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

SUBPART M — REPAIRS U.K.

21.A.431 A Scope U.K.

[F1 (a) This Subpart establishes the procedure for the approval of a repair design of a product, part or appliance and establishes the rights and obligations of the applicants for, and holders of, those approvals.] U.K.

Textual Amendments

F1 Substituted 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).

(b) This Subpart defines standard repairs that are not subject to an approval process under this Subpart. U.K.

[F1 (c) A ‘ repair ’ means the elimination of damage and/or restoration to an airworthy condition following the initial release to service by the manufacturer of any product, part or appliance. U.K.

(d) The elimination of damage by replacement of parts or appliances without the necessity for design activity shall be considered as a maintenance task and shall therefore require no approval under this Annex.] U.K.

(e) A repair to an [F2 UKTSO] article other than an Auxiliary Power Unit (APU) shall be treated as a change to the [F2 UKTSO] design and shall be processed in accordance with point 21.A.611. U.K.

Textual Amendments

F2 Word in Annex 1 point 21.A.431A(e) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

[F3 (f) In this Subpart, the references to type-certificates include type-certificates and restricted type-certificates.] U.K.

Textual Amendments

F3 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).

21.A.431B Standard repairs U.K.

(a) Standard repairs are repairs: U.K.

(1)

in relation to:

(i)

aeroplanes of 5 700 kg Maximum Take-Off Mass (MTOM) or less;

(ii)

rotorcraft of 3 175 kg MTOM or less;

(iii)

sailplanes and powered sailplanes, balloons and airships as defined in ELA1 or ELA2.

(2)

that follow design data included in certification specifications issued by the [F4 CAA], containing acceptable methods, techniques and practices for carrying out and identifying standard repairs, including the associated instructions for continuing airworthiness; and

(3)

that are not in conflict with TC holders data.

Textual Amendments

F4 Word in Annex 1 point 21.A.431B(a)(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) Points 21.A.432A to 21.A.451 are not applicable to standard repairs. U.K.

21.A.432A Eligibility U.K.

(a) Any natural or legal person that has demonstrated, or is in the process of demonstrating, its capability under point 21.A.432B shall be eligible as an applicant for a major repair design approval under the conditions laid down in this Subpart. U.K.

(b) Any natural or legal person shall be eligible to apply for approval of a minor repair design. U.K.

21.A.432B Demonstration of capability U.K.

[F1 (a) An applicant for approval of a major repair design shall demonstrate its capability by holding a design organisation approval, issued by the [F5 CAA] in accordance with Subpart J.] U.K.

Textual Amendments

F5 Word in Annex 1 point 21.A.432B substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) By way of derogation from point (a), as an alternative procedure to demonstrate its capability, an applicant may seek [F5 CAA] agreement for the use of procedures setting out the specific design practices, resources and sequence of activities necessary to comply with this Subpart. U.K.

[F1 (c) By way of derogation from point (a), in the case of products referred to in point 21.A.14(c), an applicant may demonstrate its capability by obtaining the [F6 CAA’s] acceptance of its certification programme established in accordance with point 21.A.432C(b).] U.K.

Textual Amendments

F6 Word in Annex 1 point 21.A.432B(c) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(5)(a)

[F3 21.A.432C Application for a repair design approval U.K.

(a)

An application for a repair design approval shall be made in a form and manner established by the [F7 CAA].

(b)

An application for a major repair design approval shall include, or be supplemented after the initial application, a certification programme containing:

1.

a description of the damage and repair design identifying the configuration of the type design upon which the repair is made;

2.

an identification of all areas of the type design and the approved manuals that are changed or affected by the repair design;

3.

an identification of any reinvestigations necessary to demonstrate compliance of the repair design and areas affected by the repair design with the type-certification basis incorporated by reference in, as applicable, either the type-certificate, the supplemental type-certificate or the APU ETSO authorisation;

4.

any proposed amendments to the type-certification basis incorporated by reference in, as applicable, either the type-certificate, the supplemental type-certificate or the APU ETSO authorisation;

5.

a proposal for a breakdown of the certification programme into meaningful groups of compliance demonstration activities and data, including the means and process proposed to be followed to demonstrate compliance with point 21.A.433(a)(1) and references to related compliance documents;

6.

a proposal for the assessment of the meaningful groups of compliance demonstration activities and data, addressing the likelihood of an unidentified non-compliance with the type-certification basis and the potential impact of that non-compliance on product safety. The proposed assessment shall take into account at least the elements set out in subpoints (1)-(4) of point 21.B.100(a). Based on this assessment, the application shall include a proposal for the [F8 CAA’s] involvement in the verification of the compliance demonstration activities and data; and

7.

the specification whether the certification data is prepared completely by the applicant or on the basis of an arrangement with the owner of the type-certification data.]

