ANNEX I
Annex I (Part 21) to Regulation (EU) No 748/2012 is amended as follows:
(1)
the table of contents is replaced by the following:
‘
Contents
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 of, a certificate
21.A.3A
Failures, malfunctions and defects
21.A.3B
Airworthiness directives
21.A.4
Coordination between design and production
21.A.5
Record-keeping
21.A.6
Manuals
21.A.7
Instructions for continued airworthiness
SUBPART B – TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES
21.A.11
Scope
21.A.13
Eligibility
21.A.14
Demonstration of capability
21.A.15
Application
21.A.19
Changes requiring a new type-certificate
21.A.20
Demonstration of compliance with the type-certification basis, operational suitability data certification basis and environmental protection requirements
21.A.21
Requirements for the issuance of a type-certificate or restricted type-certificate
21.A.31
Type design
21.A.33
Inspections and tests
21.A.35
Flight tests
21.A.41
Type-certificate
21.A.44
Obligations of the holder
21.A.47
Transferability
21.A.51
Duration and continued validity
21.A.62
Availability of operational suitability data
21.A.65
Continuing structural integrity for aeroplanes structures
(SUBPART C – NOT APPLICABLE)
SUBPART D – CHANGES TO TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES
21.A.90A
Scope
21.A.90B
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 requirements for a major change to a type-certificate
21.A.108
Availability of operational suitability data
21.A.109
Obligations and EPA marking
SUBPART E – SUPPLEMENTAL TYPE-CERTIFICATES
21.A.111
Scope
21.A.112A
Eligibility
21.A.112B
Demonstration of capability
21.A.113
Application for a supplemental type-certificate
21.A.115
Requirements for approval of major changes in the form of a supplemental type-certificate
21.A.116
Transferability
21.A.117
Changes to that part of a product covered by a supplemental type-certificate
21.A.118A
Obligations and EPA marking
21.A.118B
Duration and continued validity
21.A.120B
Availability of operational suitability data
SUBPART F – PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL
21.A.121
Scope
21.A.122
Eligibility
21.A.124
Application
21.A.125A
Issue of a letter of agreement
21.A.125B
Findings
21.A.125C
Duration and continued validity
21.A.126
Production inspection system
21.A.127
Tests: aircraft
21.A.128
Tests: engines and propellers
21.A.129
Obligations of the manufacturer
21.A.130
Statement of conformity
SUBPART G – PRODUCTION ORGANISATION APPROVAL
21.A.131
Scope
21.A.133
Eligibility
21.A.134
Application
21.A.135
Issue of production organisation approval
21.A.139
Quality System
21.A.143
Exposition
21.A.145
Approval requirements
21.A.147
Changes to the approved production organisation
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
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
21.A.175
Language
21.A.177
Amendment or modification
21.A.179
Transferability and reissuance within Member States
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
21.A.207
Amendment or modification
21.A.209
Transferability and reissuance within Member States
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 assurance system
21.A.243
Data
21.A.245
Approval requirements
21.A.247
Changes in design assurance 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
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
21.A.431B
Standard repairs
21.A.432A
Eligibility
21.A.432B
Demonstration of capability
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.439
Production of repair parts
21.A.441
Repair embodiment
21.A.443
Limitations
21.A.445
Unrepaired damage
21.A.451
Obligations and EPA marking
(SUBPART N – NOT APPLICABLE)
SUBPART O – EUROPEAN TECHNICAL STANDARD ORDER AUTHORISATIONS
21.A.601
Scope
21.A.602A
Eligibility
21.A.602B
Demonstration of capability
21.A.603
Application
21.A.604
ETSO authorisation for an auxiliary power unit (APU)
21.A.605
Data requirements
21.A.606
Requirements for issuance of an ETSO authorisation
21.A.607
ETSO authorisation privileges
21.A.608
Declaration of design and performance (DDP)
21.A.609
Obligations of holders of ETSO authorisations
21.A.610
