate safety standards for the product, because:
the product has novel or unusual design features relative to the design practices on which the applicable certification specifications are based; or
the intended use of the product is unconventional; or
experience from other similar products in service or products having similar design features, has shown that unsafe conditions may develop.
The special conditions shall contain such safety standards as the Agency finds necessary to establish a level of safety equivalent to that established in the applicable certification specifications.]
[F1the applicable certification specifications established by the Agency that are effective on the date of application for that certificate unless:
otherwise specified by the Agency; or
compliance with certification specifications of later effective amendments is chosen by the applicant or required under points (c) and (d);]
any special condition prescribed in accordance with point 21.A.16B(a).
file a new application for a type-certificate and comply with all the provisions of point (a) applicable to an original application; or
[F1file for an extension of the original application and comply with the applicable certification specifications that were effective on a date, to be selected by the applicant, not earlier than the date which precedes the date of issue of the type-certificate by the time limit established under point (b) for the original application.]
The Agency shall notify to the applicant the operational suitability data certification basis. It shall consist of:
the applicable certification specifications for operational suitability data issued in accordance with point 21.A.16A that are effective on the date of application or application supplement, unless:
the Agency accepts other means to demonstrate compliance with the relevant essential requirements of Annexes I, III and IV to Regulation (EC) No 216/2008; or
compliance with certification specifications of later effective amendments is chosen by the applicant;
any special condition prescribed in accordance with point 21.A.16B(a).
If an applicant chooses to comply with an amendment to the certification specifications that is effective after the filing of the application for a type-certificate, the applicant shall also comply with any other certification specification that the Agency finds is directly related.]
for subsonic jet aeroplanes, in Volume I, Part II, Chapters 2, 3, 4 and 14, as applicable;
for propeller-driven aeroplanes, in Volume I, Part II, Chapters 3, 4, 5, 6, 10 and 14, as applicable;
for helicopters, in Volume I, Part II, Chapters 8 and 11, as applicable;
for supersonic aeroplanes, in Volume I, Part II, Chapter 12, as applicable; and
for tilt-rotors, in Volume I, Part II, Chapter 13, as applicable.]
Textual Amendments
for prevention of intentional fuel venting, in Volume II, Part II, Chapter 2;
for emissions of turbo-jet and turbofan engines intended for propulsion only at subsonic speeds, in Volume II, Part III, Chapter 2; and
for emissions of turbo-jet and turbofan engines intended for propulsion only at supersonic speeds, in Volume II, Part III, Chapter 3.
Any natural or legal person proposing to change a product shall apply for a new type-certificate if the Agency 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.
The applicant shall be entitled to have a product type-certificate issued by the Agency after:
demonstrating its capability in accordance with point 21.A.14;
submitting the declaration referred to in point 21.A.20(d); and
it is shown that:
[F1the product to be certificated meets the applicable type-certification basis and environmental protection requirements designated in accordance with point 21.A.17A and 21.A.18;]
any airworthiness provisions not complied with are compensated for by factors that provide an equivalent level of safety;
no feature or characteristic makes it unsafe for the uses for which certification is requested; and
the type-certificate applicant has expressly stated that it is prepared to comply with point 21.A.44.
In the case of an aircraft type-certificate, the engine or propeller, or both, if installed in the aircraft, have a type-certificate issued or determined in accordance with this Regulation[F1;]
[F2In the case of an aircraft type-certificate, it is demonstrated that the operational suitability data meets the applicable operational suitability data certification basis designated in accordance with 21.A.17B;
By derogation from point (e), and at the request of the applicant included in the declaration referred to in point 21.A.20(d), an aircraft type-certificate may be issued before compliance with the applicable operational suitability data certification basis has been demonstrated, subject to the applicant demonstrating compliance with the operational suitability data certification basis before the operational suitability data must actually be used.]
For an aircraft that does not meet the provisions of point 21.A.21(c), the applicant shall be entitled to have a restricted type-certificate issued by the Agency after:
complying with the appropriate type-certification basis established by the Agency ensuring adequate safety with regard to the intended use of the aircraft, and with the applicable environmental protection requirements;
expressly stating that it is prepared to comply with point 21.A.44;
in the case of an aircraft restricted type-certificate, it is demonstrated that the operational suitability data meets the applicable operational suitability data certification basis designated in accordance with point 21.A.17B.
By derogation from point 3 of point (a), and at the request of the applicant included in the declaration referred to in point 21.A.20(d), a restricted type-certificate may be issued before compliance with the applicable operational suitability data certification basis has been demonstrated, subject to the applicant demonstrating compliance with the operational suitability data certification basis before the operational suitability data must actually be used.
