Text With EEA Relevance
Text With EEA Relevance
Text With EEA Relevance
2003
THE COMMISSION OF THE EUROPEAN COMMUNITIES, sion is required to adopt measures to specify conditions
to issue, maintain, amend, suspend or revoke certificates
attesting such compliance.
Having regard to the Treaty establishing the European
Community,
Whereas:
(6) The need to ensure uniformity in the application of
common airworthiness and environmental requirements
(1) The basic Regulation establishes common essential for aeronautical products, parts and appliances requires
that common procedures be followed by the competent
requirements to provide for a high uniform level of civil
authorities of the Member States and, where applicable,
aviation safety and environmental protection; it requires
the Agency to assess compliance with these require-
the Commission to adopt the necessary implementing
ments; the Agency should develop certification specifica-
rules to ensure their uniform application; it establishes
tions and guidance material to facilitate the necessary
the ‘European Aviation Safety Agency’ (hereinafter
regulatory uniformity.
referred to as the ‘Agency’) to assist the Commission in
the development of such implementing rules.
(2) Existing aviation requirements in the field of airworthi- (7) For this purpose, it is necessary to permit a smooth tran-
ness as listed in Annex II to Council Regulation (EEC) sition to the new regulatory framework of the Agency
No 3922/91 (3), as last amended by Commission Regula- ensuring that a high and uniform level of civil aviation
tion (EC) No 2871/2000 (4), will be repealed as from 28 safety in the Community is maintained; it is necessary to
September 2003. provide sufficient time for the aeronautical industry and
Member State administrations to adapt to this new
framework and to recognise the continuing validity of
certificates issued before the entry into force of this
(3) It is necessary to adopt common technical requirements Regulation, in accordance with Article 57 of the basic
and administrative procedures to ensure the airworthi- Regulation.
ness and environmental compatibility of aeronautical
products, parts and appliances, subject to the basic
Regulation; such requirements and procedures should
specify the conditions to issue, maintain, amend,
suspend or revoke the appropriate certificates. (8) The measures provided by this Regulation are based on
the opinion issued by the Agency (5) in accordance with
Articles 12(2)(b) and 14(1) of the basic Regulation.
(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
(9) The measures provided for in this Regulation are in
their obligations and associated privileges; the Commis-
accordance with the opinion of the European Aviation
Safety Agency Committee established by Article 54(3) of
(1) OJ L 240, 7.9.2002, p. 1. the basic Regulation,
(2) See page 5 of this Official Journal.
(3) OJ L 373, 31.12.1991, p. 4.
(4) OJ L 333, 29.12.2000, p. 47. (5) 1.9.2003.
27.9.2003 EN Official Journal of the European Union L 243/7
HAS ADOPTED THIS REGULATION: 3. With regard to a product that has a type-certificate issued
before 28 September 2003 by a Member State, the following
provisions shall apply:
Article 1
(a) Such a product shall be deemed to have a type-certificate
Scope and definitions issued in accordance with this Regulation when:
(d) ‘Part M’ means the applicable continuing airworthiness (b) The design of an individual aircraft, which is on the register
requirements adopted in pursuance to the basic Regulation. of a Member State before 28 September 2003, shall be
deemed to have been approved in accordance with this
Regulation when:
Article 2 (i) its basic type design is part of a type-certificate referred
to in paragraph (a);
Products, parts and appliances certification
(ii) all changes to this basic type design, which are not
under the responsibility of the type-certificate holder,
1. Products, parts and appliances shall be issued certificates have been approved; and
as specified in Part 21.
(iii) the airworthiness directives issued or adopted by the
2. By way of derogation from paragraph 1, aircraft, Member State of registry before 28 September 2003
including any installed product, part and appliance, which are are complied with, including any variations to the
not registered in a Member State shall be exempted from the airworthiness directives of the State of design agreed
provisions of Subparts H and I of Part 21. by the Member State of registry.
L 243/8 EN Official Journal of the European Union 27.9.2003
(c) The Agency shall determine the type-certificate of the (d) the compliance findings made under JAA or Member State
products not meeting paragraph (a) before 28 March 2007. procedures shall be deemed to have been made by the
Agency for the purpose of complying with 21A.115(a) of
(d) The Agency shall determine the type-certificate data sheet Part 21.
for noise for all products covered by paragraph (a) before
28 March 2007. Until such determination, Member States
may continue to issue noise certificates in accordance with 7. With regard to products that have a national type-certifi-
applicable national regulations. cate, or equivalent, and for which the approval process of a
major repair design carried out by a Member State is not fina-
4. With regard to products for which a type-certification lised at the time when the type-certificate is determined in
process is proceeding through the JAA or a Member State on accordance with this Regulation, compliance findings made
28 September 2003: under JAA or Member State procedures shall be deemed to
have been made by the Agency for the purpose of complying
(a) if a product is under certification by several Member States, with 21A.433(a) of Part 21.
the most advanced project shall be used as the reference;
(b) 21A.15(a), (b) and (c) of Part 21 shall not apply; 8. With regard to parts and appliances for which an
approval or authorisation process is being carried out by a
(c) by way of derogation from 21A.17(a) of Part 21, the type- Member State on 28 September 2003:
certification basis shall be that established by the JAA or,
where applicable, the Member State at the date of applica- (a) if an authorisation process is being carried out by several
tion for the approval; Member States, the most advanced project shall be used as
the reference;
(d) compliance findings made under JAA or Member State
procedures shall be deemed to have been made by the
Agency for the purpose of complying with 21A.20(a) and (b) 21A.603 of Part 21 shall not apply;
(b) of Part 21;
(c) the applicable data requirements under 21A.605 of Part 21
5. With regard to products that have a national type-certifi- shall be those established by the relevant Member State, at
cate, or equivalent, and for which the approval process of a the date of application for the approval or authorisation;
change carried out by a Member State is not finalised at the
time when the type-certificate is determined in accordance with (d) compliance findings made by the relevant Member State
this Regulation: shall be deemed to have been made by the Agency for the
purpose of complying with 21A.606(b) of Part 21.