Textual Amendments

F7 Word in Annex 1 point 21.A.432C(a) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(5)(b)(i)

F8 Word in Annex 1 point 21.A.432C(b)(6) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(5)(b)(ii)

[F1 21.A.433 Requirements for approval of a repair design U.K.

(a)

A repair design shall only be approved:

1.

when it has been demonstrated, following the certification programme referred to in point 21.A.432C(b), that the repair design complies with the type-certification basis incorporated by reference in, as applicable, either the type-certificate, the supplemental type-certificate or the APU [F9 UKTSO] authorisation, as well as with any amendments established and notified by the [F10 CAA] in accordance with point 21.B.450;

2.

when compliance with the type-certification basis that applies in accordance with point (a)(1) has been declared and the justifications of compliance have been recorded in the compliance documents;

3.

when no feature or characteristic has been identified that may make the product unsafe for the uses for which certification is requested; and

4.

where the applicant has specified that it provided certification data on the basis of an arrangement with the owner of the type-certification data in accordance with point 21.A.432C(b)(7):

(i)

when the holder has indicated that it has no technical objection to the information submitted under point (a)(2); and

(ii)

when the holder has agreed to collaborate with the repair design approval holder to ensure discharge of all obligations for continued airworthiness of the changed product through compliance with point 21.A.451.

(b)

The applicant shall submit to the [F11 CAA] the declaration referred to in point (a)(2) and, on request by the [F11 CAA], all necessary substantiation data.

Textual Amendments

F9 Word in Annex 1 point 21.A.433(a)(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(5)(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12 and S.I. 2020/1116, regs. 1(3), 8(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Word in Annex 1 point 21.A.433(a)(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(5)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F11 Word in Annex 1 point 21.A.433(b) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(5)(b)(iii)

21.A.435 Classification and approval of repair designs U.K.

(a)

A repair design shall be classified as either ‘ major ’ or ‘ minor ’ in accordance with the criteria set out in point 21.A.91 for a change to the type-certificate.

(b)

A repair design shall be classified and approved by:

1.

the [F12 CAA]; or

2.

an approved design organisation within the scope of its privileges provided for in points (1), (2) and (5) of point 21.A.263(c), as recorded in the terms of approval.]

Textual Amendments

F12 Word in Annex 1 point 21.A.435 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(6) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12 and S.I. 2020/1116, regs. 1(3), 8(c)); 2020 c. 1, Sch. 5 para. 1(1)

F13 21.A.437 Issue of a repair design approval U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Deleted 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).

21.A.439 Production of repair parts U.K.

Parts and appliances to be used for the repair shall be manufactured in accordance with production data based upon all the necessary design data as provided by the repair design approval holder:

(a)

under Subpart F; or

(b)

by an organisation appropriately approved in accordance with Subpart G; or

(c)

by an appropriately approved maintenance organisation.

21.A.441 Repair embodiment U.K.

[F14 (a) The embodiment of a repair shall be made in accordance with Annex I (Part-M), Annex II (Part-145), Annex Vb (Part-ML) or Annex Vd (Part-CAO) of Regulation (EU) No 1321/2014, or by a production organisation approved in accordance with Subpart G of this Annex, in accordance with the privilege provided for in point 21.A.163(d).] U.K.

Textual Amendments

F14 Substituted 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).

(b) The design organisation shall transmit to the organisation performing the repair all the necessary installation instructions. U.K.

21.A.443 Limitations U.K.

A repair design may be approved subject to limitations, in which case the repair design approval shall include all necessary instructions and limitations. These instructions and limitations shall be transmitted by the repair design approval holder to the operator in accordance with a procedure agreed with the [F15 CAA].

