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

Article 9 U.K. Production organisations

1. An organisation responsible for the manufacture of products, parts and appliances shall demonstrate its capability in accordance with the provisions of Annex I (Part 21). [F1 This demonstration of capability is not required for the parts or appliances that an organisation manufactures which, in accordance with the provisions of Annex I (Part 21), are eligible for installation in a type-certified product without the need to be accompanied by an authorised release certificate (CAA Form 1).]

[F2 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.]

3. Production organisation approvals issued or recognised by a Member State [F3 or 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.

[F4 4 . By way of derogation from paragraph 1, the production organisation may apply to the [F5 CAA] for exemptions from the environmental requirements referred to in the first subparagraph of Article 9(2) of Regulation (EU) 2018/1139 (1).]

[F6 5. By way of derogation from points 21.B.125(e) and 21.B.225(e) of Annex I (Part 21), a production 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.

6. On or after 1 July 2026, where a production 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

F1 Words in Art. 9(1) inserted (1.7.2024) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(3), 4(a)

F2 Art. 9(2) substituted (23.12.2022) by The Aviation Safety and Air Traffic Management (Amendment) Regulations 2022 (S.I. 2022/1235), regs. 1(2), 2(2)

F3 Words in Art. 9(3) inserted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 190(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F4 Inserted 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).

F5 Word in Art. 9(4) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 60

F6 Art. 9(5)(6) inserted (1.7.2024) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(3), 4(b)

(1)

[F4 Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 ( OJ L 212, 22.8.2018, p. 1 ).]

Textual Amendments

F4 Inserted 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).