Approval for deviation
21.A.611
Design changes
21.A.615
Inspection by the Agency
21.A.619
Duration and continued validity
21.A.621
Transferability
SUBPART P – PERMIT TO FLY
21.A.701
Scope
21.A.703
Eligibility
21.A.705
Competent authority
21.A.707
Application for permit to fly
21.A.708
Flight conditions
21.A.709
Application for approval of flight conditions
21.A.710
Approval of flight conditions
21.A.711
Issue of a permit to fly
21.A.713
Changes
21.A.715
Language
21.A.719
Transferability
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
21.A.803
Handling of identification data
21.A.804
Identification of parts and appliances
21.A.805
Identification of critical parts
21.A.807
Identification of ETSO articles
SECTION B – PROCEDURES FOR COMPETENT AUTHORITIES
SUBPART A – GENERAL PROVISIONS
21.B.5
Scope
21.B.20
Obligations of the competent authority
21.B.25
Requirements for the organisation of the competent authority
21.B.30
Documented procedures
21.B.35
Changes in organisation and procedures
21.B.40
Resolution of disputes
21.B.45
Reporting/coordination
21.B.55
Record-keeping
21.B.60
Airworthiness directives
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 restricted type-certificate
21.B.85
Designation of applicable environmental protection requirements and certification specifications for a type-certificate or restricted type-certificate
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 basis for a major change to a type-certificate
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 basis for a supplemental type-certificate
21.B.111
Issuance of a supplemental type-certificate
SUBPART F – PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL
21.B.120
Investigation
21.B.125
Findings
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
SUBPART G – PRODUCTION ORGANISATION APPROVAL
21.B.220
Investigation
21.B.225
Findings
21.B.230
Issue of certificate
21.B.235
Continued surveillance
21.B.240
Amendment of a production organisation approval
21.B.245
Suspension and revocation of a production organisation approval
21.B.260
Record-keeping
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 of airworthiness
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
SUBPART K – PARTS AND APPLIANCES
(SUBPART L – NOT APPLICABLE)
SUBPART M – REPAIRS
21.B.450
Type-certification basis and environmental protection requirements for a major repair design approval
21.B.453
Issuance of a repair design approval
(SUBPART N – NOT APPLICABLE)
SUBPART O – EUROPEAN TECHNICAL STANDARD ORDER AUTHORISATIONS
21.B.480
Issuance of an ETSO 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
Appendix I – EASA Form 1 – Authorised Release Certificate;
Appendix II – EASA Forms 15 – Airworthiness Review Certificate;
Appendix III – EASA Form 20a – Permit to Fly;
Appendix IV – EASA Form 20b – Permit to Fly (issued by approved organisations);
Appendix V – EASA Form 24 – Restricted Certificate of Airworthiness;
Appendix VI – EASA Form 25 – Certificate of Airworthiness;
Appendix VII – EASA Form 45 – Noise Certificate;
Appendix VIII – EASA Form 52 – Aircraft Statement of Conformity;
Appendix IX – EASA Form 53 – Certificate of Release to Service;
Appendix X – EASA Form 55 – Production Organisation Approval Certificate;
Appendix XI – EASA Form 65 – Letter of Agreement for production without production organisation approval;
Appendix XII – Categories of flight tests and associated flight test crew qualification 85.’;
(2)
the following points 21.A.5, 21.A.6 and 21.A.7 are inserted:
‘21.A.5 Record-keeping
All relevant design information, drawings and test reports, including inspection records for the product or article tested for the purpose of certification, shall be held by the holder of a type-certificate, restricted type-certificate, supplemental type-certificate, design change or repair design approval or of an ETSO authorisation at the disposal of the Agency and shall be retained in order to provide the information necessary to ensure the continued airworthiness, continued validity of the operational suitability data and the compliance with the applicable environmental protection requirements of the product or the article.
