Commission Delegated Regulation (EU) 2021/699 of 21 December 2020 amending and correcting Regulation (EU) No 748/2012 as regards the instructions for continued airworthiness, the production of parts to be used during maintenance and the consideration of ageing aircraft aspects during certification
Date: 2020-12-21
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Community certification, air safety, aircraft, civil aviation, environmental standard, product design, quality standard, safety standard, technical standard




L_2021145EN.01000101.xml










28.4.2021   


EN


Official Journal of the European Union


L 145/1








            COMMISSION DELEGATED REGULATION (EU) 2021/699
of 21 December 2020
         
amending and correcting Regulation (EU) No 748/2012 as regards the instructions for continued airworthiness, the production of parts to be used during maintenance and the consideration of ageing aircraft aspects during certification


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to 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 (1), and in particular Article 19(1) thereof,

Whereas:







(1)


Commission Regulation (EU) No 748/2012 (2) lays down the requirements for the development and availability of instructions for continued airworthiness, for the production of parts and appliances to be installed in civil aircraft, for design approval holders to produce the data, procedures, instructions and manuals necessary to ensure the continued airworthiness of a civil aircraft, as well as for the approval of changes and repairs to type certificates and restricted type certificates.












(2)


Instructions for continued airworthiness have to be developed by design approval holders as part of the product or part certification which, if properly implemented, should ensure that the product or part remains airworthy during its intended life. As the existing rules are not clear enough, type-certificate holders may interpret differently what is a complete set of instructions for continued airworthiness and to what level they are required to control the data that constitutes the instructions for continued airworthiness.












(3)


Therefore, it is necessary to provide a definition for ‘instructions for continued airworthiness’ and to establish instructions for continued airworthiness as part of the type certificate in order to strengthen their control by the design approval holder, including the amendments to the instructions for continued airworthiness.












(4)


The requirements for record keeping, manuals and instructions for continued airworthiness are spread among the various subparts of Annex I (Part 21) to Regulation (EU) No 748/2012, leading to duplication of similar requirements. Therefore, those requirements should be merged into a single requirement for each of those subjects.












(5)


A part or appliance is only eligible for installation in a type-certified product, when it is in a condition for safe operation and an EASA Form 1 is issued to certify that the part or appliance was manufactured in conformity with approved design data, unless it is a standard part or it meets certain requirements and is installed in an ELA 1 or in an ELA 2.












(6)


An EASA Form 1 can only be issued by a production organisation which is approved in accordance with Subpart G of Annex I (Part 21) to Regulation (EU) No 748/2012, or which demonstrates the conformity of parts and appliances with the applicable design data in accordance with the procedures established in Subpart F of Annex I (Part 21) to Regulation (EU) No 748/2012. In the latter case, the EASA Form 1 issued by the production organisation also has to be validated by the competent authority. For parts and appliances for which their effect on the safety of the operation of aircraft is negligible in case of non-conformity with their design, a high production standard, as certified with an EASA Form 1, does not provide additional safety for air operations, and the issuance of an EASA Form 1 creates an unnecessary administrative burden.












(7)


Therefore, it should be permitted to produce certain parts and appliances without the need to certify their conformity with the approved design data through the issuance of an EASA Form 1, as well as to permit the installation of such parts and appliances in type-certified products.












(8)


Any aircraft could be considered to be ageing from the moment of its manufacture. The ageing of an aircraft depends on such factors as age, the number of flight cycles and the number of flight hours. Service experience has shown that there is a need to continuously update knowledge about the structural integrity of ageing aircraft. Commission Implementing Regulation (EU) 2020/1159 (3) introduced new requirements for aircraft in service in order to keep up to date knowledge about ageing factors on the basis of real-time operational experience and with the use of modern tools of analysis and testing. Those requirements should ensure that design approval holders follow procedures, produce the data and make instructions and manuals for existing design available to operators for them to implement in a timely manner in order to prevent ageing structure failures.