(a) if an approval process is being carried out by several
Member States, the most advanced project shall be used as
the reference; 9. A certificate of airworthiness issued by a Member State
attesting conformity with a type-certificate determined in accor-
(b) 21A.93 of Part 21 shall not apply; dance with paragraph 3 shall be deemed to comply with this
Regulation.
(c) the applicable type-certification basis shall be that estab-
lished by the JAA or, where applicable, the Member State
at the date of application for the approval of change; 10. Pending Agency determination under point (c) of para-
graph 3, aircraft types which are permitted to fly by a Member
(d) compliance findings made under JAA or Member State State before 28 September 2003 and which cannot be issued a
procedures shall be deemed to have been made by the type-certificate in accordance with paragraph 3 shall remain
Agency for the purpose of complying with 21A.103(a)(2) under the responsibility of the Member State of registry under
and (b) of Part 21. applicable national regulations.
12. Where reference is made in Part 21 to apply and/or to September 2003 an appropriate design organisation approval
comply with the provisions of Part M and Part M is not in issued by a Member State under applicable JAA procedures
force, the relevant national rules shall apply instead. shall demonstrate its capability before 28 September 2005 in
accordance with Part 21, 21A.112, 21A.432B, or in the case of
an Auxiliary Power Unit, 21A.602B.
13. Approvals of parts and appliances issued by a Member
State and valid on 28 September 2003 shall be deemed to have
been issued in accordance with this Regulation. 6. With regard to organisations for which a design organisa-
tion approval is proceeding through a Member State on 28
September 2003 under applicable JAA procedures:
14. With regard to supplemental type-certificates issued by a
Member State under JAA procedures or applicable national
procedures and with regard to changes to products proposed 1. 21A.234 of Part 21 shall not apply;
by persons other than the type-certificate holder of the product,
approved by a Member State under applicable national proce- 2. compliance findings made under JAA procedures shall be
dures, where the supplemental type-certificate, or change, is deemed to have been made by the Agency for the purpose
valid on 28 September 2003, the supplemental type-certificate, of complying with 21A.245 of Part 21.
or change, shall be deemed to have been issued under this
Regulation.
Article 4
Article 3
Production organisations
Design organisations
2. By way of derogation from paragraph 1, an organisation 2. By way of derogation from paragraph 1, a manufacturer
whose principal place of business is in a non-member State whose principal place of business is in a non-member State
may demonstrate its capability by holding a certificate issued may demonstrate its capability by holding a certificate issued
by that State for the product, part and appliance for which it by that State for the product, part and appliance for which it
applies, provided: applies, provided:
(a) that State is the State of design; and (a) that State is the State of manufacture; and
(b) the Agency has determined that the system of that State (b) the Agency has determined that the system of that State
includes the same independent level of checking of compli- includes the same independent level of checking of compli-
ance as provided by this Regulation, either through an ance as provided by this Regulation, either through an
equivalent system of approvals of organisations or through equivalent system of approvals of organisations or through
direct involvement of the competent authority of that State. direct involvement of the competent authority of that State.
3. Design organisation approvals issued or recognised by a 3. Production organisation approvals issued or recognised
Member State in accordance with the JAA requirements and by a Member State in accordance with the JAA requirements
procedures and valid before 28 September 2003 shall be and procedures and valid before 28 September 2003 shall be
deemed to comply with this Regulation. In such case, the deemed to comply with this Regulation. In such case, the
period for closure of level two findings, referred to in Subpart J period for closure of level two findings, referred to in Subpart
of Part 21, shall not exceed one year when those findings are G of Part 21, shall not exceed one year when those findings are
associated with differences with previous applicable JAR. associated with differences with previous applicable JAR.
6. With regard to organisations for which a production 2. By way of derogation from 21A.159 of Part 21, Member
organisation approval is proceeding through a Member State States may issue approvals of a limited duration until 28
on 28 September 2003 under applicable JAA procedures: September 2005.
(a) 21A.134 of Part 21 shall not apply;
3. By way of derogation from 21A.181 of Part 21, Member
(b) compliance findings made under JAA procedures shall be States may issue certificates of a limited duration until 28
deemed to have been made by the Agency for the purpose September 2008.
of complying with 21A.145 of Part 21.
4. When a Member State makes use of the provisions of
Article 5 paragraphs 2 or 3 it shall notify the Commission and the
Agency.
Entry into force
1. This Regulation shall enter into force on 28 September 5. The Agency shall make, in due time, an evaluation of the
2003, except for 21A.804(a)(3) of Part 21 which shall enter implication of the provisions of this Regulation on the duration
into force on 28 March 2004 and Subparts H of Part 21 which of the validity of approvals in view of producing an opinion to
shall enter into force on 28 September 2004. the Commission including possible amendments to it.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
PART 21
Certification of aircraft and related products, parts and appliances, and of design and production organisations
Page
21.1 General . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 17
SECTION A . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 17
REQUIREMENTS FOR APPLICANTS AND ACQUIRED RIGHTS AND OBLIGATIONS . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 17
SUBPART A — GENERAL PROVISIONS . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 17
21A.1 Scope . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 17
21A.2 Undertaking by another person than the applicant for, or holder of, a certificate . . . . . . . .. . . . . . . . .. . . . . . . . .. 17
21A.3 Failures, malfunctions and defects .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 17
21A.3B Airworthiness directives . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 18
21A.4 Coordination between design and production . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 18
SUBPART B — TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 18
21A.11 Scope . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 18
21A.13 Eligibility . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 18
21A.14 Demonstration of capability . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 18
21A.15 Application . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 19
21A.16A Airworthiness codes . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 19
21A.16B Special conditions . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 19
21A.17 Type-certification basis . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 20
21A.18 Designation of applicable environmental protection requirements and certification specifications . . . . . .. 20
21A.19 Changes requiring a new type-certificate . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 20
21A.20 Compliance with the type-certification basis and environmental protection requirements . . . . . .. . . . . . . . .. 21
21A.21 Issue of a type-certificate . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 21
21A.23 Issue of a restricted type-certificate . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 21
21A.31 Type design .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 21
21A.33 Investigation and tests . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 22
21A.35 Flight Tests . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 22
21A.41 Type-certificate . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 22
21A.44 Obligations of the holder . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 23
21A.47 Transferability . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 23
21A.51 Duration and continued validity . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 23
21A.55 Record keeping . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 23
21A.57 Manuals . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 23
21A.61 Instructions for continued airworthiness . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 23
(SUBPART C — NOT APPLICABLE) . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 24
SUBPART D — CHANGES TO TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES . . . . . . .. . . . . . . . .. . . . . . . . .. 24
21A.90 Scope . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 24
21A.91 Classification of changes in type design . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 24
L 243/12 EN Official Journal of the European Union 27.9.2003
Page
21A.92 Eligibility . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 24
21A.93 Application . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 24
21A.95 Minor changes . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 24
21A.97 Major changes . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 24