21.A.6 Manuals
The holder of a type-certificate, restricted type-certificate, or supplemental type-certificate shall produce, maintain and update master copies of all manuals or variations in the manuals required by the applicable type-certification basis, the applicable operational suitability data certification basis and the environmental protection requirements for the product or article, and provide copies, on request, to the Agency.
21.A.7 Instructions for continued airworthiness
(a)
The holder of a type-certificate, restricted type-certificate, supplemental type-certificate, design change or repair design approval shall develop or reference the instructions which are necessary for ensuring that the airworthiness standard related to the aircraft type and any associated part is maintained throughout the operational life of the aircraft, when demonstrating compliance with the applicable type-certification basis established and notified by the Agency in accordance with point 21.B.80.
(b)
At least one set of complete instructions for continued airworthiness shall be provided by the holder of:
1.
a type-certificate or restricted type-certificate to each known owner of one or more products upon its delivery or upon the issuance of the first certificate of airworthiness or restricted certificate of airworthiness for the affected aircraft, whichever occurs later,
2.
a supplemental type-certificate or design change approval to all known operators of the product affected by the change upon the release to service of the modified product,
3.
a repair design approval to all known operators of the product affected by the repair upon the release to service of the product in which the repair design is embodied. The repaired product, part or appliance may be released into service before the related instructions for continued airworthiness have been completed, but this shall be for a limited service period, and in agreement with the Agency.
Thereafter, those design approval holders shall make those instructions available on request to any other person required to comply with those instructions.
(c)
By way of derogation from point (b), the type-certificate holder or restricted type-certificate holder may delay the availability of a part of the instructions for continued airworthiness, dealing with long lead accomplishment instructions of a scheduled nature, until after the product or modified product has entered into service, but shall make those instructions available before the use of this data is required for the product or modified product.
(d)
The design approval holder, who is required to provide instructions for continued airworthiness in accordance with point (b), shall also make available changes to those instructions to all known operators of the product affected by the change and, on request, to any other person required to comply with those changes. That design approval holder shall demonstrate to the Agency, on request, the adequacy of the process of making changes to the instructions for continued airworthiness available in accordance with this point.’;
(3)
point 21.A.41 is replaced by the following:
‘21.A.41 Type-certificate
The type-certificate and restricted type-certificate shall include the type design, the operating limitations, the instructions for continued airworthiness, the type-certificate data sheet for airworthiness and emissions, the applicable type-certification basis and environmental protection requirements with which the Agency records compliance, and any other conditions or limitations prescribed for the product in the applicable certification specifications and environmental protection requirements. The aircraft type-certificate and restricted type-certificate shall include in addition the applicable operational suitability data certification basis, the operational suitability data and the type-certificate data sheet for noise. The aircraft type-certificate and restricted type-certificate data sheet shall include the record of CO 2 emissions compliance and the engine type-certificate data sheet shall include the record of exhaust emissions compliance.’;
(4)
point 21.A.44 is replaced by the following:
‘21.A.44 Obligations of the holder
Each holder of a type-certificate or restricted type-certificate shall:
(a)
undertake the obligations laid down in points 21.A.3A, 21.A.3B, 21.A.4, 21.A.55, 21.A.57, 21.A.61, 21.A.62 and 21.A.65; and, for this purpose, shall continue to meet the qualification requirements for eligibility under point 21.A.14; and
(b)
specify the marking in accordance with Subpart Q.’;
As from 18 May 2022, the obligation to comply with the obligations listed under point (a) shall be understood as referring to points 21.A.3A, 21.A.3B, 21.A.4, 21.A.5, 21.A.6, 21.A.7, 21.A.62 and 21.A.65; and, for this purpose, each holder of a type-certificate or restricted type-certificate shall continue to meet the qualification requirements for eligibility under point 21.A.14.
