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

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

21.A.171 Scope U.K.

This Subpart establishes the procedure for issuing airworthiness certificates.

21.A.172 Eligibility U.K.

Any natural or legal person under whose name an aircraft is registered or will be registered in [F1 the United Kingdom], or its representative, shall be eligible as an applicant for an airworthiness certificate for that aircraft under this Subpart.

Textual Amendments

F1 Words in Annex 1 point 21.A.172 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

21.A.173 Classification U.K.

Airworthiness certificates shall be classified as follows:

(a)

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);

(b)

restricted certificates of airworthiness shall be issued to aircraft:

1.

which conform to a restricted type-certificate that has been issued in accordance with this Annex I (Part 21); or

2.

which have been shown to the [F2 CAA] to comply with specific airworthiness specifications ensuring adequate safety.

Textual Amendments

F2 Word in Annex 1 point 21.A.173(b)(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

21.A.174 Application U.K.

(a) Pursuant to point 21.A.172, an application for an airworthiness 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.174(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(4)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

[F4 (b) Each application for a certificate of airworthiness or restricted certificate of airworthiness shall include: U.K.

1.

the class of airworthiness certificate applied for;

2.

with regard to new aircraft:

(i)

a statement of conformity:

• issued under point 21.A.163(b); or

• issued under point 21.A.130 and validated by the [F5 CAA]; or

• for an imported aircraft, a statement signed by the exporting authority that the aircraft conforms to a design approved by the [F6 CAA];

(ii)

a weight and balance report with a loading schedule and;

(iii)

the flight manual, when required by the applicable certification specifications for the particular aircraft.

3.

[F7 with regard to used aircraft originating from:

(i)

[F8 the United Kingdom], an airworthiness review certificate issued in accordance with Annex I (Part-M) or Annex Vb (Part-ML) to Commission Regulation (EU) No 1321/2014 (1);

(ii)

a third country:

• a statement by the competent authority of the State where the aircraft is, or was, registered, reflecting the airworthiness status of the aircraft on its register at the time of transfer,

• a weight and balance report with a loading schedule,

• the flight manual when such a manual is required by the airworthiness code for the aircraft,

• historical records to establish the production, modification and maintenance standard of the aircraft, including all limitations associated with a restricted certificate of airworthiness issued in accordance with point 21.B.327,

• a recommendation for the issuance of a certificate of airworthiness or restricted certificate of airworthiness and for an airworthiness review certificate pursuant to an airworthiness review in accordance with Annex I (Part-M) [F9 , or an airworthiness review certificate in accordance with] or Annex Vb (Part-ML) to Regulation (EU) No 1321/2014 [F10 ,

—the date on which the first certificate of airworthiness was issued and, if the standards of Volume 3 of Annex 16 to the Chicago Convention apply, the CO2 metric value data].]]

Textual Amendments

F5 Word in Annex 1 point 21.A.174(b)(2)(i) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(4)(b)(i)(aa) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in Annex 1 point 21.A.174(b)(2)(i) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(4)(b)(i)(bb) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F7 Substituted by Commission Delegated Regulation (EU) 2020/570 of 28 January 2020 amending and correcting Regulation (EU) No 748/2012 as regards the alignment of rules for continuing airworthiness of aircraft and aeronautical products, parts and appliances with Regulation (EU) No 1321/2014 (Text with EEA relevance).

F8 Words in Annex 1 point 21.A.174(b)(3)(i) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(4)(b)(ii)(aa) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Annex 1 point 21.A.174(b) inserted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(8)(a)(i)

F10 Words in Annex 1 point 21.A.174(b) inserted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(8)(a)(ii)

Textual Amendments

F4 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).

(c) Unless otherwise agreed, the statements referred to in points (b)(2)(i) and (b)(3)(ii) shall be issued no more than 60 days before presentation of the aircraft to the [F11 CAA]. U.K.

Textual Amendments

F11 Word in Annex 1 point 21.A.174(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(4)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

21.A.175 Language U.K.

The manuals, placards, listings, and instrument markings and other necessary information required by applicable certification specifications shall be presented in [F12 English].

Textual Amendments

F12 Word in Annex 1 point 21.A.175 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(5) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

21.A.177 Amendment or modification U.K.

An airworthiness certificate may be amended or modified only by the [F13 CAA].

Textual Amendments

F13 Word in Annex 1 point 21.A.177 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(6) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

21.A.179 Transferability and re-issuance F14 ... U.K.

([F15 a) Where ownership of an aircraft has changed, it remains on the United Kingdom register, and it has either a certificate of airworthiness or a restricted certificate of airworthiness conforming to a restricted type-certificate only, that certificate or restricted certificate (as the case may be) must be transferred together with the aircraft.] U.K.

Textual Amendments

F15 Annex 1 point 21.A.179(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(7)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

([F16 b) Where ownership of an aircraft has changed, it remains on the United Kingdom register, and the aircraft has a restricted certificate of airworthiness not conforming to a restricted type-certificate, that restricted certificate must be transferred together with the aircraft.] U.K.

Textual Amendments

F16 Annex 1 point 21.A.179(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(7)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F14 Words in Annex 1 point 21.A.179 heading omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(7)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

21.A.180 Inspections U.K.

F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Annex 1 point 21.A.180 omitted (1.7.2024) by virtue of The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(3), 6(8)(b)

21.A.181 Duration and continued validity U.K.

(a)

An airworthiness certificate shall be issued for an unlimited duration. It shall remain valid subject to:

1.

[F18 the aircraft continuing to comply with the applicable type design and continued airworthiness requirements; and]

2.

the aircraft remaining on the same register; and

3.

the type-certificate or restricted type-certificate under which it is issued not being previously invalidated under point 21.A.51;

4.

[F19 the certificate having not been revoked by the CAA under point 21.B.65 or surrendered by the certificate holder.]

(b)

Upon surrender or revocation, the certificate shall be returned to the [F20 CAA].

Textual Amendments

F18 Annex 1 point 21.A.181(a)(1) substituted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(8)(c)(i)

F19 Annex 1 point 21.A.181(a)(4) substituted (1.7.2024) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(3), 6(8)(c)(ii)

F20 Word in Annex 1 point 21.A.181(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 201(9) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

21.A.182 Aircraft identification U.K.

Each applicant for an airworthiness certificate under this Subpart shall demonstrate that its aircraft is identified in accordance with Subpart Q.

(1)

[F4 [F7 Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks ( OJ L 362, 17.12.2014, p. 1 ).] ]

Textual Amendments

F4 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).

F7 Substituted by Commission Delegated Regulation (EU) 2020/570 of 28 January 2020 amending and correcting Regulation (EU) No 748/2012 as regards the alignment of rules for continuing airworthiness of aircraft and aeronautical products, parts and appliances with Regulation (EU) No 1321/2014 (Text with EEA relevance).