21A.101 Designation of applicable certification specifications and environmental protection requirements . . . . . .. 25
21A.103 Issue of approval . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 25
21A.105 Record keeping . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 26
21A.107 Instructions for continued airworthiness . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 26
21A.109 Obligations and EPA marking . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 26
SUBPART E — SUPPLEMENTAL TYPE-CERTIFICATES .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 26
21A.111 Scope . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 26
21A.112 Eligibility . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 26
21A.112B Demonstration of capability . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 26
21A.113 Application for a supplemental type-certificate . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 26
21A.114 Showing of compliance . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 27
21A.115 Issue of a supplemental type-certificate . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 27
21A.116 Transferability . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 27
21A.117 Changes to that part of a product covered by a supplemental type-certificate . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 27
21A.118A Obligations and EPA marking . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 27
21A.118B Duration and continued validity . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 27
21A.119 Manuals . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 27
21A.120 Instructions for continued airworthiness . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 28
SUBPART F — PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 28
21A.121 Scope . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 28
21A.122 Eligibility . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 28
21A.124 Application . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 28
21A.125 Issue of a letter of agreement . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 28
21A.125B Findings . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 29
21A.125C Duration and continued validity . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 29
21A.126 Production inspection system . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 29
21A.127 Tests: aircraft . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 30
21A.128 Tests: engines and propellers . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 30
21A.129 Obligations of the manufacturer . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 30
21A.130 Statement of conformity . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 31
SUBPART G — PRODUCTION ORGANISATION APPROVAL .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 31
21A.131 Scope . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 31
21A.133 Eligibility . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 31
21A.134 Application . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 31
21A.135 Issue of production organisation approval . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 31
21A.139 Quality System . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 32
21A.143 Exposition . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 32
21A.145 Approval requirements . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 33
21A.147 Changes to the approved production organisation . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 33
21A.148 Changes of location .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 33
21A.149 Transferability . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 33
21A.151 Terms of approval . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 34
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Page
Page
SECTION B . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 51
PROCEDURES FOR COMPETENT AUTHORITIES . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 51
SUBPART A — GENERAL PROVISIONS . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 51
21B.5 Scope . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 51
21B.20 Obligations of the competent authority . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 51
21B.25 Requirements for the organisation of the competent authority . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 51
21B.30 Documented procedures . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 51
21B.35 Changes in organisation and procedures . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 51
21B.40 Resolution of disputes . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 51
21B.45 Reporting/co-ordination . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 52
21B.55 Record keeping . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 52
21B.60 Airworthiness directives . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 52
SUBPART B — TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 52
(SUBPART C — NOT APPLICABLE) . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 52
SUBPART D — CHANGES TO TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES . . . . . . .. . . . . . . . .. . . . . . . . .. 52
SUBPART E — SUPPLEMENTAL TYPE-CERTIFICATES .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 52
SUBPART F — PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 52
21B.120 Investigation . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 52
21B.130 Issue of letter of agreement . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 53
21B.135 Maintenance of the letter of agreement . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 53
21B.140 Amendment of a letter of agreement . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 53
21B.143 Notification of findings . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 53
21B.145 Suspension and revocation of a letter of agreement . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 54
21B.150 Record keeping . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 54
SUBPART G — PRODUCTION ORGANISATION APPROVAL .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 54
21B.220 Investigation . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 54
21B.225 Notification of findings . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 55
21B.230 Issue of certificate . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 55
21B.235 Continued surveillance . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 55
21B.240 Amendment of a production organisation approval . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 55
21B.245 Suspension and revocation of a production organisation approval . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 55
21B.260 Record keeping . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 56
SUBPART H — AIRWORTHINESS CERTIFICATES . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 56
21B.320 Investigation . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 56
21B.325 Issue of airworthiness certificates . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 56
21B.330 Suspension and revocation of airworthiness certificates . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 56
21B.345 Record keeping . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 57
SUBPART I — NOISE CERTIFICATES . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 57
21B.420 Investigation . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 57
21B.425 Issue of noise certificates . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 57
21B.430 Suspension and revocation of a noise certificate . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 57
21B.445 Record keeping . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 57
SUBPART J — DESIGN ORGANISATION APPROVAL .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 57
SUBPART K — PARTS AND APPLIANCES . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 57
(SUBPART L — NOT APPLICABLE) . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 58
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SUBPART M — REPAIRS .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 58
(SUBPART N — NOT APPLICABLE) . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 58
SUBPART O — EUROPEAN TECHNICAL STANDARD ORDER AUTHORISATIONS . . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 58
(SUBPART P — NOT APPLICABLE) . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 58
SUBPART Q — IDENTIFICATION OF PRODUCTS, PARTS AND APPLIANCES . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 58
Appendices — EASA Forms . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. 59
27.9.2003 EN Official Journal of the European Union L 243/17
21.1 General
(a) for organisations having their principal place of business in a Member State, the authority designated by that
Member State; or the Agency if so requested by that Member State; or
(b) for organisations having their principal place of business in a non-member State, the Agency.
SECTION A
21A.1 Scope
This Section establishes general provisions governing the rights and obligations of the applicant for, and holder of, any
certificate issued or to be issued in accordance with this Section.
21A.2 Undertaking by another person than the applicant for, or holder of, a certificate
The actions and obligations required to be undertaken by the holder of, or applicant for, a certificate for a product, part
or appliance under this Section may be undertaken on its behalf by any other natural or legal person, provided the
holder of, or applicant for, that certificate can show that it has made an agreement with the other person such as to
ensure that the holder's obligations are and will be properly discharged.
