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Commission Regulation (EU) No 748/2012Show full title
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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- Regulations originating from the EU
- 2012 No. 748
- ANNEX I
- SECTION B
- Division SUBPART H —
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- Revised 24/03/20201.75 MB
- Revised 23/03/20201.75 MB
- Revised 23/06/20191.62 MB
- Revised 01/01/20181.40 MB
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This is a Regulation originating from the EU
This is a legislation item that originated from the EU
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The web archive version is the official version of this legislation item as it stood on exit day before being published to legislation.gov.uk and any subsequent UK changes and effects applied. The web archive also captured associated case law and other language formats from EUR-Lex.
Changes over time for: Division SUBPART H —
Changes to legislation:
Commission Regulation (EU) No 748/2012, Division SUBPART H — is up to date with all changes known to be in force on or before 16 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole legislation item and associated provisions
- Annex 1 Subpart J substituted by S.I. 2023/588 reg. 7(8)
- Annex 1 s. B Subpart B word substituted by S.I. 2019/645 reg. 211 (This amendment not applied to legislation.gov.uk. Reg. 211 omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 11)
- Annex 1 s. B Subpart M word substituted by S.I. 2019/645 reg. 220 (This amendment not applied to legislation.gov.uk. Reg. 220 omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 14)
- Annex 1 s. B Subpart O word substituted by S.I. 2019/645 reg. 221(b) (This amendment not applied to legislation.gov.uk. Reg. 221(b) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 15)
- Art. 8(4)(5) inserted by S.I. 2023/588 reg. 3
- Art. 9(5)(6) inserted by S.I. 2023/588 reg. 4(b)
SUBPART H —CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESSU.K.
21.B.320InvestigationU.K.
(a)The [F1CAA] shall perform sufficient investigation activities for an applicant for, or holder of, an airworthiness certificate to justify the issuance, maintenance, amendment, suspension or revocation of the certificate or permit.U.K.Textual Amendments
F1Word in Annex 1 point 21.B.320 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F1Word in Annex 1 point 21.B.320 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(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 [F1CAA] shall prepare evaluation procedures covering at least the following elements:U.K.
1.
evaluation of eligibility of the applicant;
2.
evaluation of the eligibility of the application;
3.
classification of airworthiness certificates;
4.
evaluation of the documentation received with the application;
5.
inspection of aircraft;
6.
determination of necessary conditions, restrictions or limitations to the airworthiness certificates.
21.B.325Issue of airworthiness certificateU.K.
(a)The [F2CAA] shall issue or change a certificate of airworthiness ([F3CAA] Form 25, see Appendix VI) without undue delay when it is satisfied that the requirements of point 21.B.326 and the applicable requirements of Section A of Subpart H of this Annex I (Part 21) are met.U.K.Textual Amendments
F2Word in Annex 1 point 21.B.325(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(3)(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F3Word in Annex 1 point 21.B.325(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(3)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F2Word in Annex 1 point 21.B.325(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(3)(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F3Word in Annex 1 point 21.B.325(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(3)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
(b)The [F4CAA] shall issue or change a Restricted certificate of airworthiness ([F5CAA] Form 24, see Appendix V) without undue delay when it is satisfied that requirements of point 21.B.327 and the applicable requirements of Section A of Subpart H of this Annex I (Part 21) are met.U.K.Textual Amendments
F4Word in Annex 1 point 21.B.325(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(3)(b)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F5Word in Annex 1 point 21.B.325(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(3)(b)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F4Word in Annex 1 point 21.B.325(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(3)(b)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F5Word in Annex 1 point 21.B.325(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(3)(b)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
[F6(c) For a new aircraft or used aircraft originating from a non-member State, in addition to the appropriate airworthiness certificate referred to in point (a) or (b), the [F7CAA] shall issue an initial airworthiness review certificate ([F8CAA] Form 15a or 15c, see Appendix II).]U.K.Textual Amendments
F7Word in Annex 1 point 21.B.325(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(3)(c)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F8Word in Annex 1 point 21.B.325(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(3)(c)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F7Word in Annex 1 point 21.B.325(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(3)(c)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F8Word in Annex 1 point 21.B.325(c) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(3)(c)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F6Substituted 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).