The engine or propeller installed in the aircraft, or both, shall:
have a type-certificate issued or determined in accordance with this Regulation; or
have been shown to be in compliance with the certification specifications necessary to ensure safe flight of the aircraft.]
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;
[F1an approved airworthiness limitations section of the instructions for continued airworthiness as defined by the applicable certification specifications; and]
[F4any other data allowing by comparison the determination of the airworthiness and, if relevant, the environmental characteristics of later products of the same type.]
Textual Amendments
for the test specimen:
that materials and processes adequately conform to the specifications for the proposed type design;
that parts of the products adequately conform to the drawings in the proposed type design;
that the manufacturing processes, construction and assembly adequately conform to those specified in the proposed type design; and
that the test equipment and all measuring equipment used for tests are adequate for the test and are appropriately calibrated.
the applicant shall submit to the Agency a statement of compliance with point (b); and
no change relating to the test that would affect the statement of compliance may be made to a product, part or appliance between the time compliance with point (b) is shown and the time it is presented to the Agency for test.
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 Agency 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.]
Each holder of a type-certificate or restricted type-certificate shall:
[F1undertake the obligations laid down in points 21.A.3A, 21.A.3B, 21.A.4, 21.A.55, 21.A.57, 21.A.61 and 21.A.62; and, for this purpose, shall continue to meet the qualification requirements for eligibility under point 21.A.14; and]
specify the marking in accordance with Subpart Q.
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 Agency.
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 Agency 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.]
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 Agency.]
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 EU operators of the aircraft, before the operational suitability data must be used by a training organisation or an EU operator; and
any change to the operational suitability data to all known EU operators of the aircraft; and
on request, the relevant data referred to in points (a) and (b) above, to:
the competent authority responsible for verifying conformity with one or more elements of this set of operational suitability data; and
any person required to comply with one or more elements of this set of operational suitability data.]
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 Agency, containing acceptable methods, techniques and practices for carrying out and identifying standard changes, including the associated instructions for continuing airworthiness; and
that are not in conflict with TC holders data.]
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 Agency and shall include:
A description of the change identifying:
all parts of the type design and the approved manuals affected by the change; and
the certification specifications and environmental protection requirements with which the change has been designed to comply in accordance with point 21.A.101.
Identification of any re-investigations necessary to show compliance of the changed product with the applicable certification specifications and environmental protection requirements.
When the change affects the operational suitability data, the application shall include, or be supplemented after the initial application to include the necessary changes to the operational suitability data.]
Minor changes to a type-certificate shall be classified and approved either:
by the Agency; or
by an appropriately approved design organisation under a procedure agreed with the Agency.]
submit to the Agency substantiating data together with any necessary descriptive data for inclusion in the type design;
demonstrate that the changed product complies with applicable certification specifications and environmental protection requirements, as specified in point 21.A.101;
comply with points 21.A.20(b), (c) and (d); and
where the applicant holds an appropriate design organisation approval, make the declaration referred to in point 21.A.20(d) according to the provisions of Subpart J;
comply with point 21.A.33 and, where applicable, point 21.A.35.
An applicant for a change to a type-certificate shall demonstrate that the changed product complies with the certification specifications that are applicable to the changed product and that are in effect at the date of the application for the change, unless compliance with certification specifications of later effective amendments is chosen by the applicant or required under points (e) and (f), and with the applicable environmental protection requirements laid down in point 21.A.18.
By derogation from point (a), an applicant may show that the changed product complies with an earlier amendment of the certification specifications referred to in point (a), and of any other certification specification the Agency finds is directly related. However, the earlier amended certification specifications shall not precede the corresponding certification specifications incorporated by reference in the type-certificate. The applicant may show compliance with an earlier amendment of the certification specifications for any of the following:
A change that the Agency finds not to be significant. In determining whether a specific change is significant, the Agency considers the change in context with all previous relevant design changes and all related revisions to the applicable certification specifications incorporated in the type-certificate for the product. Changes that meet one of the following criteria are automatically 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 Agency finds is not affected by the change.
Each area, system, part or appliance that is affected by the change, for which the Agency finds that compliance with the certification specifications referred to in point (a) would not contribute materially to the level of safety of the changed product or would be impractical.
An applicant for a change to an aircraft (other than a rotorcraft) of 2 722 kg ( 6 000 lbs) or less maximum weight or to a non-turbine rotorcraft of 1 361 kg ( 3 000 lbs) or less maximum weight may show that the changed product complies with the type-certification basis incorporated by reference in the type-certificate. However, if the Agency finds that the change is significant in an area, the Agency may designate compliance with an amendment to the type-certification basis incorporated by reference in the type-certificate in effect at the date of the application and any certification specification that the Agency finds is directly related, unless the Agency also finds that compliance with that amendment or certification specification would not contribute materially to the level of safety of the changed product or would be impractical.