(a) System for Collection, Investigation and Analysis of Data. The holder of a type-certificate, restricted type-certificate,
supplemental type-certificate, European Technical Standard Order (ETSO) authorisation, major repair design approval
or any other relevant approval deemed to have been issued under this Regulation shall have a system for collecting,
investigating and analysing reports of and information related to failures, malfunctions, defects or other occurrences
which cause or might cause adverse effects on the continuing airworthiness of the product, part or appliance covered
by the type-certificate, restricted type-certificate, supplemental type-certificate, ETSO authorisation, major repair
design approval or any other relevant approval deemed to have been issued under this Regulation. Information about
this system shall be made available to all known operators of the product, part or appliance and, on request, to any
person authorised under other associated implementing Regulations.
(a) An airworthiness directive means a document issued or adopted by the Agency which mandates actions to be
performed on an aircraft to restore an acceptable level of safety, when evidence shows that the safety level of this
aircraft may otherwise be compromised.
(c) When an airworthiness directive has to be issued by the agency to correct the unsafe condition referred to in para-
graph (b), or to require the performance of an inspection, the holder of the type-certificate, restricted type-certificate,
supplemental type-certificate, major repair design approval, ETSO authorisation or any other relevant approval
deemed to have been issued under this Regulation, shall:
1. Propose the appropriate corrective action or required inspections, or both, and submit details of these proposals
to the Agency for approval.
2. Following the approval by the Agency of the proposals referred to under subparagraph (1), make available to all
known operators or owners of the product, part or appliance and, on request, to any person required to comply
with the airworthiness directive, appropriate descriptive data and accomplishment instructions.
Each holder of a type-certificate, restricted type-certificate, supplemental type-certificate, ETSO authorisation, approval of
a change to type design or approval of a repair design, shall collaborate with the production organisation as necessary
to ensure:
(a) The satisfactory coordination of design and production required by 21A.122 or 21A.133 or 21A.165(c)(2) as appro-
priate, and
(b) The proper support of the continued airworthiness of the product, part or appliance.
21A.11 Scope
This Subpart establishes the procedure for issuing type-certificates for products and restricted type-certificates for aircraft,
and establishes the rights and obligations of the applicants for, and holders of, those certificates.
21A.13 Eligibility
Any natural or legal person that has demonstrated, or is in the process of demonstrating, its capability in accordance
with 21A.14 shall be eligible as an applicant for a type-certificate or a restricted type-certificate under the conditions laid
down in this Subpart.
(a) Any organisation applying for a type-certificate or restricted type-certificate shall demonstrate its capability by
holding a design organisation approval, issued by the Agency in accordance with Subpart J.
27.9.2003 EN Official Journal of the European Union L 243/19
(b) By way of derogation from paragraph (a), as an alternative procedure to demonstrate its capability, an applicant may
seek Agency agreement for the use of procedures setting out the specific design practices, resources and sequence of
activities necessary to comply with this Part, when the product is one of the following:
1. a very light aeroplane or rotorcraft, a sailplane or a powered sailplane, a balloon, a hot air airship; or
2. a small aeroplane meeting all of the following elements:
(i) Single piston engine, naturally aspirated, of not more than 250 hp Maximum Take-Off Power (MTOP);
(ii) Conventional configuration;
(iii) Conventional material and structure;
(iv) Flights under VFR, outside icing conditions;
(v) Maximum 4 seats including the pilot and maximum take off mass limited to 3000 lb. (1361 kg);
(vi) Unpressurised cabin;
(vii) Non-power assisted controls;
(viii) Basic aerobatic flights limited to +6/-3g; or
3. a piston engine; or
4. an engine or a propeller type-certificated under the applicable airworthiness code for powered sailplanes; or
5. a fixed or variable pitch propeller.
21A.15 Application
(a) An application for a type-certificate or restricted type-certificate shall be made in a form and manner established by
the Agency.
(b) An application for an aircraft type-certificate or restricted type-certificate shall be accompanied by a three-view
drawing of that aircraft and preliminary basic data, including the proposed operating characteristics and limitations.
(c) An application for an engine or propeller type-certificate shall be accompanied by a general arrangement drawing, a
description of the design features, the operating characteristics, and the proposed operating limitations, of the
engine, or propeller.
The Agency shall issue in accordance with Article 14 of the basic Regulation airworthiness codes as standard means to
show compliance of products, parts and appliances with the essential requirements of Annex I to the basic Regulation.
Such codes shall be sufficiently detailed and specific to indicate to applicants the conditions under which certificates will
be issued.
(a) The Agency shall prescribe special detailed technical specifications, named special conditions, for a product, if the
related airworthiness code does not contain adequate or appropriate safety standards for the product, because:
1. The product has novel or unusual design features relative to the design practices on which the applicable
airworthiness code is based; or
2. The intended use of the product is unconventional; or
3. Experience from other similar products in service or products having similar design features, has shown that
unsafe conditions may develop.
(b) The special conditions contain such safety standards as the Agency finds necessary to establish a level of safety
equivalent to that established in the applicable airworthiness code.
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(a) The type-certification basis to be notified for the issuance of a type-certificate or a restricted type-certificate shall
consist of:
1. The applicable airworthiness code established by the Agency that is effective on the date of application for that
certificate unless:
(i) Otherwise specified by the Agency; or
(ii) Compliance with later effective amendments is elected by the applicant or required under paragraphs (c) and
(d).
(b) An application for type-certification of large aeroplanes and large rotorcraft shall be effective for five years and an
application for any other type-certificate shall be effective for three years, unless an applicant shows at the time of
application that its product requires a longer period of time for design, development, and testing, and the Agency
approves a longer period.
(c) In the case where a type-certificate has not been issued, or it is clear that a type-certificate will not be issued, within
the time limit established under paragraph (b); the applicant may:
1. File a new application for a type-certificate and comply with all the provisions of paragraph (a) applicable to an
original application; or
2. File for an extension of the original application and comply with the applicable airworthiness codes that were
effective on a date, to be selected by the applicant, not earlier than the date which precedes the date of issue of
the type-certificate by the time limit established under paragraph (b) for the original application.