Textual Amendments

F15 Word in Annex 1 point 21.A.443 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(8) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

21.A.445 Unrepaired damage U.K.

(a) When a damaged product, part or appliance, is left unrepaired, and is not covered by previously approved data, the evaluation of the damage for its airworthiness consequences may only be made: U.K.

1.

by the [F16 CAA]; or

2.

by an appropriately approved design organisation under a procedure agreed with the [F16 CAA].

Textual Amendments

F16 Word in Annex 1 point 21.A.445(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(9)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Any necessary limitations shall be processed in accordance with the procedures of point 21.A.443.

(b) Where the organisation evaluating the damage under point (a) is neither the [F17 CAA] nor the type-certificate, supplemental type-certificate or APU [F18 UKTSO] authorisation holder, this organisation shall justify that the information on which the evaluation is based is adequate either from its organisation’s own resources or through an arrangement with the type-certificate, supplemental type-certificate or APU [F18 UKTSO] authorisation holder, or manufacturer, as applicable. U.K.

Textual Amendments

F17 Word in Annex 1 point 21.A.445(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(9)(b)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F18 Word in Annex 1 point 21.A.445(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(9)(b)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

21.A.447 Record-keeping U.K.

For each repair, all relevant design information, drawings, test reports, instructions and limitations possibly issued in accordance with point 21.A.443, justification for classification and evidence of the design approval, shall:

(a)

be held by the repair design approval holder at the disposal of the [F19 CAA]; and

(b)

be retained by the repair design approval holder in order to provide the information necessary to ensure the continued airworthiness of the repaired products, parts or appliances.

Textual Amendments

F19 Word in Annex 1 point 21.A.447(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(10) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

21.A.449 Instructions for continued airworthiness U.K.

(a) The holder of the repair design approval shall furnish at least one complete set of those changes to the instructions for continued airworthiness which result from the design of the repair, comprising descriptive data and accomplishment instructions prepared in accordance with the applicable requirements, to each operator of aircraft incorporating the repair. The repaired product, part or appliance may be released into service before the changes to those instructions have been completed, but this shall be for a limited service period, and in agreement with the [F20 CAA]. Those changes to the instructions shall be made available on request to any other person required to comply with any of the terms of those changes to the instructions. The availability of some manual or portion of the changes to the instructions for continued airworthiness, dealing with overhaul or other forms of heavy maintenance, may be delayed until after the product has entered into service, but shall be available before any of the products reaches the relevant age or flight-hours/cycles. U.K.

Textual Amendments

F20 Word in Annex 1 point 21.A.449(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(11) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) If updates to those changes to the instructions for continued airworthiness are issued by the holder of the repair design approval after the repair has been first approved, these updates shall be furnished to each operator and shall be made available on request to any other person required to comply with any of the terms of those changes to the instructions. A programme showing how updates to the changes to the instructions for continued airworthiness are distributed shall be submitted to the [F21 CAA]. U.K.

Textual Amendments

F21 Word in Annex 1 point 21.A.449(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(11) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

21.A.451 Obligations and [F22 UKPA] marking U.K.

(a) Each holder of a major repair design approval shall: U.K.

1.

undertake the obligations:

(i)

laid down in points 21.A.3A, 21.A.3B, 21.A.4, 21.A.439, 21.A.441, 21.A.443, 21.A.447 and 21.A.449;

(ii)

implicit in the collaboration with the type-certificate, supplemental type-certificate and with the APU [F23 UKTSO] authorisation holder under point 21.A.433 (b), as appropriate.

2.

specify the marking, including [F24 UKPA] letters, in accordance with point 21.A.804(a).

Textual Amendments

F23 Word in Annex 1 point 21.A.451(a)(1)(ii) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(12)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F24 Word in Annex 1 point 21.A.451(a)(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(12)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) Except for type-certificate holders or APU authorisation holders for which point 21.A.44 applies, the holder of a minor repair design approval shall: U.K.

1.

undertake the obligations laid down in points 21.A.4, 21.A.447 and 21.A.449; and

2.

specify the marking, including [F25 UKPA] letters, in accordance with point 21.A.804(a).

Textual Amendments

F25 Word in Annex 1 point 21.A.451(b)(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(12)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F22 Word in Annex 1 point 21.A.451 heading substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 205(12)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)