If the Agency finds that the certification specifications in effect at the date of the application for the change do not provide adequate standards with respect to the proposed change, the applicant shall also comply with any special conditions, and amendments to those special conditions, prescribed under the provisions of point 21.A.16B, to provide a level of safety equivalent to that established in the certification specifications in effect at the date of the application for the change.
An application for a change to a type-certificate for large aeroplanes and large rotorcraft is effective for five years, and an application for a change to any other type-certificate is effective for three years. In a case where the change has not been approved, or it is clear that it will not be approved under the time limit established under this point, the applicant may:
file a new application for a change to the type-certificate and comply with all the provisions of point (a) applicable to an original application for a change; or
file for an extension of the original application and comply with the provisions of point (a) for an effective date of application, to be selected by the applicant, not earlier than the date which precedes the date of approval of the change by the time period established under this point for the original application for the change.
If an applicant chooses to comply with a certification specification of an amendment to the certification specifications that is effective after the filing of the application for a change to a type, the applicant shall also comply with any other certification specification that the Agency finds 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 designated in accordance with points (a), (b), (c), (d) and (f) above.]
The applicant shall be entitled to have a major change to a type-certificate approved by the Agency after:
submitting the declaration referred to in point 21.A.20(d); and
it is demonstrated that:
the changed product meets the applicable certification specifications and environmental protection requirements, as specified in point 21.A.101;
any airworthiness provisions not complied with are compensated for by factors that provide an equivalent level of safety; and
no feature or characteristic makes the product unsafe for the uses for which certification is requested.
in the case of a change affecting the operational suitability data, it is demonstrated that the necessary changes to the operational suitability data meet the applicable operational suitability data certification basis designated in accordance with point 21.A.101(g);
by derogation from point 3, and at the request of the applicant 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 applicable operational suitability data certification basis has been demonstrated, subject to the applicant demonstrating compliance with the operational suitability data certification basis before the operational suitability data must actually be used.
A minor change to a type-certificate shall only be approved in accordance with point 21.A.95 if it is shown that the changed product meets the applicable certification specifications, as specified in point 21.A.101.]
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 Agency 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.]
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 EU operators of the changed aircraft, before the operational suitability data must be used by a training organisation or an EU operator; and
any further change to the affected operational suitability data, to all known EU operators of the changed aircraft; and
on request, the relevant parts of the changes in points (a) and (b) above, to:
the competent authority responsible for verifying conformity with one or more elements of the affected operational suitability data; and
any person required to comply with one or more elements of this set of operational suitability data.]
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 EPA (European Part Approval) letters, in accordance with point 21.A.804(a).]
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.]
Any natural or legal person (‘organisation’) that has demonstrated, or is in the process of demonstrating, its capability under point 21.A.112B shall be eligible as an applicant for a supplemental type-certificate under the conditions laid down in this Subpart.
Any applicant for a supplemental type-certificate shall comply with point 21.A.97.
The applicant shall be entitled to have a supplemental type-certificate issued by the Agency after:
submitting the declaration referred to in point 21.A.20(d); and
it is demonstrated that:
the changed product meets the applicable certification specifications and environmental protection requirements, as specified in point 21.A.101;
any airworthiness provisions not complied with are compensated for by factors that provide an equivalent level of safety; and
no feature or characteristic makes the product unsafe for the uses for which certification is requested.
demonstrating its capability in accordance with point 21.A.112B;
where, under point 21.A.113(b), the applicant has entered into an arrangement with the type-certificate holder,
the type-certificate holder has advised 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.
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 Agency agreement for the use of procedures setting out its activities to undertake these obligations.
Each holder of a supplemental type-certificate shall:
[F1undertake 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 EPA letters, in accordance with point 21.A.804(a).
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 Agency.
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 Agency on request.]
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 EU operators of the changed aircraft, before the operational suitability data must be used by a training organisation or an EU operator; and
any further change to the affected operational suitability data, to all known EU operators of the changed aircraft; and
on request, the relevant parts of the changes in points (a) and (b) above, to:
the competent authority responsible for verifying conformity with one or more elements of the affected operational suitability data; and
any person required to comply with one or more elements of this set of operational suitability data.]
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.
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 competent authority agreeing to the showing of conformity of individual products, parts and appliances under this Subpart, after:
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 competent authority 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 competent authority 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 competent authority may extend the three months period subject to the provision of a satisfactory corrective action plan agreed by the competent authority;
a level three finding shall not require immediate action by the holder of the letter of agreement.
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.