(d) If an applicant elects to comply with an amendment to the airworthiness codes that is effective after the filing of the
application for a type-certificate, the applicant shall also comply with any other amendment that the Agency finds is
directly related.
(a) The applicable noise requirements for the issue of a type-certificate for an aircraft are prescribed according to the
provisions of Chapter 1 of Annex 16, Volume I, Part II to the Chicago Convention and:
1. for subsonic jet aeroplanes, in Volume I, Part II, Chapters 2, 3 and 4, as applicable;
2. for propeller-driven aeroplanes, in Volume I, Part II, Chapters 3, 4, 5, 6 and 10, as applicable;
3. for helicopters, in Volume I, Part II, Chapters 8 and 11, as applicable; and
4. for supersonic aeroplanes, in Volume I, Part II, Chapter 12, as applicable.
(b) The applicable emission requirements for the issue of a type-certificate for an aircraft and engine are prescribed in
Annex 16 to the Chicago Convention:
1. for prevention of intentional fuel venting, in Volume II, Part II, Chapter 2;
2. for emissions of turbo-jet and turbofan engines intended for propulsion only at subsonic speeds, in Volume II,
Part III, Chapter 2; and
3. for emissions of turbo-jet and turbofan engines intended for propulsion only at supersonic speeds, in Volume II,
Part III, Chapter 3.
(c) The Agency shall issue, in accordance with Article 14 of the basic Regulation, certification specifications providing
for acceptable means to demonstrate compliance with the noise and the emission requirements laid down in para-
graphs (a) and (b) respectively.
Any natural or legal person proposing to change a product shall apply for a new type-certificate if the Agency finds that
the change in design, power, thrust, or mass is so extensive that a substantially complete investigation of compliance
with the applicable type-certification basis is required.
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21A.20 Compliance with the type-certification basis and environmental protection requirements
(a) The applicant for a type-certificate or a restricted type-certificate shall show compliance with the applicable type-
certification basis and environmental protection requirements and shall provide to the Agency the means by which
such compliance has been shown.
(b) The applicant shall declare that it has shown compliance with all applicable type-certification basis and environ-
mental protection requirements.
(c) Where the applicant holds an appropriate design organisation approval, the declaration of paragraph (b) shall be
made according to the provisions of Subpart J.
The applicant shall be entitled to have a product type-certificate issued by the Agency after:
(d) In the case of an aircraft type-certificate, the engine or propeller, or both, if installed in the aircraft, have a type-certi-
ficate issued or determined in accordance with this Regulation.
(a) For an aircraft that does not meet the provisions of 21A.21(c), the applicant shall be entitled to have a restricted
type-certificate issued by the Agency after:
1. complying with the appropriate type-certification basis established by the Agency ensuring adequate safety with
regard to the intended use of the aircraft, and with the applicable environmental protection requirements;
2. expressly stating that it is prepared to comply with 21A.44.
(a) The applicant shall perform all inspections and tests necessary to show compliance with the applicable type-certifica-
tion basis and environmental protection requirements.
(b) Before each test required by paragraph (a) is undertaken, the applicant shall have determined:
1. For the test specimen:
(i) That materials and processes adequately conform to the specifications for the proposed type design;
(ii) That parts of the products adequately conform to the drawings in the proposed type design;
(iii) That the manufacturing processes, construction and assembly adequately conform to those specified in the
proposed type design; and
2. That the test equipment and all measuring equipment used for tests are adequate for the test and are appropri-
ately calibrated.
(c) The applicant shall allow the Agency to make any inspection necessary to check compliance with paragraph (b).
(d) The applicant shall allow the Agency to review any report and make any inspection and to perform or witness any
flight and ground test necessary to check the validity of the declaration of compliance submitted by the applicant
under 21A.20(b) and to determine that no feature or characteristic makes the product unsafe for the uses for which
certification is requested.
(e) For tests performed or witnessed by the Agency under paragraph (d):
1. The applicant shall submit to the Agency a statement of compliance with paragraph (b); and
2. No change relating to the test that would affect the statement of compliance may be made to a product, part or
appliance between the time compliance with paragraph (b) is shown and the time it is presented to the Agency
for test.
(a) Flight testing for the purpose of obtaining a type-certificate shall be conducted in accordance with conditions for
such flight testing specified by the Agency.
(b) The applicant shall make all flight tests that the Agency finds necessary:
1. To determine compliance with the applicable type-certification basis and environmental protection requirements,
and
2. For aircraft to be certificated under this Section, except sailplanes and powered sailplanes and except aeroplanes
of 2 722 kg or less Maximum Take-Off Mass (MTOM), to determine whether there is reasonable assurance that
the aircraft, its parts and appliances are reliable and function properly.
(c) (Reserved)
(d) (Reserved)
(e) (Reserved)
21A.41 Type-certificate
The type-certificate and restricted type-certificate are both considered to include the type design, the operating limita-
tions, the type-certificate data sheet for airworthiness and emissions, the applicable type-certification basis and environ-
mental 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, in addition, both include the type-certificate data sheet for noise.
The engine type-certificate data sheet includes the record of emission compliance.
27.9.2003 EN Official Journal of the European Union L 243/23
(a) undertake the obligations laid down in 21A.3, 21A.3B, 21A.4, 21A.55, 21A.57 and 21A.61; and, for this purpose,
shall continue to meet the qualification requirements for eligibility under 21A.14; and
21A.47 Transferability
Transfer of a type-certificate or restricted type-certificate may only be made to a natural or legal person that is able to
undertake the obligations under 21A.44, and, for this purpose, has demonstrated its ability to qualify under the criteria
of 21A.14.
(a) A type-certificate and restricted type-certificate shall be issued for an unlimited duration. They shall remain valid
subject to:
1. The holder remaining in compliance with this Part; and
2. The certificate not being surrendered or revoked under the applicable administrative procedures established by
the Agency.
(b) Upon surrender or revocation, the type-certificate and restricted type-certificate shall be returned to the Agency.
All relevant design information, drawings and test reports, including inspection records for the product tested, shall be
held by the type-certificate or restricted type-certificate holder at the disposal of the Agency and shall be retained in
order to provide the information necessary to ensure the continued airworthiness and compliance with applicable envir-
onmental protection requirements of the product.
