Commission Regulation (EU) No 748/2012Show full title

SUBPART E — SUPPLEMENTAL TYPE-CERTIFICATES U.K.

[F1 21.A.111 Scope U.K.

This Subpart establishes the procedure for the approval of major changes to the type-certificate under supplemental type-certificate procedures, and establishes the rights and obligations of the applicants for, and holders of, those certificates. In this Subpart, the references to type-certificates include type-certificates and restricted type-certificates.

Textual Amendments

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

21.A.112A Eligibility U.K.

Any natural or legal person that has demonstrated, or is in the process of demonstrating, its capability in accordance with point 21.A.112B may apply for a supplemental type-certificate in accordance with the conditions laid down in this Subpart.]

21.A.112B Demonstration of capability U.K.

[F1 (a) An applicant for a supplemental type-certificate shall demonstrate its capability by holding a design organisation approval, issued by the [F2 CAA] in accordance with Subpart J.] U.K.

Textual Amendments

F2 Word in Annex 1 point 21.A.112B substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) By way of derogation from point (a), as an alternative procedure to demonstrate its capability, an applicant may seek [F2 CAA] agreement for the use of procedures setting out the specific design practices, resources and sequence of activities necessary to comply with this Subpart. U.K.

[F1 (c) By way of derogation from point (a), in the case of products referred to in point 21.A.14(c), an applicant may demonstrate its capability by obtaining the [F2 CAA]'s acceptance of its certification programme established in accordance with point 21.A.93(b).] U.K.

21.A.113 Application for a supplemental type-certificate U.K.

(a) An application for a supplemental type-certificate shall be made in a form and manner established by the [F3 CAA]. U.K.

Textual Amendments

F3 Word in Annex 1 point 21.A.113 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

[F1 (b) When applying for a supplemental type-certificate, the applicant shall: U.K.

(i)

include in the application the information required by point 21.A.93(b);

(ii)

specify whether the certification data has been or will be prepared completely by the applicant or on the basis of an arrangement with the owner of the type-certification data.]

[F4 (c) Point 21.A.93(c) applies to the requirements for the time limits of the application effectivity as well as the requirements related to the need to update the type-certification basis, operational suitability data certification basis and environmental protection requirements, when the change has not been approved or it is evident that it will not be approved within the time limit established.] U.K.

Textual Amendments

F4 Inserted by Commission Delegated Regulation (EU) 2019/897 of 12 March 2019 amending Regulation (EU) No 748/2012 as regards the inclusion of risk-based compliance verification in Annex I and the implementation of requirements for environmental protection (Text with EEA relevance).

F5 21.A.114 Showing of compliance U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Deleted by Commission Delegated Regulation (EU) 2019/897 of 12 March 2019 amending Regulation (EU) No 748/2012 as regards the inclusion of risk-based compliance verification in Annex I and the implementation of requirements for environmental protection (Text with EEA relevance).

[F1 21.A.115 Requirements for approval of major changes in the form of a supplemental type-certificate U.K.

(a)

Supplemental type certificates shall be issued by:

1.

the [F6 CAA]; or

2.

an approved design organisation within the scope of its privileges provided for in points (1) and (9) of point 21.A.263(c), as recorded in the terms of approval.

(b)

A supplemental type-certificate shall only be issued when:

1.

the applicant has demonstrated its capability in accordance with point 21.A.112B;

2.

it has been demonstrated that the change to a type-certificate and areas affected by the change comply with the type-certification basis and the environmental protection requirements, as established by the [F6 CAA] in accordance with point 21.A.101;

3.

in the case of a supplemental type-certificate affecting the operational suitability data, it has been demonstrated that the necessary changes to the operational suitability data meet the operational suitability data certification basis, as established by the [F6 CAA] in accordance with point 21.A.101;

4.

compliance with points (2) and (3) has been demonstrated in accordance with point 21.A.20, as applicable to the change; and

5.

in case the applicant has specified that it provided certification data on the basis of an arrangement with the owner of the type-certification data in accordance with point 21.A.113(b):

(i)

the type-certificate holder has indicated that it has no technical objection to the information submitted under point 21.A.93; and

(ii)

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.

(c)

By derogation from points (3) and (4) of point (b), at the applicant's request included in the declaration referred to in point 21.A.20(d), the applicant is entitled to have a supplemental type-certificate for an aircraft issued before the applicant has demonstrated compliance with the operational suitability data certification basis, provided that the applicant demonstrates such compliance before the date at which those data are to be actually used.