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 competent authority;
design changes, including material substitutions, have been approved under Subpart D or E and controlled before being incorporated in the finished product.
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 competent authority;
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 Agency and the competent authority of the Member State the deviations which could lead to an unsafe condition identified according to point (1). Such reports shall be made in a form and manner established by the Agency under point 21.A.3A(b)(2) or accepted by the competent authority of the Member State;
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.
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 competent authority.
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 competent authority 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.
An organisation shall be entitled to have a production organisation approval issued by the competent authority when it has demonstrated compliance with the applicable requirements under this Subpart.
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 competent authority 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 competent authority 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 competent authority;
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)[F5;]
[F6if 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
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;
[F4with regard to all necessary airworthiness and environmental data:
the production organisation is in receipt of such data from the Agency, 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 competent authority. 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.
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 competent authority. An application for a change to the terms of approval shall be made in a form and manner established by the competent authority. The applicant shall comply with the applicable requirements of this Subpart.
A production organisation shall make arrangements that allow the competent authority to make any investigations, including investigations of partners and subcontractors, necessary to determine compliance and continued compliance with the applicable requirements of this Subpart.
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 competent authority 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 competent authority 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 competent authority may extend the three months period subject to the provision of a satisfactory corrective action plan agreed by the competent authority;
a level three finding shall not require immediate action by the holder of the production organisation approval.
the production organisation fails to demonstrate compliance with the applicable requirements of this Subpart; or
the competent authority 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.
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 (EASA 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 (EASA Form 1) without further showing;
maintain a new aircraft that it has produced and issue a certificate of release to service (EASA Form 53) in respect of that maintenance;
under procedures agreed with its competent authority 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).
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 competent authority; or
[F7determine 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 EASA Form 1 to certify conformity to approved design data and condition for safe operation;
additionally, in the case of engines, determine that the completed engine is in compliance with the applicable emissions requirements on the date of manufacture of the engine;
determine that other products, parts or appliances conform to the applicable data before issuing an EASA 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 Agency and the competent authority of the Member State the deviations which could lead to an unsafe condition identified according to point (1). Such reports shall be made in a form and manner established by the Agency under point 21.A.3A(b)(2) or accepted by the competent authority of the Member State;
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 competent authority 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
F7 Substituted 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).
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 a Member State (‘Member State of registry’), or its representative, shall be eligible as an applicant for an airworthiness certificate for that aircraft under this Subpart.
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 Agency to comply with specific airworthiness specifications ensuring adequate safety.
the class of airworthiness certificate applied for;
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 Agency;
a weight and balance report with a loading schedule and;
the flight manual, when required by the applicable certification specifications for the particular aircraft.
with regard to used aircraft:
originating from a Member State, an airworthiness review certificate issued in accordance with Part-M;
originating from a non-Member State:
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 material is required by the applicable airworthiness code for the particular aircraft;
historical records to establish the production, modification, and maintenance standard of the aircraft, including all limitations associated with a restricted certificate of airworthiness under point 21.B.327;
a recommendation for the issue of a certificate of airworthiness or restricted certificate of airworthiness and an airworthiness review certificate following an airworthiness review in accordance with Part-M; and
the date on which the first certificate of airworthiness was issued and, if the standards of Annex 16 Volume III apply, the CO 2 metric value data.]
The manuals, placards, listings, and instrument markings and other necessary information required by applicable certification specifications shall be presented in one or more of the official language(s) of the European Union acceptable to the competent authority of the Member State of registry.
An airworthiness certificate may be amended or modified only by the competent authority of the Member State of registry.
if it remains on the same register, the certificate of airworthiness, or the restricted certificate of airworthiness conforming to a restricted type-certificate only, shall be transferred together with the aircraft;
if the aircraft is registered in another Member State, the certificate of airworthiness, or the restricted certificate of airworthiness conforming to a restricted type-certificate only, shall be issued:
upon presentation of the former certificate of airworthiness and of a valid airworthiness review certificate issued under Part M; and
when satisfying point 21.A.175.
The holder of the airworthiness certificate shall provide access to the aircraft for which that airworthiness certificate has been issued upon request by the competent authority of the Member State of registry.
compliance with the applicable type-design 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.330.
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 a Member State (Member State of registry), or its representative, shall be eligible as an applicant for a noise certificate for that aircraft under this Subpart.
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 Agency; 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.
A noise certificate may be amended or modified only by the competent authority of the Member State of registry.
Where ownership of an aircraft has changed:
if the aircraft remains on the same register, the noise certificate shall be transferred together with the aircraft; or
if the aircraft moves to the register of another Member State, the noise certificate shall be issued upon presentation of the former noise certificate.
