Article 1
Scope and definitions
Article 2
Products, parts and appliances certification
Article 3
Continued validity of type-certificates and related certificates of airworthiness
Article 4
Continued validity of supplemental type-certificates
Article 5
Continued operation of certain aircraft registered by Member States
Article 6
Continued validity of parts and appliances certificates
Article 7
Permit to fly
Article 7a
Operational suitability data
Article 8
Design organisations
Article 9
Production organisations
Article 10
CAA measures
Article 11
Repeal
Article 12
Entry into force
ANNEX I
PART 21
21.1
General
SECTION A
TECHNICAL REQUIREMENTS
SUBPART A —
GENERAL PROVISIONS
21.A.1
Scope
21.A.2
Undertaking by another person than the applicant for, or holder...
21.A.3A
Reporting system
21.A.3B
Airworthiness directives
(a)
An airworthiness directive means a document issued or adopted by...
(b)
The CAA shall issue an airworthiness directive when:
(c)
When an airworthiness directive has to be issued by the...
(d)
An airworthiness directive shall contain at least the following information:...
21.A.4
Coordination between design and production
21.A.5
Record keeping
21.A.6
Manuals
21.A.7
Instructions for continued airworthiness
21.A.8
Access and investigation
SUBPART B —
TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES
21.A.11
Scope
21.A.13
Eligibility
21.A.14
Demonstration of capability
(a)
An applicant for a type-certificate or restricted type-certificate shall demonstrate...
(b)
By way of derogation from point (a), as an alternative...
(c)
By way of derogation from point (a), an applicant may...
21.A.15
Application
(a)
An application for a type-certificate or restricted type-certificate shall be...
(b)
An application for a type-certificate or restricted type-certificate shall include,...
(c)
After its initial submission to the CAA , the certification...
(d)
An application for a type-certificate or restricted type-certificate for an...
(e)
An application for a type-certificate or restricted type-certificate for a...
(f)
In the case where a type-certificate or restricted type-certificate has...
21.A.16A
Certification specifications
21.A.16B
Special conditions
21.A.17A
Type-certification basis
(a)
The type-certification basis to be notified for the issuance of...
(b). . . . . . . . . ....
(c)
In the case where a type-certificate has not been issued,...
(d). . . . . . . . . ....
21.A.17B
Operational suitability data certification basis
21.A.18
Designation of applicable environmental protection requirements and certification specifications
(a)
The applicable noise requirements for the issue of a type...
(b)
The applicable emission requirements for the issue of a type-certificate...
(c). . . . . . . . . ....
21.A.19
Changes requiring a new type-certificate
21.A.20
Demonstration of compliance with the type certification basis, operational suitability...
21.A.21
Requirements for the issuance of a type certificate or restricted...
21.A.23
Issue of a restricted type-certificate
21.A.31
Type design
(a)
The type design shall consist of:
(b)
Each type design shall be adequately identified.
21.A.33
Inspections and tests
21.A.35
Flight Tests
(a)
Flight testing for the purpose of obtaining a type-certificate shall...
(b)
The applicant shall make all flight tests that the CAA...
(c)
(Reserved)
(d)
(Reserved)
(e)
(Reserved)
(f)
The flight tests prescribed in point (b)(2) shall include:
21.A.41
Type-certificate
21.A.44
Obligations of the holder
21.A.47
Transferability
21.A.51
Duration and continued validity
(a)
A type-certificate and restricted type-certificate shall be issued for an...
(b)
Upon surrender or revocation, the type-certificate and restricted type-certificate shall...
21.A.55
Record-keeping
21.A.57
Manuals
21.A.61
Instructions for continued airworthiness
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21.A.62
Availability of operational suitability data
21.A.65
Continuing structural integrity for aeroplane structures
(SUBPART C — NOT APPLICABLE)
SUBPART D —
CHANGES TO TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES
21.A.90A
Scope
21.A.90B
Standard changes
(a)
Standard changes are changes to a type-certificate:
(b)
Points 21.A.91 to 21.A.109 are not applicable to standard changes....