21A.57 Manuals
The holder of a type-certificate or restricted type-certificate shall produce, maintain and update master copies of all
manuals required by the applicable type-certification basis and environmental protection requirements for the product,
and provide copies, on request, to the Agency.
(a) The holder of the type-certificate or restricted type-certificate shall furnish at least one set of complete instructions
for continued airworthiness, comprising descriptive data and accomplishment instructions prepared in accordance
with the applicable type-certification basis, to each known owner of one or more aircraft, engine or propeller upon
its delivery or upon issue of the first certificate of airworthiness for the affected aircraft, whichever occurs later and
thereafter make those instructions available on request to any other person required to comply with any of the terms
of those instructions. The availability of some manual or portion of the instructions for continued airworthiness,
dealing with overhaul or other forms of heavy maintenance, may be delayed until after the product has entered into
service, but shall be available before any of the products reaches the relevant age or flight-hours/cycles.
(b) In addition, changes to the instructions for continued airworthiness shall be made available to all known operators
of the product and shall be made available on request to any person required to comply with any of those instruc-
tions. A programme showing how changes to the instructions for continued airworthiness are distributed shall be
submitted to the Agency.
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21A.90 Scope
This Subpart establishes the procedure for the approval of changes to type designs and type-certificates, and establishes
the rights and obligations of the applicants for, and holders of, those approvals. In this Subpart, references to type-certifi-
cates include type-certificate and restricted type-certificate.
Changes in type design are classified as minor and major. A ‘minor change’ is one that has no appreciable effect on the
mass, balance, structural strength, reliability, operational characteristics, noise, fuel venting, exhaust emission, or other
characteristics affecting the airworthiness of the product. Without prejudice to 21A.19, all other changes are ‘major
changes’ under this Subpart. Major and minor changes shall be approved in accordance with 21A.95 or 21A.97 as
appropriate, and shall be adequately identified.
21A.92 Eligibility
(a) Only the type-certificate holder may apply for approval of a major change to a type design under this Subpart; all
other applicants for a major change to a type design shall apply under Subpart E.
(b) Any natural or legal person may apply for approval of a minor change to a type design under this Subpart.
21A.93 Application
An application for approval of a change to a type design shall be made in a form and manner established by the Agency
and shall include:
(b) Identification of any re-investigations necessary to show compliance of the changed product with the applicable
certification specifications and environmental protection requirements.
(b) By an appropriately approved design organisation under a procedure agreed with the Agency.
(b) Approval of a major change in a type design is limited to that or those specific configuration(s) in the type design
upon which the change is made.
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(a) An applicant for a change to a type-certificate shall demonstrate that the changed product complies with the
airworthiness code that is applicable to the changed product and that is in effect at the date of the application for
the change, and with the applicable environmental protection requirements laid down in 21A.18.
(b) By derogation from paragraph (a), an applicant may show that the changed product complies with an earlier amend-
ment of the airworthiness code defined in paragraph (a), and of any other certification specification the Agency finds
is directly related. However, the earlier amended airworthiness code may not precede the corresponding airworthi-
ness code incorporated by reference in the type-certificate. The applicant may show compliance with an earlier
amendment of an airworthiness code for any of the following:
1. A change that the Agency finds not to be significant. In determining whether a specific change is significant, the
Agency considers the change in context with all previous relevant design changes and all related revisions to the
applicable certification specifications incorporated in the type-certificate for the product. Changes that meet one
of the following criteria are automatically considered significant:
(i) The general configuration or the principles of construction are not retained.
(ii) The assumptions used for certification of the product to be changed do not remain valid.
2. Each area, system, part or appliance that the Agency finds is not affected by the change.
3. Each area, system, part or appliance that is affected by the change, for which the Agency finds that compliance
with an airworthiness code described in paragraph (a) would not contribute materially to the level of safety of the
changed product or would be impractical.
(c) An applicant for a change to an aircraft (other than a rotorcraft) of 2 722 kg (6 000 lbs.) or less maximum weight
or to a non-turbine rotorcraft of 1 361 kg (3 000 lbs.) or less maximum weight may show that the changed product
complies with the type-certification basis incorporated by reference in the type-certificate. However, if the Agency
finds that the change is significant in an area, the Agency may designate compliance with an amendment to the
type-certification basis incorporated by reference in the type-certificate, in effect at the date of the application, and
any certification specification that the Agency finds is directly related, unless the Agency also finds that compliance
with that amendment or certification specification would not contribute materially to the level of safety of the
changed product or would be impractical.
(d) If the Agency finds that the airworthiness code in effect at the date of the application for the change does not
provide adequate standards with respect to the proposed change, the applicant shall also comply with any special
conditions, and amendments to those special conditions, prescribed under the provisions of 21A.16B, to provide a
level of safety equivalent to that established in the airworthiness code in effect at the date of the application for the
change.
(e) An application for a change to a type-certificate for large aeroplanes and large rotorcraft is effective for five years,
and an application for a change to any other type-certificate is effective for three years. In a case where the change
has not been approved, or it is clear that it will not be approved under the time limit established under this subpara-
graph, the applicant may:
1. File a new application for a change to the type-certificate and comply with all the provisions of paragraph (a)
applicable to an original application for a change; or
2. File for an extension of the original application and comply with the provisions of paragraph (a) for an effective
date of application, to be selected by the applicant, not earlier than the date which precedes the date of approval
of the change by the time period established under this subparagraph for the original application for the change.
(a) The applicant shall be entitled to have a major change to a type design approved by the Agency after:
1. submitting the declaration referred to in 21A.97(a)(3); and
2. It is shown that:
(i) The changed product meets the applicable certification specifications and environmental protection require-
ments, as specified in 21A.101;
(ii) Any airworthiness provisions not complied with are compensated for by factors that provide an equivalent
level of safety; and
(iii) No feature or characteristic makes the product unsafe for the uses for which certification is requested.
L 243/26 EN Official Journal of the European Union 27.9.2003
(b) A minor change to a type design shall only be approved in accordance with 21A.95 if it is shown that the changed
product meets the applicable certification specifications, as specified in 21A.101.