The holder of the noise certificate shall provide access to the aircraft for which that noise certificate has been issued upon request by the competent authority of the Member State of registry or by the Agency for inspection.
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.
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.
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 Agency 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.
An organisation shall be entitled to have a design organisation approval issued by the Agency when it has demonstrated compliance with the applicable requirements under this Subpart.
[F1to 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.
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.]
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 Agency. An application for approval shall be submitted in writing to the Agency and the design organisation shall demonstrate to the Agency, 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.]
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 European Technical Standard Order (ETSO) 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.]
Each change to the terms of approval shall be approved by the Agency. An application for a change to the terms of approval shall be made in a form and manner established by the Agency. The design organisation shall comply with the applicable requirements of this Subpart.
a level one finding is any non-compliance with this Annex I (Part 21) which could lead to uncontrolled non-compliances with applicable requirements 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 design organisation approval shall demonstrate corrective action to the satisfaction of the Agency 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 Agency 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 Agency may extend the three months period subject to the provision of a satisfactory corrective action plan agreed by the Agency;
a level three finding shall not require immediate action by the holder of the design organisation approval.
the design organisation fails to demonstrate compliance with the applicable requirements of this Subpart; or
the Agency 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 Agency.
(Reserved)
(Reserved)
A holder of a design organisation approval shall be entitled, within the scope of its terms of approval, as established by the Agency, 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.]
The holder of a design organisation approval shall:
maintain the handbook in conformity with the design assurance system;
ensure that this handbook is used as a basic working document within the organisation;
determine that the design of products, or changes or repairs thereof, as applicable, comply with applicable requirements and have no unsafe feature;
except for minor changes or repairs approved under the privilege of point 21.A.263, provide to the Agency statements and associated documentation confirming compliance with point (c);
provide to the Agency information or instructions related to required actions under point 21.A.3B;
where applicable, under the privilege of point 21.A.263(c)(6), determine the conditions under which a permit to fly can be issued;
where applicable, under the privilege of point 21.A.263(c)(7), establish compliance with points 21.A.711(b) and (e) before issuing a permit to fly to an aircraft.
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 ETSO authorisation procedures of Subpart O; or
in the case of standard parts, in accordance with officially recognised Standards.
In all cases where the approval of a part or appliance is explicitly required by Union law or Agency measures, the part or appliance shall comply with the applicable ETSO or with the specifications recognised as equivalent by the Agency in the particular case.
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 (EASA 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.
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 Agency, containing acceptable methods, techniques and practices for carrying out and identifying standard repairs, including the associated instructions for continuing airworthiness; and
that are not in conflict with TC holders data.
demonstrate compliance with the type-certification basis and environmental protection requirements incorporated by reference in the type-certificate or supplemental type-certificate or APU ETSO authorisation, as applicable, or those in effect on the date of application (for repair design approval), plus any amendments to those certification specifications or special conditions the Agency finds necessary to establish a level of safety equal to that established by the type-certification basis incorporated by reference in the type-certificate, supplemental type-certificate or APU ETSO authorisation;
submit all necessary substantiation data, when requested by the Agency;
declare compliance with the certification specifications and environmental protection requirements of point (a)(1).
by the Agency; or
by an appropriately approved design organisation under a procedure agreed with the Agency.
When it has been declared and has been shown that the repair design meets the applicable certification specifications and environmental protection requirements of point 21.A.433(a)(1), it shall be approved:
by the Agency; or
by an appropriately approved organisation that is also the type-certificate, the supplemental type-certificate or APU ETSO authorisation holder, under a procedure agreed with the Agency; or
for minor repairs only, by an appropriately approved design organisation under a procedure agreed with the Agency.
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 Agency.
by the Agency; or
by an appropriately approved design organisation under a procedure agreed with the Agency.
Any necessary limitations shall be processed in accordance with the procedures of point 21.A.443.
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 Agency; 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.
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 ETSO authorisation holder under point 21.A.433 (b), as appropriate.
specify the marking, including EPA letters, in accordance with point 21.A.804(a).
undertake the obligations laid down in points 21.A.4, 21.A.447 and 21.A.449; and
specify the marking, including EPA letters, in accordance with point 21.A.804(a).
This Subpart establishes the procedure for issuing ETSO authorisations and the rules governing the rights and obligations of applicants for, or holders of, such authorisations.
Any natural or legal person that produces or is preparing to produce an ETSO 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 ETSO authorisation.
Any applicant for an ETSO authorisation shall demonstrate its capability as follows:
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 Agency 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).