21.A.90C
Stand-alone changes to the instructions for continued airworthiness
21.A.91
Classification of changes to a type-certificate
21.A.92
Eligibility
21.A.93
Application
21.A.95
Requirements for approval of a minor change
21.A.97
Requirements for approval of a major change
21.A.101
Type-certification basis, operational suitability data certification basis and environmental protection...
21.A.103
Issue of approval
21.A.105
Record-keeping
21.A.107
Instructions for continued airworthiness
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21.A.108
Availability of operational suitability data
21.A.109
Obligations and UKPA marking
SUBPART E —
SUPPLEMENTAL TYPE-CERTIFICATES
21.A.111
Scope
21.A.112A
Eligibility
21.A.112B
Demonstration of capability
(a)
An applicant for a supplemental type-certificate shall demonstrate its capability...
(b)
By way of derogation from point (a), as an alternative...
(c)
By way of derogation from point (a), in the case...
21.A.113
Application for a supplemental type-certificate
(a)
An application for a supplemental type-certificate shall be made in...
(b)
When applying for a supplemental type-certificate, the applicant shall:
(c)
Point 21.A.93(c) applies to the requirements for the time limits...
21.A.114
Showing of compliance
21.A.115
Requirements for approval of major changes in the form of...
21.A.116
Transferability
21.A.117
Changes to that part of a product covered by a...
(a)
Minor changes to that part of a product covered by...
(b)
Each major change to that part of a product covered...
(c)
By way of derogation from point (b), a major change...
21.A.118A
Obligations and UKPA marking
21.A.118B
Duration and continued validity
(a)
A supplemental type-certificate shall be issued for an unlimited duration....
(b)
Upon surrender or revocation, the supplemental type-certificate shall be returned...
21.A.119
Manuals
21.A.120A
Instructions for continued airworthiness
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
In addition, changes to those variations of the instructions for...
21.A.120B
Availability of operational suitability data
SUBPART F —
PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL
21.A.121
Scope
(a)
This Subpart establishes the procedure for demonstrating the conformity with...
(b)
This Subpart establishes the rules governing the obligations of the...
21.A.122
Eligibility
21.A.124
Application
(a)
Each application for an agreement to the showing of conformity...
(b)
Such application shall contain:
21.A.124A
Means of compliance
(a)
An organisation may, with prior approval from the CAA, use...
(b)
To obtain prior approval, referred to in point (a), an...
21.A.125A
Issue of a letter of agreement
21.A.125B
Findings and observations
(a)
After receipt of the notification of findings pursuant to point...
(b)
Where observations are received pursuant to point 21.B.125(f), the holder...
21.A.125C
Duration and continued validity
(a)
The letter of agreement must state the period of time...
(b)
Upon surrender, revocation or expiry, the letter of agreement shall...
21.A.126
Production inspection system
(a)
The production inspection system required under point 21.A.125A(a) shall provide...
(b)
The production inspection system required by point 21.A.125A(a), shall also...
21.A.127
Tests: aircraft
(a)
Each manufacturer of an aircraft manufactured under this Subpart shall...
(b)
Each production test procedure shall include at least the following:...
21.A.128
Tests: engines and propellers
21.A.129
Obligations of the manufacturer
21.A.130
Statement of conformity
(a)
Each manufacturer of a product, part or appliance manufactured under...
(b)
A statement of conformity shall include all of the below:...
(c)
Each manufacturer of such a product, part or appliance shall:...
(d)
The CAA shall validate by counter-signature the statement of conformity...
SUBPART G —
PRODUCTION ORGANISATION APPROVAL
21.A.131
Scope
21.A.133
Eligibility
21.A.134
Application
21.A.134A
Means of compliance
21.A.135
Issue of production organisation approval
21.A.139
Production management system
21.A.143
Exposition
21.A.145
Resources
21.A.147
Changes to the approved production organisation
(a)
After the issue of a production organisation approval, each change...
(b)
The CAA shall establish the conditions under which a production...