(d)

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

Textual Amendments

F6 Word in Annex 1 point 21.A.115 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

21.A.116 Transferability U.K.

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 [F7 CAA] agreement for the use of procedures setting out its activities to undertake these obligations.

Textual Amendments

F7 Word in Annex 1 point 21.A.116 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

21.A.117 Changes to that part of a product covered by a supplemental type-certificate U.K.

(a) Minor changes to that part of a product covered by a supplemental type-certificate shall be classified and approved in accordance with Subpart D. U.K.

(b) Each major change to that part of a product covered by a supplemental type-certificate shall be approved as a separate supplemental type-certificate in accordance with this Subpart. U.K.

(c) By way of derogation from point (b), a major change to that part of a product covered by a supplemental type-certificate submitted by the supplemental type-certificate holder itself may be approved as a change to the existing supplemental type-certificate. U.K.

21.A.118A Obligations and [F8 UKPA] marking U.K.

Each holder of a supplemental type-certificate shall:

(a)

[F9 undertake the obligations:

1.

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;

2.

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;]

(b)

specify the marking, including [F10 UKPA] letters, in accordance with point 21.A.804(a).

Textual Amendments

F9 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).

F10 Word in Annex 1 point 21.A.118A substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F8 Word in Annex 1 point 21.A.118A heading substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

21.A.118B Duration and continued validity U.K.

(a) A supplemental type-certificate shall be issued for an unlimited duration. It shall remain valid subject to: U.K.

1.

the holder remaining in compliance with this Annex I (Part 21); and

2.

the certificate not being surrendered or revoked under the applicable administrative procedures established by the [F11 CAA].

Textual Amendments

F11 Word in Annex 1 point 21.A.118B substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) Upon surrender or revocation, the supplemental type-certificate shall be returned to the [F11 CAA]. U.K.

[F9 21.A.119 Manuals U.K.

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 [F12 CAA] on request.]

Textual Amendments

F12 Word in Annex 1 point 21.A.119 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

[F9 21.A.120A Instructions for continued airworthiness] U.K.

(a) The holder of the supplemental type-certificate for an aircraft, engine, or propeller, shall furnish at least one set of the associated variations to the instructions for continued airworthiness, prepared in accordance with the applicable type-certification basis, to each known owner of one or more aircraft, engine, or propeller incorporating the features of the supplemental type-certificate, upon its delivery, or upon issuance of the first certificate of airworthiness for the affected aircraft, whichever occurs later, and thereafter make those variations in instructions available, on request, to any other person required to comply with any of the terms of those instructions. Availability of some manual or portion of the variations to the instructions for continued airworthiness, dealing with overhaul or other forms of heavy maintenance, may be delayed until after the product has entered into service, but shall be available before any of the products reaches the relevant age or flight-hours/cycles. U.K.

(b) In addition, changes to those variations of the instructions for continued airworthiness shall be made available to all known operators of a product incorporating the supplemental type-certificate and shall be made available, on request, to any person required to comply with any of those instructions. A programme showing how changes to the variations to the instructions for continued airworthiness are distributed shall be submitted to the [F13 CAA]. U.K.

Textual Amendments

F13 Word in Annex 1 point 21.A.120A substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

[F14 21.A.120B Availability of operational suitability data U.K.

In the case of a change affecting the operational suitability data, the holder of the supplemental type-certificate shall make available:

(a)

at least one set of changes to the operational suitability data prepared in accordance with the applicable operational suitability certification basis, to all known [F15 United Kingdom operators] of the changed aircraft, before the operational suitability data must be used by a training organisation or [F16 a United Kingdom operator]; and

(b)

any further change to the affected operational suitability data, to all known [F17 United Kingdom operators] of the changed aircraft; and

(c)

on request, the relevant parts of the changes in points (a) and (b) above, to:

1.

[F18 the CAA; and]

2.

any person required to comply with one or more elements of this set of operational suitability data.]

Textual Amendments

F15 Words in Annex 1 point 21.A.120B(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(5)(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Annex 1 point 21.A.120B(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(5)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Annex 1 point 21.A.120B(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(5)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F18 Annex 1 point 21.A.120B(c)(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 198(5)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F14 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).