[F921.B.326 Certificate of airworthiness U.K.
The [F10CAA] shall issue a certificate of airworthiness for:
Textual Amendments
F10Word in Annex 1 point 21.B.326 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
(a)
new aircraft:
1.
upon presentation of the documentation required by point 21.A.174(b)(2);
2.
where the [F10CAA] is satisfied that the aircraft conforms to an approved design and is in a condition for safe operation; this may include inspections by the [F10CAA]; and
3.
where the [F10CAA] 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.
(b)
used aircraft:
1.
upon presentation of the documentation required by point 21.A.174(b)(3) demonstrating that:
(i)
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;
(ii)
the applicable airworthiness directives have been complied with and;
(iii)
[F6the aircraft has been inspected in accordance with the provisions of Annex I (Part-M) or Annex Vb (Part-ML) of Regulation (EU) No 1321/2014, as appropriate.]
(iv)
the aircraft was in compliance with the applicable CO 2 emissions requirements on the date on which the certificate of airworthiness was first issued;
2.
where the [F10CAA] is satisfied that the aircraft conforms to an approved design and is in a condition for safe operation; this may include inspections by the [F10CAA] and;
3.
where the [F10CAA] 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.]
Textual Amendments
21.B.327Restricted certificate of airworthinessU.K.
(a)The [F11CAA] shall issue a restricted certificate of airworthiness for:U.K.
1.
new aircraft:
(i)
upon presentation of the documentation required by point 21.A.174(b)(2);
2.
used aircraft:
(i)
upon presentation of the documentation required by point 21.A.174(b)(3) demonstrating that:
(A)
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
(B)
the applicable airworthiness directives have been complied with; and
(C)
[F6the aircraft has been inspected in accordance with the provisions of Annex I (Part-M) or Annex Vb (Part-ML) of Regulation (EU) No 1321/2014, as appropriate;]
Textual Amendments
F12Word in Annex 1 point 21.B.327(a)(1)(ii) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(5)(a)(ii)(aa) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F13Word in Annex 1 point 21.B.327(a)(1)(ii) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(5)(a)(ii)(bb) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F14Word in Annex 1 point 21.B.327(a)(1)(ii) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(5)(a)(ii)(cc) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F15Word in Annex 1 point 21.B.327(a)(2)(ii) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(5)(a)(iii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F11Word in Annex 1 point 21.B.327(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(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)
(b)For an aircraft that cannot comply with the essential requirements referred to in Regulation (EC) No 216/2008 and which is not eligible for a restricted type-certificate, the [F16CAA] shall, as necessary to take account of deviations from these essential requirements:U.K.
1.
issue and check compliance with specific airworthiness specifications ensuring adequate safety with regard to the intended use, and
2.
specify limitations for use of this aircraft.
Textual Amendments
F16Word in Annex 1 point 21.B.327(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(5)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
(c)Limitations for use will be associated with restricted certificates of airworthiness, including airspace restrictions, as necessary to take account of deviations from essential requirements for airworthiness laid down in Regulation (EC) No 216/2008.U.K.
21.B.330Suspension and revocation of certificates of airworthiness and restricted certificates of airworthinessU.K.
(a)Upon evidence that any of the conditions specified in point 21.A.181(a) is not met, the [F17CAA] shall suspend or revoke an airworthiness certificate.U.K.Textual Amendments
F17Word in Annex 1 point 21.B.330 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(6) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F17Word in Annex 1 point 21.B.330 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(6) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
(b)Upon issuance of the notice of suspension and revocation of a certificate of airworthiness or restricted certificate of airworthiness the [F17CAA] shall state the reasons for the suspension or revocation and inform the holder of the certificate of its right to appeal.U.K.
21.B.345Record-keepingU.K.
(a)The [F18CAA] shall establish a system of record-keeping that allows adequate traceability of the process to issue, maintain, amend, suspend or revoke each individual airworthiness certificate.U.K.Textual Amendments
F18Word in Annex 1 point 21.B.345 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(6) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F18Word in Annex 1 point 21.B.345 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 216(6) (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;
2.
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
3.
a copy of the certificate or permit, including amendments.
(c)The records shall be archived for a minimum retention period of six years after leaving that national register.U.K.
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