21.A.148
Changes of location
21.A.149
Transferability
21.A.151
Terms of approval
21.A.153
Changes to the terms of approval
21.A.157
Investigations
21.A.158
Findings and observations
21.A.159
Duration and continued validity
21.A.163
Privileges
21.A.165
Obligations of the holder
SUBPART H —
CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS
21.A.171
Scope
21.A.172
Eligibility
21.A.173
Classification
21.A.174
Application
(a)
Pursuant to point 21.A.172, an application for an airworthiness certificate...
(b)
Each application for a certificate of airworthiness or restricted certificate...
(c)
Unless otherwise agreed, the statements referred to in points (b)(2)(i)...
21.A.175
Language
21.A.177
Amendment or modification
21.A.179
Transferability and re-issuance ...
(a)
Where ownership of an aircraft has changed, it remains on...
(b)
Where ownership of an aircraft has changed, it remains on...
21.A.180
Inspections
21.A.181
Duration and continued validity
21.A.182
Aircraft identification
SUBPART I —
NOISE CERTIFICATES
21.A.201
Scope
21.A.203
Eligibility
21.A.204
Application
(a)
Pursuant to point 21.A.203, an application for a noise certificate...
(b)
Each application shall include:
(c)
Unless otherwise agreed, the statements referred to in point (b)(1)...
21.A.207
Amendment or modification
21.A.209
Transferability and re-issuance ...
21.A.210
Inspections
21.A.211
Duration and continued validity
SUBPART J —
DESIGN ORGANISATION APPROVAL
21.A.231
Scope
21.A.233
Eligibility
21.A.234
Application
21.A.235
Issue of design organisation approval
21.A.239
Design management system
21.A.243
21.A.243 Handbook
21.A.245
Resources
21.A.247
Changes in design management system
21.A.249
Transferability
21.A.251
Terms of approval
21.A.253
Changes to the terms of approval
21.A.257
Investigations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21.A.258
Findings and observations
21.A.259
Duration and continued validity
21.A.263
Privileges
21.A.265
Obligations of the holder
SUBPART K —
PARTS AND APPLIANCES
21.A.301
Scope
21.A.303
Compliance with applicable requirements
21.A.305
Approval of parts and appliances
21.A.307
The eligibility of parts and appliances for installation
(SUBPART L — NOT APPLICABLE)
SUBPART M —
REPAIRS
21.A.431A
Scope
(a)
This Subpart establishes the procedure for the approval of a...
(b)
This Subpart defines standard repairs that are not subject to...
(c)
A ‘ repair ’ means the elimination of damage and/or...
(d)
The elimination of damage by replacement of parts or appliances...
(e)
A repair to an UKTSO article other than an Auxiliary...
(f)
In this Subpart, the references to type-certificates include type-certificates and...
21.A.431B
Standard repairs
(a)
Standard repairs are repairs:
(b)
Points 21.A.432A to 21.A.451 are not applicable to standard repairs....
21.A.432A
Eligibility
(a)
Any natural or legal person that has demonstrated, or is...
(b)
Any natural or legal person shall be eligible to apply...
21.A.432B
Demonstration of capability
(a)
An applicant for approval of a major repair design shall...
(b)
By way of derogation from point (a), as an alternative...
(c)
By way of derogation from point (a), in the case...
21.A.432C
Application for a repair design approval
21.A.433
Requirements for approval of a repair design
21.A.435
Classification and approval of repair designs
21.A.437
Issue of a repair design approval
21.A.439
Production of repair parts
21.A.441
Repair embodiment
(a)
The embodiment of a repair shall be made in accordance...
(b)
The design organisation shall transmit to the organisation performing the...
21.A.443
Limitations
21.A.445
Unrepaired damage
(a)
When a damaged product, part or appliance, is left unrepaired,...
(b)
Where the organisation evaluating the damage under point (a) is...
