COMMISSION REGULATION (EC) No 1194/2009
of 30 November 2009
amending Regulation (EC) No 1702/2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances as well as for certification of design and production organisations
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,
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 (1), and in particular Article 5(5) thereof,
Whereas:
(1)
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 introduce the definition of the concept of principal place of business; to improve the content of the Authorised Release Certificate ‘EASA Form 1’ and to revise the provisions on permit to fly.
(2)
Commission Regulation (EC) No 1702/2003 (2) should therefore be amended accordingly.
(3)
The measures provided for in this Regulation are based on the opinions (3) issued by the European Aviation Safety Agency (hereinafter the Agency) in accordance with Articles 17(2)(b) and 19(1) of Regulation (EC) No 216/2008.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of the Regulation (EC) No 216/2008,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1702/2003 is amended as follows:
1.
in Article 1(2), the following points (e), (f), (g) and (h) are added:
‘(e)
“principal place of business” means the head office or registered office of the undertaking within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised;
(f)
“article” means any part and appliance to be used on civil aircraft;
(g)
“ETSO” means European Technical Standard Order. The European Technical Standard Order is a detailed airworthiness specification issued by the Agency to ensure compliance with the requirements of this Regulation as a minimum performance standard for specified articles;
(h)
“EPA” means European Part Approval. The European part Approval means the article has been produced in accordance with approved design data not belonging to the type-certificate holder of the related product, except for ETSO articles.’;
2.
in Article 3, paragraph 5, the reference to ‘21A.112’ is replaced by ‘21A.112A’;
3.
in Article 5, the following paragraph 5 is added:
‘5. By way of derogation from paragraph 1, production organisations approved in accordance with Section A of Subparts F and G of the Annex (Part 21) to this Regulation may continue to issue Authorised Release Certificates or statements of conformity using the EASA Form 1, initial issue, as laid down in Appendix I of the Annex (Part 21) to this Regulation until 28 September 2010.’;
4.
the Annex (Part 21) is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 November 2009.