(9)


When the structure of a type-certified large aeroplane is modified and after complying with Implementing Regulation (EU) 2020/1159, the approval of such future changes or repairs is not subject to these requirements for continuing structural integrity. Furthermore, when a new type certificate or restricted type certificate for large aeroplanes is applied for, no requirement exists to ensure that the continuing structural integrity programme remains valid throughout the operational life of the aeroplane.












(10)


Therefore, it is necessary to amend existing rules to achieve the same level of safety when large aeroplane structure will be subject to future structural changes or repairs developed and approved in accordance with Regulation (EU) No 748/2012, and to add a requirement that any future 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.












(11)


Furthermore, the recent Commission Implementing Regulation (EU) 2019/1383 (4) introduced a rule that the person or organisation that conducts an airworthiness review on aircraft subject to requirements set out in Annex Vb (Part-ML) to Commission Regulation (EU) No 1321/2014 (5) also issues the Airworthiness Review Certificate (ARC). Points 21.A.174 and 21.B.325 of Annex I to Regulation (EU) No 748/2012 should therefore be amended to align with the requirements set out in Regulation (EU) No 1321/2014.












(12)


Furthermore, the term ‘continued airworthiness’ is not used consistently in Regulation (EU) No 748/2012, when referring to the data established by the design approval holder. Therefore, it is necessary to correct points 21.A.181, 21.A.211 and 21.A.431B of Annex I to Regulation (EU) No 748/2012.












(13)


Commission Delegated Regulation (EU) 2019/897 (6) amended points 21.A.15, 21.A.93 and 21.A.432C of Annex I to Regulation (EU) No 748/2012. In points (b) and (d) of point 21.A.15, in point (b) of point 21.A.93 and in point (b) of point 21.A.432C a grammatical error occurred when referring to the possibility of supplementing the initial application later with the certification programme. Regulation (EU) No 748/2012 should therefore be corrected.












(14)


In order to ensure the proper implementation of this Regulation, Member States and affected stakeholders should be given sufficient time to adapt their procedures to the new regulatory framework before this Regulation applies.












(15)


The measures provided for in this Regulation are in accordance with Opinions 12/2016 (7) and 07/2019 (8) of the European Union Aviation Safety Agency submitted pursuant to Article 76(1) of Regulation (EU) 2018/1139,





HAS ADOPTED THIS REGULATION:



Article 1
Regulation (EU) No 748/2012 is amended as follows:






(1)


in Article 9, paragraph 1 is replaced by the following:

‘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). 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 (i.e. EASA Form 1).’;











(2)


Annex I is amended in accordance with Annex I to this Regulation.






Article 2
Annex I to Regulation (EU) No 748/2012 is corrected in accordance with Annex II to this Regulation.


Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall apply from 18 May 2022, with the exception of Article 2 and point 4, point 6, point 9 and point 15 of Annex I which shall apply from 18 May 2021.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2020.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 212, 22.8.2018, p. 1.

(2)  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 (OJ L 224, 21.8.2012, p. 1).

(3)  Commission Implementing Regulation (EU) 2020/1159 of 5 August 2020 amending Regulation (EU) No 1321/2014 and (EU) 2015/640 as regards the introduction of new additional airworthiness requirements (OJ L 257, 6.8.2020, p. 14).

(4)  Commission Implementing Regulation (EU) 2019/1383 of 8 July 2019 amending and correcting Regulation (EU) No 1321/2014 as regards safety management systems in continuing airworthiness management organisations and alleviations for general aviation aircraft concerning maintenance and continuing airworthiness management (OJ L 228, 4.9.2019, p. 1).

(5)  Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1).

(6)  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 (OJ L 144, 3.6.2019, p. 1).

(7)  Opinion 12/2016: Ageing aircraft structures.

(8)  Opinion 07/2019: Instructions for continued airworthiness – Installation of parts and appliances that are released without an EASA Form 1 or equivalent.




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 CO2 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).’.’





