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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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1.An organisation responsible for the design of products, parts and appliances or for changes or repairs thereto shall demonstrate its capability in accordance with Annex I (Part 21).
2.By way of derogation from point 1, an organisation whose principal place of business is in a [F1foreign state] may demonstrate its capability by holding a certificate issued by that State for the product, part and appliance for which it applies, provided:
(a)that State is the State of design; and
(b)the [F2CAA] has determined that the system of that State includes the same independent level of checking of 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.
3.Design organisation approvals issued or recognised by a Member State [F3or the United Kingdom] in accordance with the JAA requirements and procedures and valid before 28 September 2003 shall be deemed to comply with this Regulation.
4.[F4By way of derogation from points 21.B.433(d)(1) and (2) of Annex I (Part 21), a design organisation that holds a valid approval certificate issued in accordance with Annex I (Part 21) must correct any findings of non-compliance related to the implementation of the SMS requirements before 1 July 2026.
5.On or after 1 July 2026, where a design organisation has not corrected any findings of non-compliance related to the implementation of the safety management requirements, that organisation’s approval certificate must be either revoked, limited or suspended in whole or part, dependent on the severity of the non-compliance.]
Textual Amendments
F1Words in Art. 8(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 189(2)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F2Word in Art. 8(2)(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 189(2)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 8(3) inserted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 189(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F4Art. 8(4)(5) inserted (1.7.2024) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(3), 3
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