21.A.447
Record-keeping
21.A.449
Instructions for continued airworthiness
21.A.451
Obligations and UKPA marking
(SUBPART N — NOT APPLICABLE)
SUBPART O —
UNITED KINGDOM TECHNICAL STANDARD ORDER AUTHORISATIONS
21.A.601
Scope
21.A.602A
Eligibility
21.A.602B
Demonstration of capability
21.A.603
Application
(a)
An application for an UKTSO authorisation shall be made in...
(b)
When a series of minor changes in accordance with point...
21.A.604
UKTSO authorisation for an auxiliary power unit (APU)
21.A.605
Data requirements
21.A.606
Requirements for the issuance of an UKTSO authorisation
21.A.607
UKTSO authorisation privileges
21.A.608
Declaration of Design and Performance (DDP)
(a)
The DDP shall contain at least the following information:
(b)
The DDP shall be endorsed with the date and signature...
21.A.609
Obligations of holders of UKTSO authorisations
21.A.610
Approval for deviation
(a)
Each manufacturer who requests approval to deviate from any performance...
(b)
The request for approval to deviate, together with all pertinent...
21.A.611
Design changes
(a)
The holder of the UKTSO authorisation may make minor design...
(b)
Any design change by the holder of the UKTSO authorisation...
(c)
No design change by any natural or legal person other...
21.A.613
Record-keeping
21.A.615
Inspection by the CAA
21.A.619
Duration and continued validity
21.A.621
Transferability
SUBPART P —
PERMIT TO FLY
21.A.701
Scope
(a)
Permits to fly shall be issued in accordance with this...
(b)
This Subpart establishes the procedure for issuing permits to fly...
21.A.703
Eligibility
(a)
Any natural or legal person shall be eligible as an...
(b)
Any natural or legal person shall be eligible for application...
21.A.705
Competent authority
21.A.707
Application for permit to fly
(a)
Pursuant to point 21.A.703 and when the applicant has not...
(b)
Each application for a permit to fly shall include:
(c)
Where the flight conditions are not approved at the time...
21.A.708
Flight conditions
21.A.709
Application for approval of flight conditions
(a)
Pursuant to point 21.A.707(c) and when the applicant has not...
(b)
Each application for approval of the flight conditions shall include:...
21.A.710
Approval of flight conditions
(a)
When approval of the flight conditions is related to the...
(b)
When approval of the flight conditions is not related to...
(c)
Before approving the flight conditions, the CAA or the approved...
21.A.711
Issue of a permit to fly
(a)
A permit to fly (CAA Form 20a, see Appendix III)...
(b)
An appropriately approved design organisation may issue a permit to...
(c)
An appropriately approved production organisation may issue a permit to...
(d)
An approved organisation may issue a permit to fly (...
(e)
The permit to fly shall specify the purpose(s) and any...
(f)
For permits issued under points (b), (c) or (d), a...
(g)
Upon evidence that any of the conditions specified in point...
21.A.713
Changes
(a)
Any change that invalidates the flight conditions or associated substantiation...
(b)
A change affecting the content of the permit to fly...
21.A.715
Language
21.A.719
Transferability
(a)
A permit to fly is not transferable.
(b)
Notwithstanding point (a) for a permit to fly issued for...
21.A.721
Inspections
21.A.723
Duration and continued validity
21.A.725
Renewal of permit to fly
21.A.727
Obligations of the holder of a permit to fly
21.A.729
Record-keeping
SUBPART Q —
IDENTIFICATION OF PRODUCTS, PARTS AND APPLIANCES
21.A.801
Identification of products
(a)
The identification of products shall include the following information:
(b)
Any natural or legal person that manufactures an aircraft or...
(c)
Any natural or legal person that manufactures a propeller, propeller...
(d)
For manned balloons, the identification plate prescribed in point (b)...
21.A.803
Handling of identification data
(a)
No person shall remove, change, or place identification information referred...
(b)
No person shall remove or install any identification plate referred...
(c)
By way of derogation from points (a) and (b), any...
(d)
No person shall install an identification plate removed in accordance...
21.A.804
Identification of parts and appliances
21.A.805
Identification of critical parts
21.A.807
Identification of UKTSO articles
(a)
Each holder of an UKTSO authorisation under Subpart O shall...