ANNEX II
Annex I (Part 21) to Regulation (EU) No 748/2012 is corrected as follows:






(1)


point 21.A.15 is corrected as follows:






(a)


the first paragraph of point (b) is replaced by the following:






‘(b)


An application for a type-certificate or restricted type-certificate shall include, as a minimum, preliminary descriptive data of the product, the intended use of the product and the kind of operations for which certification is requested. In addition, it shall include, or be supplemented after the initial application by, a certification programme for the demonstration of compliance in accordance with point 21.A.20, consisting of:’;














(b)


point (d) is replaced by the following:






‘(d)


An application for a type-certificate or restricted type-certificate for an aircraft shall include, or be supplemented after the initial application by, an application supplement for approval of the operational suitability data.’;


















(2)


point 21.A.93 is corrected as follows:






(a)


the first paragraph of point (b) is replaced by the following:






‘(b)


An application shall include, or be supplemented after the initial application by, a certification programme for the demonstration of compliance in accordance with point 21.A.20, consisting of:’;














(b)


point (2) of point (c) is replaced by the following:






‘2.


apply for an extension of the time period provided for in the first sentence of point (c) for the original application and propose a new date for the issuance of the approval. In that case, the applicant shall comply with the type-certification basis, operational suitability data certification basis and environmental protection requirements, as established by the Agency in accordance with point 21.A.101 and notified in accordance with point 21.B.105, for a date to be selected by the applicant. However, that date shall not precede the new date proposed by the applicant for the issuance of the approval by more than five years for an application for a change to type-certificate or restricted type-certificate for a large aeroplane or a large rotorcraft, and by more than three years for an application for a change to any other type-certificate or restricted type certificate.’;


















(3)


in point 21.A.174, point (ii) of point (b)(3) is replaced by the following:






‘(ii)


a non-member State:






—


a statement by the competent authority of the State where the aircraft is, or was, registered, reflecting the airworthiness status of the aircraft on its register at the time of transfer;










—


a weight and balance report with a loading schedule;










—


the flight manual when such a manual is required by the airworthiness code for the aircraft;










—


historical records to establish the production, modification and maintenance standard of the aircraft, including all limitations associated with a restricted certificate of airworthiness issued in accordance with point 21.B.327;










—


a recommendation for the issuance of a certificate of airworthiness or restricted certificate of airworthiness and for an airworthiness review certificate pursuant to an airworthiness review in accordance with Annex I (Part-M) to Regulation (EU) No 1321/2014 (*1) or an airworthiness review certificate in accordance with Annex Vb (Part-ML) to Regulation (EU) No 1321/2014.










—


the date on which the first certificate of airworthiness was issued and, if the standards of Volume III of Annex 16 to the Chicago Convetnion apply, the CO2 metric value data.;









(*1)  Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1).’;"
                        










(4)


in point 21.A.181, point (1) of point (a) is replaced by the following:






‘1.


compliance with the applicable type-design and continued airworthiness requirements; and’;














(5)


in point 21.A.211, point (1) of point (a) is replaced by the following:






‘1.


compliance with the applicable type-design, environmental protection and continued airworthiness requirements; and’;














(6)


in point 21.A.431B, point (2) of point (a) is replaced by the following:






‘(2)


that follow design data included in certification specifications issued by the Agency, containing acceptable methods, techniques and practices for carrying out and identifying standard repairs, including the associated instructions for continued airworthiness; and’;














(7)


in point 21.A.432C, the first paragraph of point (b) is replaced by the following:






‘(b)


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














(8)


in point 21.A.711, point (d) is replaced by the following:






‘(d)


An approved organisation may issue a permit to fly (EASA Form 20b, see Appendix IV) under the privilege granted in accordance with point M.A.711 of Annex I (Part-M) of Regulation (EU) No 1321/2014 or point CAMO.A.125 of Annex Vc (Part-CAMO) of Regulation (EU) No 1321/2014 or point CAO.A.095 of Annex Vd (Part-CAO) of Regulation (EU) No 1321/2014, when the flight conditions referred to in point 21.A.708 of this Annex have been approved in accordance with point 21.A.710 of this Annex;’;