For each change, all relevant design information, drawings and test reports, including inspection records for the changed
product tested, shall be held by the applicant at the disposal of the Agency and shall be retained in order to provide the
information necessary to ensure the continued airworthiness and compliance with applicable environmental protection
requirements of the changed product.
(a) The holder of a minor change approval to type design shall furnish at least one set of the associated variations, if
any, to the instructions for continued airworthiness of the product on which the minor change is to be installed,
prepared in accordance with the applicable type-certification basis, to each known owner of one or more aircraft,
engine, or propeller incorporating the minor change, upon its delivery, or upon issuance of the first certificate of
airworthiness for the affected aircraft, whichever occurs later, and thereafter make those variations in instructions
available, on request, to any other person required to comply with any of the terms of those instructions.
(b) In addition, changes to those variations of the instructions for continued airworthiness shall be made available to all
known operators of a product incorporating the minor change and shall be made available, on request, to any
person required to comply with any of those instructions.
(a) undertake the obligations laid down in 21A.4, 21A.105 and 21A.107; and
(b) specify the marking, including EPA (hereinafter ‘European Part Approval’) letters, in accordance with 21A.804(a).
21A.111 Scope
This Subpart establishes the procedure for the approval of major changes to the type design under supplemental type-
certificate procedures, and establishes the rights and obligations of the applicants for, and holders of, those certificates.
21A.112 Eligibility
Any natural or legal person (‘organisation’) that has demonstrated, or is in the process of demonstrating, its capability
under 21A.112B shall be eligible as an applicant for a supplemental type-certificate under the conditions laid down in
this Subpart.
(a) Any organisation applying for a supplemental type-certificate shall demonstrate its capability by holding a design
organisation approval, issued by the Agency in accordance with Subpart J.
(b) By way of derogation from paragraph (a), as an alternative procedure to demonstrate its capability, an applicant may
seek Agency agreement for the use of procedures setting out the specific design practices, resources and sequence of
activities necessary to comply with this Subpart.
(a) An application for a supplemental type-certificate shall be made in a form and manner established by the Agency.
(b) An application for a supplemental type-certificate shall include the descriptions and identification required by
21A.93. In addition, such an application shall include a justification that the information on which those identifica-
tions are based is adequate either from the applicant's own resources, or through an arrangement with the type-certi-
ficate holder.
27.9.2003 EN Official Journal of the European Union L 243/27
The applicant shall be entitled to have a supplemental type-certificate issued by the Agency after:
(c) where, under 21A.113(b), the applicant has entered into an arrangement with the type-certificate holder,
1. The type-certificate holder has advised that its has no technical objection to the information submitted under
21A.93; and
2. The type-certificate holder has agreed to collaborate with the supplemental type-certificate holder to ensure
discharge of all obligations for continued airworthiness of the changed product through compliance with 21A.44
and 21A.118A.
21A.116 Transferability
A supplemental type-certificate shall only be transferred to a natural or legal person that is able to undertake the obliga-
tions of 21A.118A and for this purpose has demonstrated its ability to qualify under the criteria of 21A.112B.
(a) Minor changes to that part of a product covered by a supplemental type-certificate shall be classified and approved
in accordance with Subpart D.
(b) Each major change to that part of a product covered by a supplemental type-certificate shall be approved as a sepa-
rate supplemental type-certificate in accordance with this Subpart.
(c) By way of derogation from paragraph (b), a major change to that part of a product covered by a supplemental type-
certificate submitted by the supplemental type-certificate holder itself may be approved as a change to the existing
supplemental type-certificate.
(b) specify the marking, including EPA letters, in accordance with 21A.804(a).
(a) A supplemental type-certificate shall be issued for an unlimited duration. It shall remain valid subject to:
1. The holder remaining in compliance with this Part; and
2. the certificate not being surrendered or revoked under the applicable administrative procedures established by the
Agency.
(b) Upon surrender or revocation, the supplemental type-certificate shall be returned to the Agency.
21A.119 Manuals
The holder of a supplemental type-certificate shall produce, maintain, and update master copies of variations in the
manuals required by the applicable type-certification basis and environmental protection requirements for the product,
necessary to cover the changes introduced under the supplemental type-certificate, and furnish copies of these manuals
to the Agency on request.
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(a) The holder of the supplemental type-certificate for an aircraft, engine, or propeller, shall furnish at least one set of
the associated variations to the instructions for continued airworthiness, prepared in accordance with the applicable
type-certification basis, to each known owner of one or more aircraft, engine, or propeller incorporating the features
of the supplemental type-certificate, upon its delivery, or upon issuance of the first certificate of airworthiness for
the affected aircraft, whichever occurs later, and thereafter make those variations in instructions available, on request,
to any other person required to comply with any of the terms of those instructions. Availability of some manual or
portion of the variations to the instructions for continued airworthiness, dealing with overhaul or other forms of
heavy maintenance, may be delayed until after the product has entered into service, but shall be available before any
of the products reaches the relevant age or flight-hours/cycles.
(b) In addition, changes to those variations of the instructions for continued airworthiness shall be made available to all
known operators of a product incorporating the supplemental type-certificate and shall be made available, on
request, to any person required to comply with any of those instructions. A programme showing how changes to
the variations to the instructions for continued airworthiness are distributed shall be submitted to the Agency.
21A.121 Scope
(a) This Subpart establishes the procedure for demonstrating the conformity with the applicable design data of a
product, part and appliance that is intended to be manufactured without a production organisation approval under
Subpart G.
(b) This Subpart establishes the rules governing the obligations of the manufacturer of a product, part, or appliance
being manufactured under this Subpart.
21A.122 Eligibility
Any natural or legal person may apply to show conformity of individual products, parts or appliances under this
Subpart, if;
(a) it holds or has applied for an approval covering the design of that product, part or appliance, or
(b) it has ensured satisfactory coordination between production and design, through an appropriate arrangement with
the applicant for, or holder of, an approval of such a design.
21A.124 Application
(a) Each application for an agreement to the showing of conformity of individual products, parts and appliances under
this Subpart shall be made in a form and manner established by the Competent Authority.