(b)
By way of derogation from point (a), if the CAA...
(c)
Each person who manufactures an APU under Subpart G or...
SECTION B
PROCEDURES FOR THE CAA
SUBPART A —
GENERAL PROVISIONS
21.B.5
Scope
21.B.6
Immediate reaction to a safety problem
21.B.20
Obligations of the competent authority
21.B.25
Management system
21.B.30
Allocation of tasks to qualified entities
21.B.35
Changes in the management system
21.B.40
Resolution of disputes
21.B.45
Reporting/coordination
21.B.55
Record keeping
21.B.60
Airworthiness directives
21.B.65
Suspension, limitation and revocation
SUBPART B —
TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES
21.B.70
Certification specifications
21.B.75
Special conditions
21.B.80
Type-certification basis for a type-certificate or restricted type-certificate
21.B.82
Operational suitability data certification basis for an aircraft type-certificate or...
21.B.85
Designation of applicable environmental protection requirements and certification specifications for...
21.B.100
Level of involvement
21.B.103
Issuance of a type-certificate or restricted type-certificate
(SUBPART C — NOT APPLICABLE)
SUBPART D —
CHANGES TO TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES
21.B.105
Type-certification basis, environmental protection requirements and operational suitability data certification...
21.B.107
Issuance of an approval of a change to a type-certificate...
SUBPART E —
SUPPLEMENTAL TYPE-CERTIFICATES
21.B.109
Type-certification basis, environmental protection requirements and operational suitability data certification...
21.B.111
Issuance of a supplemental type-certificate
21.B.115
ddddddddddddddddddddddddddddddddd
SUBPART F —
PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL
21.B.120
Initial certification procedure
21.B.125
Findings and corrective actions; observations
21.B.130
Issue of letter of agreement
21.B.135
Maintenance of the letter of agreement
21.B.140
Amendment of a letter of agreement
21.B.145
Limitation, suspension and revocation of a letter of agreement
21.B.150
Record-keeping
21.B.215
Means of compliance
SUBPART G —
PRODUCTION ORGANISATION APPROVAL
21.B.220
Initial certification procedure
21.B.221
Oversight principles
21.B.222
Oversight programme
21.B.225
Findings and corrective actions; observations
21.B.230
Issue of certificate
21.B.235
Continued surveillance
21.B.240
Changes in the production management system
21.B.245
Suspension and revocation of a production organisation approval
21.B.260
Record-keeping
21.B.265
Means of compliance
SUBPART H —
CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS
21.B.320
Investigation
21.B.325
Issue of airworthiness certificate
21.B.326
Certificate of airworthiness
21.B.327
Restricted certificate of airworthiness
21.B.330
Suspension and revocation of certificates of airworthiness and restricted certificates...
21.B.345
Record-keeping
SUBPART I —
NOISE CERTIFICATES
21.B.420
Investigation
21.B.425
Issue of noise certificates
21.B.430
Suspension and revocation of a noise certificate
21.B.445
Record-keeping
SUBPART J —
DESIGN ORGANISATION APPROVAL
21.B.430
Initial certification procedure
21.B.431
Oversight principles
21.B.432
Oversight programme
21.B.433
Findings and corrective actions; observations
21B.435
Changes in the design management system
SUBPART K —
PARTS AND APPLIANCES
(SUBPART L — NOT APPLICABLE)
SUBPART M —
REPAIRS
21.B.450
Type-certification basis and environmental protection requirements for a repair design...
21.B.453
Issuance of a repair design approval
(SUBPART N — NOT APPLICABLE)
SUBPART O —
UNITED KINGDOM TECHNICAL STANDARD ORDER AUTHORISATIONS
21.B.480
21.B.480 Issuance of a UKTSO authorisation
SUBPART P —
PERMIT TO FLY
21.B.520
Investigation
21.B.525
Issue of permits to fly
21.B.530
Revocation of permits to fly
21.B.545
Record-keeping
SUBPART Q —
IDENTIFICATION OF PRODUCTS, PARTS AND APPLIANCES
Appendices
CAA FORMS
Appendix I
Authorised Release Certificate — CAA Form 1 referred to in...