(9)


in point 21.B.325, point (c) is replaced by the following:






‘(c)


For aircraft originating from a non-member State, in addition to the appropriate airworthiness certificate referred to in point (a) or (b), the competent authority of the Member State of registry shall issue:






1.


for new or used aircraft subject to Annex I (Part-M) to Commission Regulation (EU) No 1321/2014, an initial airworthiness review certificate (EASA Form 15a, Appendix II);










2.


for new aircraft subject to Annex Vb (Part-ML) to Commission Regulation (EU) No 1321/2014, an initial airworthiness review certificate (EASA Form 15c, Appendix II);










3.


for used aircraft subject to Annex Vb (Part-ML) to Commission Regulation (EU) No 1321/2014, an initial airworthiness review certificate (EASA Form 15c, Appendix II), when the competent authority has performed the airworthiness review.’


















(10)


in Appendix II, EASA 15c – Airworthiness review certificate is replaced by the following:

                                 ‘
                                 Airworthiness Review Certificate – EASA Form 15c

NOTE: persons and organisations performing the airworthiness review in combination with the 100-h/annual inspection may use the reverse side of this form in order to issue the CRS referred to in point ML.A.801 corresponding to the 100-h/annual inspection.






AIRWORTHINESS REVIEW CERTIFICATE (ARC) (for aircraft complying with Part-ML)

ARC reference: ………..
Pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council:
[NAME OF THE COMPETENT AUTHORITY] (**)
hereby certifies that:
☐…..it has performed an airworthiness review in accordance with Regulation (EU) No 1321/2014 on the following aircraft:
[or]
☐.….the following new aircraft:
Aircraft manufacturer:………………………………….Manufacturer’s designation:……………………………
Aircraft registration:……………………………………Aircraft serial number:………………………………….
(and that this aircraft) is considered airworthy at the time of the review.
Date of issue: ..................................................................Date of expiry: …………………………………………..
Airframe flight hours (FH) at date of review (*): ………………………………………………………………..
Signed: ............................................................................Authorisation No (if applicable): ……………………….
[OR]
[NAME OF APPROVED ORGANISATION, ADDRESS and APPROVAL REFERENCE] (**)
[or]
[FULL NAME OF THE CERTIFYING STAFF AND PART-66 LICENCE NUMBER (OR NATIONAL EQUIVALENT)] (**)
hereby certifies that it has performed an airworthiness review in accordance with Regulation (EU) No 1321/2014 on the following aircraft:
Aircraft manufacturer:………………………………….Manufacturer’s designation:……………………………
Aircraft registration:……………………………………Aircraft serial number:………………………………….
and that this aircraft is considered airworthy at the time of the review.
Date of issue: ..................................................................Date of expiry: …………………………………………..
Airframe flight hours (FH) at date of review (*): ………………………………………………………………..
Signed: ............................................................................Authorisation No (if applicable): ……………………….
===================================================================================
1st extension: The aircraft complies with the conditions of ML.A.901(c) of Annex Vb (Part-ML)
Date of issue: ..................................................................Date of expiry: …………………………………………..
Airframe flight hours (FH) at date of issue (*): …………………………………………………… ………………
Signed: ............................................................................Authorisation No: ………………………
Company name: .............................................................Approval reference: ……………………………………...
===================================================================================
2nd extension: The aircraft complies with the conditions of ML.A.901(c) of Annex Vb (Part-ML)
Date of issue: ..................................................................Date of expiry: …………………………………………..
Airframe flight hours (FH) at date of issue (*): …………………………………………………… ………………
Signed: ............................................................................Authorisation No: ………………………
Company name: .............................................................Approval reference: ……………………………………...










(*)


Except for balloons and airships










(**)


The issuer of the Form can tailor it to his need by deleting the name, the certifying statement, the reference to the subject aircraft and the issuance details that are not relevant for his use.




EASA Form 15c, Issue 4’.






(*1)  Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1).’;’