(5)
points 21.A.55, 21.A.57 and 21.A.61 are deleted;
(6)
the following point 21.A.65 is inserted:
‘21.A.65 Continuing structural integrity for aeroplanes structures
The holder of the type-certificate or restricted type-certificate for a large aeroplane shall ensure that the continuing structural integrity programme remains valid throughout the operational life of the aeroplane, taking into account service experience and current operations’;
(7)
in point 21.A.90B(a), point 2 is replaced by the following:
‘2.
that follow design data included in the certification specifications issued by the Agency, containing acceptable methods, techniques and practices for carrying out and identifying standard changes, including the associated instructions for continued airworthiness; and’;
(8)
the following point 21.A.90C is inserted:
‘21.A.90C Stand-alone changes to the Instructions for Continued Airworthiness
(a)
Stand-alone changes to the instructions for continued airworthiness are changes that are not directly prepared as a result of a change to the type design or repair design.
(b)
Stand-alone changes to the instructions for continued airworthiness can only be made by the holder of the design approval for which those instructions have been established.
(c)
Points 21.A.91 to 21.A.109 shall not apply to stand-alone changes to the instructions for continued airworthiness that:
1.
do not affect the airworthiness limitations section of the instructions for continued airworthiness, and
2.
do not require the design approval holder to perform any additional demonstration of compliance with the certification basis.
(d)
Stand-alone changes to the instructions for continued airworthiness referred to in point (c) shall be approved by the design approval holder under procedures agreed with the Agency.’;
(9)
point 21.A.101 is amended as follows:
(a)
the first paragraph of point (b) is replaced by the following:
‘(b)
Except as provided in point (h), by derogation from point (a), an earlier amendment to a certification specification referred to in point (a) and to any other certification specification which is directly related may be used in any of the following situations, unless the earlier amendment became applicable before the date at which the corresponding certification specifications incorporated by reference in the type-certificate became applicable:’;
(b)
the following point (h) is added:
‘(h)
For large aeroplanes subject to point 26.300 of Annex I to Regulation (EU) 2015/640 ( *1 ) , the applicant shall comply with certification specifications that provide at least an equivalent level of safety to points 26.300, 26.320 and 26.330 of Annex I to Regulation (EU) 2015/640, except for applicants for supplemental type-certificates who are not required to take into account point 26.303.
( *1 ) Commission Regulation (EU) 2015/640 of 23 April 2015 on additional airworthines specifications for a given type of operationss and amending Regulation (EU) No 965/2012 ( OJ L 106, 24.4.2015, p. 18 )’."
(10)
points 21.A.105 and 21.A.107 are deleted;
(11)
in point 21.A.109, point (a) is replaced by the following:
‘(a)
undertake the obligations laid down in points 21.A.4, 21.A.5, 21.A.7 and 21.A.108; and’;
(12)
in point 21.A.118A, point (a)(1) is replaced by the following:
‘1.
laid down in points 21.A.3A, 21.A.3B, 21.A.4, 21.A.5, 21.A.6, 21.A.7, and 21.A.120B;’;
(13)
points 21.A.119 and 21.A.120A are deleted;
(14)
point 21.A.307 is replaced by the following:
‘21.A.307 The eligibility of parts and appliances for installation
(a)
A part or appliance is eligible for installation in a type-certified product when it is in a condition for safe operation, marked in accordance with Subpart Q and accompanied by an authorised release certificate (EASA Form 1), certifying that the item was manufactured in conformity with approved design data.