Instructions for the use of CAA Form 1
1.
PURPOSE AND USE
1.1.
A primary purpose of the certificate is to declare the...
1.2.
Correlation must be established between the certificate and the item(s)....
1.3.
The certificate is acceptable to many airworthiness authorities, but may...
1.4.
The certificate is not a delivery or shipping note.
1.5.
Aircraft are not to be released using the certificate.
1.6.
The certificate does not constitute approval to install the item...
1.7.
A mixture of production released and maintenance released items is...
1.8.
A mixture of items certified in conformity with ‘approved data’...
2.
GENERAL FORMAT
2.1.
The certificate must comply with the format attached including block...
2.2.
The certificate must be in ‘landscape’ format but the overall...
2.3.
The User/Installer responsibility statement can be placed on either side...
2.4.
All printing must be clear and legible to permit easy...
2.5.
The certificate may either be pre-printed or computer generated but...
2.6.
The certificate should be in English ....
2.7.
The details to be entered on the certificate may be...
2.8.
Limit the use of abbreviations to a minimum, to aid...
2.9.
The space remaining on the reverse side of the certificate...
3.
COPIES
3.1.
There is no restriction in the number of copies of...
4.
ERROR(S) ON A CERTIFICATE
4.1.
If an end-user finds an error(s) on a certificate, he...
4.2.
The new certificate must have a new tracking number, signature...
4.3.
The request for a new certificate may be honoured without...
5.
COMPLETION OF THE CERTIFICATE BY THE ORIGINATOR
Block 1
Approving competent authority/Country
Block 2
CAA Form 1 header
Block 3
Form Tracking Number
Block 4
Organisation Name and Address
Block 5
Work Order/Contract/Invoice
Block 6
Item
Block 7
Description
Block 8
Part Number
Block 9
Quantity
Block 10
Serial Number
Block 11
Status/Work
Block 12
Remarks
Block 13a
Mark only one of the two boxes:
1.
Mark the ‘approved design data and are in a condition...
2.
Mark the ‘non-approved design data specified in block 12’ box...
Block 13b
Authorised Signature
Block 13c
Approval/Authorisation Number
Block 13d
Name
Block 13e
Date
Block 14a-14e
General Requirements for blocks 14a-14e:
User/Installer Responsibilities
Appendix II
UK CAA Form 15a – Airworthiness Review Certificate
UK CAA Form 15c – Airworthiness Review Certificate
Appendix III
Appendix IV
Appendix V
Restricted Certificate of Airworthiness — CAA Form 24
Appendix VI
Certificate of Airworthiness — CAA Form 25
Appendix VII
Appendix VIII
Aircraft statement of conformity — CAA Form 52
Appendix IX
CERTIFICATE OF RELEASE TO SERVICE — CAA FORM 53
COMPLETION INSTRUCTIONS
Appendix X
Production Organisation Approval Certificates referred to in Subpart G of...
Appendix XI
Letter of agreement — CAA Form 65— referred to in...
Appendix XII
Categories of flight tests and associated flight test crew qualifications...
A.
General
B.
Definitions
C.
Categories of flight tests
1.
General
2.
Scope
3.
Categories of flight tests
D.
Competence and experience of pilots and lead flight test engineers...
1.
General
1.1.
Competence level 1
1.1.1.
Pilots shall comply with the requirements of Annex I (Part-FCL)...
1.1.2.
Lead flight test engineer shall have:
1.2.
Competence level 2
1.2.1.
Pilots shall comply with the requirements of Annex I (Part-FCL)...
1.2.2.
The lead flight test engineer shall have:
1.3.
Competence level 3
1.3.1.
Pilot(s) shall hold a valid licence appropriate to the category...
1.3.2.
Lead flight test engineer shall:
1.4.
Competence level 4
1.4.1.
Pilot(s) shall hold a valid licence appropriate to the category...
1.4.2.