With regard to ETSO authorisation for an Auxiliary Power Unit:
[F1points 21.A.15, 21.A.16B, 21.A.17A, 21.A.17B, 21.A.20, 21.A.21, 21.A.31, 21.A.33, 21.A.44 shall apply by way of derogation from points 21.A.603, 21.A.606(c), 21.A.610 and 21.A.615, except that an ETSO Authorisation shall be issued in accordance with 21.A.606 instead of the type-certificate.]
subpart D or Subpart E is applicable for the approval of design changes by way of derogation from point 21.A.611. When Subpart E is used, a separate ETSO authorisation shall be issued instead of a supplemental type-certificate.
Subpart M is applicable to the approval of repair designs.
The applicant shall submit the following documents, to the Agency:
a statement of compliance certifying that the applicant has met the requirements of this Subpart;
a Declaration of Design and Performance (DDP);
one copy of the technical data required in the applicable ETSO;
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 referred to in point 21.A.602B(b)(2).
The applicant shall be entitled to have an ETSO authorisation issued by the Agency after:
demonstrating its capability in accordance with point 21.A.602B; and
demonstrating that the article complies with the technical conditions of the applicable ETSO, and submitting the corresponding statement of compliance;
expressly stating that it is prepared to comply with point 21.A.609.
The holder of an ETSO authorisation is entitled to produce and to mark the article with the appropriate ETSO marking.
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 ETSO;
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 ETSO;
list of deviations accepted in accordance with point 21.A.610.
The holder of an ETSO 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 ETSO 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 Agency 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.
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 Agency 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.
Upon a request of the Agency, each applicant for, or holder of an ETSO authorisation for an article shall allow the Agency to:
witness any tests;
inspect the technical data files on that article.
the conditions required when ETSO 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 Agency.
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 ETSO authorisation issued under this Annex I (Part 21) is not transferable.
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.
Notwithstanding point 21.1 of this Annex I (Part 21) for the purpose of this Subpart, the ‘competent authority’ shall be:
the authority designated by the Member State of registry; or
for unregistered aircraft, the authority designated by the Member State which prescribed the identification marks.
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);
[F5any 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 Agency in a form and manner established by the Agency; or
when approval of the flight conditions is not related to the safety of the design, to the competent authority in a form and manner established by that authority.
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 Agency; or
an appropriately approved design organisation, under the privilege of point 21.A.263(c)(6).
The manuals, placards, listings, and instrument markings and other necessary information required by applicable certification specifications shall be presented in one or more of the official language(s) of the European Union acceptable to the competent authority.
The holder of, or the applicant for, a permit to fly shall provide access to the aircraft concerned at the request of the competent authority.
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.
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.
manufacturer’s name;
product designation;
manufacturer’s Serial number;
any other information the Agency finds appropriate.
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
the letters EPA for parts or appliances produced in accordance with approved design data not belonging to the type-certificate holder of the related product, except for ETSO articles.
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 ETSO number.
Each competent authority of the Member State is responsible for the implementation of Section A, Subparts F, G, H, I and P only for applicants, or holders, whose principal place of business is in its territory.
The Member State shall designate a competent authority with allocated responsibilities for the implementation of Section A, Subparts F, G, H, I and P with documented procedures, organisation structure and staff.
the number of staff shall be sufficient to perform the allocated tasks;
the competent authority of the Member State shall appoint a manager, or managers, who are responsible for the execution of the related task(s) within the authority, including the communication with the Agency and the other national authorities as appropriate.
All staff shall be appropriately qualified and have sufficient knowledge, experience and training to perform their allocated task.
The competent authority of the Member State shall keep, or maintain access to, the appropriate records related to the certificates, approvals and authorisations it has granted in accordance with the respective national regulations, and for which responsibility is transferred to the Agency, as long as these records have not been transferred to the Agency.
When the competent authority of a Member State receives an airworthiness directive from the competent authority of a non-member State, that airworthiness directive shall be transferred to the Agency for dissemination in accordance with Article 20 of Regulation (EC) No 216/2008.
Administrative procedures established by the Agency shall apply.
The Agency shall designate and notify to the applicant for a type-certificate or restricted type-certificate for an aircraft, for a supplemental type-certificate or for a major change to a type-certificate or to a supplemental type-certificate, the applicable noise requirements established in Annex 16 to the Chicago Convention, Volume I, Part II, Chapter 1 and:
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 Agency shall designate and notify to the applicant referred to in point (a) the applicable emission requirements for preventions of intentional fuel venting for aircraft established in Annex 16 to the Chicago Convention, Volume II, Part II, Chapter 1 and 2.
The Agency shall designate and notify to the applicant referred to in point (a) the applicable smoke, gaseous and particulate matter engine emission requirements established in Annex 16 to the Chicago Convention, Volume II, Part III, Chapter 1 and
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 Agency shall designate and notify to the applicant referred to in point (a) the applicable aeroplane CO 2 emission requirements established in Annex 16 to the Chicago Convention, Volume III, Part II, Chapter 1 and
for subsonic jet aeroplanes, in Chapter 2; and
for subsonic propeller-driven aeroplanes, in Chapter 2.]