(b)
By way of derogation from point (a) and provided that the conditions in point (c) are met, the following parts or appliances do not require an EASA Form 1 in order to be eligible for installation in a type-certified product:
(1)
a standard part;
(2)
in the case of ELA1 or ELA2, a part or appliance that is:
(i)
not life limited, nor part of the primary structure, nor part of the flight controls;
(ii)
identified for installation in the specific aircraft;
(iii)
to be installed in an aircraft whose owner has verified compliance with the applicable conditions in (i) and (ii), and has accepted responsibility for this compliance;
(3)
a part or appliance for which the consequences of a non-conformity with its approved design data has a negligible safety effect on the product and which is identified as such by the holder of the design approval in the instructions for continued airworthiness. In order to determine the safety effects of a non-conforming part or appliance, the design approval holder may establish in the instructions for continued airworthiness specific verification activities to be conducted by the installer of the part or appliance on the product;
(4)
in the case of the embodiment of a standard change in accordance with point 21.A.90B or a standard repair in accordance with point 21.A.431B, a part or appliance, for which the consequences of a non-conformity with its design data have a negligible safety effect on the product, and which is identified as such in the certification specifications for standard changes and standard repairs issued in accordance with point (a)(2) of point 21.A.90B and point (a)(2) of point 21.A.431B. In order to determine the safety effects of a non-conforming part or appliance, specific verification activities to be conducted by the person that installs the part or appliance on the product may be established in the certification specifications referred to above;
(5)
a part or appliance that is exempted from an airworthiness approval in accordance with Commission Regulation (EU) No 965/2012 ( *2 ) ; and
(6)
a part or appliance that is an item of a higher assembly identified in points (b)(1) to (b)(5).
(c)
Parts and appliances listed in point (b) are eligible for installation in a type-certified product without being accompanied by an EASA Form 1, provided that the installer holds a document issued by the person or organisation that manufactured the part or appliance, which declares the name of the part or appliance, the part number, and the conformity of the part or appliance with its design data, and which contains the issuance date.
( *2 ) Commission Regulation (EU) No 379/2014 of 7 April 2014 amending Commission Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council ( OJ L 123, 24.4.2014, p. 1 ).’."
(15)
in point 21.A.433, point (a) is amended as follows:
(a)
point (3) is replaced by the following:
‘3.
when no feature or characteristic has been identified that may make the product unsafe for the uses for which certification is requested;’;
(b)
the following point (5) is added:
‘5.
when, for a repair to an aeroplane subject to point 26.302 of Annex I to Regulation (EU) 2015/640, it has been demonstrated that the structural integrity of the repair and affected structure is at least equivalent to the level of structural integrity established for the baseline structure by point 26.302 of Annex I to Regulation (EU) 2015/640.’;
(16)
points 21.A.447 and 21.A.449 are deleted;
(17)
point 21.A.451 is amended as follows:
(a)
point (a)(1)(i) is replaced by the following:
‘(i)
laid down in points 21.A.3A, 21.A.3B, 21.A.4, 21.A.5, 21.A.7, 21.A.439, 21.A.441, and 21.A.443;’;
(b)
point (b)(1) is replaced by the following:
‘1.
undertake the obligations laid down in points 21.A.4, 21.A.5 and 21.A.7; and’;
(18)
in point 21.A.609, point (b) is replaced by the following:
‘(b)
prepare and maintain, for each model of each article for which an ETSO authorisation has been issued, a current file of complete technical data and records in accordance with point 21.A.5;’;
(19)
point 21.A.613 is deleted;
(20)
point 21.A.804 is replaced by the following:
‘
21.A.804 Identification of parts and appliances
(a)
Each part or appliance which is eligible for installation in a type-certified product shall be marked permanently and legibly with:
1.
a name, trademark, or symbol identifying the manufacturer in a manner identified by the applicable design data;
2.
the part number, as defined in the applicable design data; and
3.
the letters EPA for parts or appliances produced in accordance with approved design data not belonging to the type-certificate holder of the related product, except for ETSO articles and for parts and appliances covered under point (b) of point 21.A.307.
(b)
By way of derogation from point (a), if the Agency agrees that a part or appliance is too small or that it is otherwise impractical to mark a part or appliance with any of the information required by point (a), the authorised release document accompanying the part or appliance or its container shall include the information that could not be marked on the part or appliance.’;
( *1 ) Commission Regulation (EU) 2015/640 of 23 April 2015 on additional airworthines specifications for a given type of operationss and amending Regulation (EU) No 965/2012 ( OJ L 106, 24.4.2015, p. 18 )’.
( *2 ) Commission Regulation (EU) No 379/2014 of 7 April 2014 amending Commission Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council ( OJ L 123, 24.4.2014, p. 1 ).’.’