Competence and experience for lead flight test engineers is defined...
2.
Lead flight test engineers
E.
Competence and experience of other flight test engineers
ANNEX II
ANNEX III
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)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC , and in particular Articles 5(5) and 6(3) thereof,
Whereas:
(1)
Commission Regulation (EC) No 1702/2003 of 24 September 2003 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 has been substantially amended several times . Since further amendments are to be made, it should be recast in the interests of clarity.
(2)
Regulation (EC) No 216/2008 establishes common essential requirements to provide for a high uniform level of civil aviation safety and environmental protection. It requires the Commission to adopt the necessary implementing rules to ensure their uniform application. It establishes the ‘European Aviation Safety Agency’ (hereinafter referred to as the ‘Agency’) to assist the Commission in the development of such implementing rules.
(3)
It is necessary to lay down common technical requirements and administrative procedures to ensure the airworthiness and environmental compatibility of aeronautical products, parts and appliances, subject to Regulation (EC) No 216/2008. Such requirements and procedures should specify the conditions to issue, maintain, amend, suspend or revoke the appropriate certificates.
(4)
Organisations involved in the design and production of products, parts and appliances should be required to comply with certain technical requirements in order to demonstrate their capability and means to discharge their obligations and associated privileges. The Commission is required to lay down measures to specify conditions to issue, maintain, amend, suspend or revoke certificates attesting such compliance.
(5)
In laying down measures for the implementation of common essential requirements in the field of airworthiness, the Commission must take care that they reflect the state of the art and the best practices, take into account worldwide aircraft experience and scientific and technical progress and allow for immediate reaction to established causes of accidents and serious incidents.
(6)
The need to ensure uniformity in the application of common airworthiness and environmental requirements for aeronautical products, parts and appliances requires that common procedures be followed by the competent authorities of the Member States and, where applicable, the Agency to assess compliance with these requirements. The Agency should develop certification specifications and guidance material to facilitate the necessary regulatory uniformity.
(7)
It is necessary to recognise the continuing validity of certificates issued before the entry into force of Regulation (EC) No 1702/2003, in accordance with Article 69 of Regulation (EC) No 216/2008.
(8)
In order to maintain a high uniform level of aviation safety in Europe, it is necessary to introduce changes to requirements and procedures for the certification of aircraft and related products, parts and appliances and of design and production organisations, in particular to elaborate the rules related to the demonstration of compliance with the type-certification basis and environmental protection requirements and to introduce the possibility to choose to comply with later standards for changes to type-certificates.
(9)
The concept and complexity of auxiliary power units (APU) resembles that of aircraft engines and in some cases APU designs are even derived from engine designs. Changes to provisions for repairs to APU are therefore needed to restore consistency with repairs process to engines.
(10)
In order to subject non-complex motor-powered aircraft, recreational aircraft and related products, parts and appliances to measures that are proportionate to their simple design and type of operation, while maintaining a high uniform level of aviation safety in Europe, it is necessary to introduce changes to requirements and procedures for the certification of those aircraft and related products, parts and appliances and of design and production organisations and in particular, for the owners of European Light Aircraft below 2 000 kg (ELA2) or below 1 200 kg (ELA1), to introduce the possibility to accept certain not safety critical parts for installation without an EASA Form 1.
(11)
The Agency prepared draft implementing rules and submitted them as opinions No 01/2009 on ‘Possibility to deviate from airworthiness code in case of design changes’, No 02/2009 on ‘Repair and design changes to European Technical Standard Order’, No 01/2010 on ‘SubPart J DOA’ and Opinion No 01/2011 on ‘ELA Process and “standard changes and repairs”’ to the Commission in accordance with Article 19(1) of Regulation (EC) No 216/2008.
(12)
The measures provided for in this Regulation are in accordance with the opinion of the European Aviation Safety Agency Committee established by Article 65(1) of Regulation (EC) No 216/2008,
HAS ADOPTED THIS REGULATION:
OJ L 79, 19.3.2008, p. 1.
OJ L 243, 27.9.2003, p. 6.
See Annex II.