Textual Amendments
[ F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F9 Deleted by Commission Regulation (EU) No 69/2014 of 27 January 2014 amending Regulation (EU) No 748/2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (Text with EEA relevance).
The approval of the changes to the operational suitability data is included in the approval of the change to the type-certificate. However, the Agency shall use a separate classification and approval process for administering changes to operational suitability data.]
Administrative procedures established by the Agency shall apply.
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.
for level 1 findings, immediate action shall be taken by the competent authority to limit, suspend or revoke the letter of agreement in whole or in part, depending upon the extent of the finding, until successful corrective action has been completed by the organisation;
for level 2 findings, the competent authority shall grant a corrective action period appropriate to the nature of the finding that shall not be more than 3 months. In certain circumstances, at the end of this period and subject to the nature of the finding, the competent authority can extend the 3 months period subject to a satisfactory corrective action plan provided by the organisation.
The competent authority shall maintain the letter of agreement as long as:
the manufacturer is properly using the EASA Form 52 (see Appendix VIII) as a statement of conformity for complete aircraft, and the EASA Form 1 (see Appendix I) for products other than complete aircraft, parts and appliances; and
inspections performed by the competent authority of the Member State before validation of the EASA Form 52 (see Appendix VIII) or the EASA Form 1 (see Appendix I), as per point 21.A.130(c) did not reveal any findings of non-compliance with the requirements or the procedures as contained in the manual provided by the manufacturer, or any non-conformity of the respective products, parts or appliances. These inspections shall check at least that:
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 competent authority 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.
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.
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.
for level 1 findings, immediate action shall be taken by the competent authority to limit, suspend or revoke the production organisation approval, in whole or in part, depending upon the extent of the finding, until successful corrective action has been completed by the organisation;
for level 2 findings, the competent authority shall grant a corrective action period appropriate to the nature of the finding that shall not be more than 3 months. In certain circumstances, at the end of this period and subject to the nature of the finding, the competent authority can extend the 3 months period subject to a satisfactory corrective action plan provided by the organisation.
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.
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 competent authority shall decide on any restriction to the scope of approval by temporary suspension of the production organisation approval or parts thereof. If the holder of a production organisation approval fails to comply with point 21.A.158(c)(2), the production organisation approval shall be revoked.
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.
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.
The competent authority of the Member State of registry shall issue a certificate of airworthiness for:
new aircraft:
upon presentation of the documentation required by point 21.A.174(b)(2);
where the competent authority of the Member State of registry is satisfied that the aircraft conforms to an approved design and is in a condition for safe operation; this may include inspections by the competent authority of the Member State of registry; and
where the competent authority of the Member State of registry is satisfied that the aircraft is in compliance with the applicable CO 2 emissions requirements on the date on which the certificate of airworthiness is first issued.
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;
the aircraft has been inspected in accordance with the applicable provisions of Annex I (Part-M) to Regulation (EC) No 2042/2003 and;
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 competent authority of the Member State of registry is satisfied that the aircraft conforms to an approved design and is in a condition for safe operation; this may include inspections by the competent authority of the Member State of registry and;
where the competent authority of the Member State of registry is satisfied that the aircraft was in compliance with the applicable CO 2 emissions requirements on the date on which the certificate of airworthiness was first issued.]
new aircraft:
upon presentation of the documentation required by point 21.A.174(b)(2);
when the competent authority of the Member State of registry is satisfied that the aircraft conforms to a design approved by the Agency under a restricted type-certificate or in accordance with specific airworthiness specifications, and is in a condition for safe operation. This may include inspections by the competent authority of the Member State of registry;
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
[F1the aircraft has been inspected in accordance with the applicable provisions of Annex I (Part M) of Regulation (EC) No 2042/2003;]
when the competent authority of the Member State of registry is satisfied that the aircraft conforms to the approved design and is in a condition for safe operation. This may include inspections by the competent authority of the Member State of registry.
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.
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.
evaluation of eligibility;
evaluation of the documentation received with the application;
inspection of aircraft.
The competent authority of the Member State of registry shall, as applicable, issue, or amend noise certificates (EASA Form 45, see Appendix VII) without undue delay when it is satisfied that the applicable requirements of Section A, Subpart I are met.
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 Agency shall apply.
Administrative procedures established by the Agency shall apply.
Administrative procedures established by the Agency shall apply.
Administrative procedures established by the Agency shall apply.
