The Aviation Safety and Air Traffic Management (Amendment) Regulations 2022

Amendment of Commission Regulation (EU) No 748/2012 (initial airworthiness)

This section has no associated Explanatory Memorandum

2.—(1) 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(1), is amended as follows.

(2) In Article 9 (production organisations), for paragraph 2 substitute—

2.  By way of derogation from paragraph 1, a manufacturer may demonstrate its capability as follows:

(a)where a manufacturer’s principal place of business is in a State other than the United Kingdom, by holding a certificate issued by that State for the product, part and appliance for which it applies, provided:

(i)that State is the State of manufacture, and

(ii)the CAA has determined that the system of that State includes the same independent level of checking compliance as provided by this Regulation, either through an equivalent system of approvals of organisations or through direct involvement of the competent authority of that State; or

(b)where a manufacturer’s principal place of business is in a State other than the United Kingdom or a Member State, by holding a production organisation approval for either or both part and appliance issued by the Agency, provided:

(i)either or both the part and appliance is of a type which is incorporated into a product produced by a manufacturer in the European Union which holds a certificate issued by the Agency, or a Member State, for that product, and

(ii)the production certificate for the product is recognised under Article 21 of Annex 30 to the Trade and Cooperation Agreement of 30th December 2020 between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Community, of the other part(2)..

(1)

EUR 2012/748, amended by S.I. 2019/645 and 2020/1116.

(2)

CP 426, Treaty Series No. 8 (2021), ISBN 978-1-5286-2546-3.