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

SUBPART F — PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL U.K.

21.B.120 Investigation U.K.

(a) The [F1 CAA] shall appoint an investigation team for each applicant for, or holder of, a letter of agreement to conduct all relevant tasks related to this letter of agreement, consisting of a team-leader to manage and lead the investigation team and, if required, one or more team members. The team-leader shall report to the manager responsible for the activity, as defined in point 21.B.25 (b)(2). U.K.

Textual Amendments

F1 Word in Annex 1 point 21.B.120 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) The [F1 CAA] shall perform sufficient investigation activities for an applicant for, or holder of, a letter of agreement to justify recommendations for the issuance, maintenance, amendment, suspension or revocation of the letter of agreement. U.K.

(c) The [F1 CAA] shall prepare procedures for the investigation of applicants for, or holders of, a letter of agreement as part of the documented procedures covering at least the following elements: U.K.

1.

evaluation of applications received;

2.

determination of investigation team;

3.

investigation preparation and planning;

4.

evaluation of the documentation (manual, procedures, etc.);

5.

auditing and inspection;

6.

follow up of corrective actions; and

7.

recommendation for issuance, amendment, suspension or revocation of the letter of agreement.

21.B.125 Findings U.K.

(a) When during audits or by other means objective evidence is found by the [F2 CAA], showing non-compliance of the holder of a letter of agreement with the applicable requirements of Section A of this Annex, this finding shall be classified in accordance with point 21.A.125B(a). U.K.

Textual Amendments

F2 Word in Annex 1 point 21.B.125 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) The [F2 CAA] shall take the following actions: U.K.

1.

for level 1 findings, immediate action shall be taken by the [F2 CAA] 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;

2.

for level 2 findings, the [F2 CAA] 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 [F2 CAA] can extend the 3 months period subject to a satisfactory corrective action plan provided by the organisation.

(c) Action shall be taken by the [F2 CAA] to suspend the letter of agreement in whole or in part in case of failure to comply within the timescale granted by the [F2 CAA]. U.K.

21.B.130 Issue of letter of agreement U.K.

(a) When satisfied that the manufacturer is in compliance with the applicable requirements of Section A, Subpart F, the [F3 CAA] shall issue a letter of agreement to the showing of conformity of individual products, parts or appliances ([F4 CAA] Form 65, see Appendix XI) without undue delay. U.K.

Textual Amendments

F3 Word in Annex 1 point 21.B.130(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in Annex 1 point 21.B.130(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) The letter of agreement shall contain the scope of the agreement, a termination date and, where applicable, the appropriate limitations relating to the authorisation. U.K.

(c) The duration of the letter of agreement shall not exceed one year. U.K.

21.B.135 Maintenance of the letter of agreement U.K.

The [F5 CAA] shall maintain the letter of agreement as long as:

Textual Amendments

F5 Word in Annex 1 point 21.B.135 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(4)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(a)

the manufacturer is properly using the [F6 CAA] Form 52 (see Appendix VIII) as a statement of conformity for complete aircraft, and the [F6 CAA] Form 1 (see Appendix I) for products other than complete aircraft, parts and appliances; and

(b)

inspections performed by the [F7 CAA] before validation of the [F8 CAA] Form 52 (see Appendix VIII) or the [F8 CAA] 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:

1.

the agreement covers the product, part or appliance being validated, and remains valid;

2.

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;

3.

production has been carried out under the conditions prescribed in the letter of agreement and satisfactorily performed;

4.

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;

5.

the inspections by the [F9 CAA] described or addressed in the letter of agreement have been performed and found acceptable;

6.

the statement of conformity complies with point 21.A.130, and the information provided by it does not prevent its validation; and

(c)

any termination date for the letter of agreement has not been reached.

Textual Amendments

F6 Word in Annex 1 point 21.B.135(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(4)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F7 Word in Annex 1 point 21.B.135(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(4)(c)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F8 Word in Annex 1 point 21.B.135(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(4)(c)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F9 Word in Annex 1 point 21.B.135(b)(5) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(4)(c)(iii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

21.B.140 Amendment of a letter of agreement U.K.

(a) The [F10 CAA] shall investigate, as appropriate, in accordance with point 21.B.120 any amendment of the letter of agreement. U.K.

Textual Amendments

F10 Word in Annex 1 point 21.B.140 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(5) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) When the [F10 CAA] is satisfied that the requirements of Section A, Subpart F continue to be complied with, it shall amend the letter of agreement accordingly. U.K.

21.B.145 Limitation, suspension and revocation of a letter of agreement U.K.

(a) The limitation, suspension or revocation of the letter of agreement shall be communicated in writing to the holder of the letter of agreement. The [F11 CAA] shall state the reasons for the limitation, suspension or revocation and inform the holder of the letter of agreement on its right to appeal. U.K.

Textual Amendments

F11 Word in Annex 1 point 21.B.145 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(5) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) When a letter of agreement has been suspended it shall only be reinstated after compliance with Section A Subpart F has been re-established. U.K.

21.B.150 Record-keeping U.K.

(a) The [F12 CAA] shall establish a system of record-keeping that allows adequate traceability of the process to issue, maintain, amend, suspend or revoke each individual letter of agreement. U.K.

Textual Amendments

F12 Word in Annex 1 point 21.B.150(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(6)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) The records shall at least contain: U.K.

1.

the documents provided by the applicant for, or holder of, a letter of agreement;

2.

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;

3.

the letter of agreement, including changes; and

4.

minutes of the meetings with the manufacturer.

(c) The records shall be archived for a minimum retention period of six years after termination of the letter of agreement. U.K.

(d) The [F13 CAA] shall also maintain records of all Statements of Conformity ([F14 CAA] Form 52, see Appendix VIII) and Authorised Release Certificates ([F14 CAA] Form 1, see Appendix I) that it has validated. U.K.

Textual Amendments

F13 Word in Annex 1 point 21.B.150(d) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(6)(b)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F14 Word in Annex 1 point 21.B.150(d) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 214(6)(b)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)