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 competent authority shall issue a permit to fly (EASA Form 20a, see Appendix III) without undue delay:
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 competent authority, through its own investigations, which may include inspections, or through procedures agreed with the applicant, is satisfied that the aircraft conforms to the design defined under point 21.A.708 before flight.
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 Agency shall apply.
When the Forms of this Annex are issued in a language other than English they shall include an English translation.
The EASA (‘European Aviation Safety Agency’) Forms referred to in the appendices to this Part shall have the following obligatory features. Member States shall ensure that the EASA Forms they issue are recognisable and shall be responsible for having those Forms printed.
—
EASA Form 1 Authorised release Certificate
—
EASA Form 15a Airworthiness Review Certificate
—
EASA Form 20a Permit to Fly
—
EASA Form 20b Permit to Fly (issued by approved organisations)
—
EASA Form 24 Restricted Certificate of Airworthiness
—
EASA Form 25 Certificate of Airworthiness
—
EASA Form 45 Noise Certificate
—
EASA Form 52 Aircraft Statement of Conformity
—
EASA Form 53 Certificate of Release to Service
—
EASA Form 55 Production Organisation Approval Certificate
—
EASA Form 65 Letter of Agreement for production without production organisation approval
[F1These instructions relate only to the use of the EASA 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 EASA Form 1 for maintenance purposes.]
State the name and country of the competent authority under whose jurisdiction this certificate is issued. When the competent authority is the Agency, only ‘EASA’ must be stated.
‘AUTHORISED RELEASE CERTIFICATE EASA FORM 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 EASA 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.
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 EASA Form 1. Each statement must clearly identify which item(s) in block 6 it relates to. If there is no statement, state ‘None’.
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 EASA 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 competent authority.
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.’
Enter name of the State of manufacture.
The competent authority under which authority the Statement of Conformity is issued.
A unique serial number should be pre-printed in this block for statement control and traceability purposes. Except that in the case of a computer generated document the number need not be pre-printed where the computer is programmed to produce and print a unique number.
The full name and location address of the organisation issuing the statement. This block may be pre-printed. Logos etc. are permitted if the logo can be contained within the block.
The aircraft type in full as defined in the type-certificate and its associated data sheet.
The type-certificate reference numbers and issue for the subject aircraft.
If the aircraft is registered then this mark will be the registration mark. If the aircraft is not registered then this will be such a mark that is accepted by the competent authority of the Member State and, if applicable, by the competent authority of a third country.
The identification number assigned by the manufacturer for control and traceability and product support. This is sometimes referred to as a Manufacturers Serial No or Constructors No.
The engine and propeller type(s) in full as defined in the relevant type-certificate and its associated data sheet. Their manufacturer identification No and associated location should also be shown.
Approved design changes to the aircraft definition.
A listing of all applicable airworthiness directives (or equivalent) and a declaration of compliance, together with a description of the method of compliance on the subject individual aircraft including products and installed parts, appliances and equipment. Any future compliance requirement time should be shown.
Approved unintentional deviation to the approved type design sometimes referred to as concessions, divergences, or non-conformances.
Only agreed exemptions, waivers or derogations may be included here.
Remarks. Any statement, information, particular data or limitation which may affect the airworthiness of the aircraft. If there is no such information or data, state; ‘NONE’.
Enter ‘Certificate of Airworthiness’, or ‘Restricted Certificate of Airworthiness’, or for the Certificate of Airworthiness requested.
Additional requirements such as those notified by an importing country should be noted in this block.
Validity of the Statement of Conformity is dependent on full completion of all blocks on the form. A copy of the flight test report together with any recorded defects and rectification details should be kept on file by the POA holder. The report should be signed as satisfactory by the appropriate certifying staff and a flight crew member, e.g. test pilot or flight test engineer. The flight tests performed are those defined under the control of the quality system, as established by point 21.A.139 in particular 21.A.139(b)(1)(vi), to ensure that the aircraft conforms with the applicable design data and is in condition for safe operation.
The listing of items provided (or made available) to satisfy the safe operation aspects of this statement should be kept on file by the POA holder.
The Statement of Conformity may be signed by the person authorised to do so by the production approval holder in accordance with point 21.A.145(d). A rubber stamp signature should not be used.
The name of the person signing the certificate should be typed or printed in a legible form.
The date the Statement of Conformity is signed should be given.
The competent authority approval reference should be quoted.
The Block BRIEF DESCRIPTION OF WORK PERFORMED appearing in EASA FORM 53 should include reference to the approved data used to perform the work.
The Block LOCATION appearing in EASA FORM 53 refers to the location where the maintenance has been performed, not to the location of the facilities of the organisation (if different).
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.]
[F6 [F6Commission 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 ).] ]
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