The applicant shall be entitled to have a letter of agreement issued by the Competent Authority agreeing to the showing
of conformity of individual products, parts and appliances under this Subpart, after:
(a) having established a production inspection system that ensures that each product, part or appliance conforms to the
applicable design data and is in condition for safe operation.
(c) demonstrating that it is able to provide assistance in accordance with 21A.3 and 21A.129(d).
27.9.2003 EN Official Journal of the European Union L 243/29
21A.125B Findings
(a) When objective evidence is found showing non-compliance of the holder of a letter of agreement with the applicable
requirements of this Part, the finding shall be classified as follows:
1. A level one finding is any non-compliance with this Part which could lead to uncontrolled non-compliances with
applicable design data and which could affect the safety of the aircraft.
2. A level two finding is any non-compliance with this Part which is not classified as level one.
(b) A level three finding is any item where it has been identified, by objective evidence, to contain potential problems
that could lead to a non-compliance under paragraph (a).
(d) In case of level one or level two findings, the letter of agreement may be subject to a partial or full limitation,
suspension and revocation under 21B.145. The holder of the letter of agreement shall provide confirmation of
receipt of the notice of limitation, suspension or revocation of the letter of agreement in a timely manner.
(a) The letter of agreement shall be issued for a limited duration not exceeding one year. It shall remain valid unless:
1. The holder of the letter of agreement fails to demonstrate compliance with the applicable requirements of this
Subpart; or
2. There is evidence that the manufacturer cannot maintain satisfactory control of the manufacture of products,
parts, or appliances under the agreement; or
3. The manufacturer no longer meets the requirements of 21A.122; or
4. The letter of agreement has been surrendered, revoked under 21B.145, or has expired.
(b) Upon surrender, revocation or expiry, the letter of agreement shall be returned to the Competent Authority.
(a) The production inspection system required under 21A.125 shall provide a means for determining that:
1. Incoming materials, and bought or subcontracted parts, used in the finished product are as specified in the applic-
able design data.
2. Incoming materials, and bought or subcontracted parts, are properly identified.
3. Processes, manufacturing techniques and methods of assembly affecting the quality and safety of the finished
product are accomplished in accordance with specifications accepted by the Competent Authority.
4. Design changes, including material substitutions, have been approved under Subpart D or E and controlled before
being incorporated in the finished product.
(b) The production inspection system required by 21A.125(a), shall also be such as to ensure that:
1. Parts in process are inspected for conformity with the applicable design data at points in production where accu-
rate determinations can be made.
2. Materials subject to damage and deterioration are suitably stored and adequately protected.
3. Current design drawings are readily available to manufacturing and inspection personnel, and used when neces-
sary.
L 243/30 EN Official Journal of the European Union 27.9.2003
4. Rejected materials and parts are segregated and identified in a manner that precludes installation in the finished
product.
5. Materials and parts that are withheld because of departures from design data or specifications, and that are to be
considered for installation in the finished product, are subjected to an approved engineering and manufacturing
review procedure. Those materials and parts determined by this procedure to be serviceable shall be properly
identified and reinspected if rework or repair is necessary. Materials and parts rejected by this procedure shall be
marked and disposed of to ensure that they are not incorporated in the final product.
6. Records produced under the production inspection system are maintained, identified with the completed product
or part where practicable, and retained by the manufacturer in order to provide the information necessary to
ensure the continued airworthiness of the product.
(a) Each manufacturer of an aircraft manufactured under this Subpart shall establish an approved production ground
and flight test procedure and check-off forms, and in accordance with those forms, test each aircraft produced, as a
means of establishing relevant aspects of compliance with 21A.125(a).
(b) Each production test procedure shall include at least the following:
1. A check on handling qualities;
2. A check on flight performance (using normal aircraft instrumentation);
3. A check on the proper functioning of all aircraft equipment and systems;
4. A determination that all instruments are properly marked, and that all placards and required flight manuals are
installed after flight test;
5. A check of the operational characteristics of the aircraft on the ground;
6. A check on any other items peculiar to the aircraft being tested.
Each manufacturer of engines, or propellers manufactured under this Subpart shall subject each engine, or variable pitch
propeller, to an acceptable functional test as specified in the type-certificate holder's documentation, to determine if it
operates properly throughout the range of operation for which it is type-certificated, as a means of establishing relevant
aspects of compliance with 21A.125(a).
Each manufacturer of a product, part or appliance being manufactured under this Subpart shall:
(a) Make each product, part or appliance available for inspection by the Competent Authority.
(b) Maintain at the place of manufacture the technical data and drawings necessary to determine whether the product
conforms to the applicable design data.
(c) Maintain the production inspection system that ensures that each product conforms to the applicable design data
and is in condition for safe operation.
(d) Provide assistance to the holder of the type-certificate, restricted type-certificate or design approval in dealing with
any continuing airworthiness actions that are related to the products, parts or appliances that have been produced.
(e) Establish and maintain an internal occurrence reporting system in the interest of safety, to enable the collection and
assessment of occurrence reports in order to identify adverse trends or to address deficiencies, and to extract repor-
table occurrences. This system shall include evaluation of relevant information relating to occurrences and the
promulgation of related information.
(f) 1. Report to the holder of the type-certificate, restricted type-certificate or design approval, all cases where products,
parts or appliances have been released by the manufacturer and subsequently identified to have deviations from
the applicable design data, and investigate with the holder of the type-certificate, restricted type-certificate or
design approval to identify those deviations which could lead to an unsafe condition.
2. Report to the Agency and the competent authority of the Member State the deviations which could lead to an
unsafe condition identified according to subparagraph (1). Such reports shall be made in a form and manner
established by the Agency under 21A.3(b)(2) or accepted by the competent authority of the Member State.
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3. Where the manufacturer acts as supplier to another production organisation, report also to that other organisa-
tion all cases where it has released products, parts or appliances to that organisation and subsequently identified
them to have possible deviations from the applicable design data.
(a) Each manufacturer of a product, part or appliance manufactured under this Subpart shall raise a Statement of
Conformity, an EASA Form 52, for complete aircraft, or EASA Form 1, for other products, parts or appliances (see
Appendix). This statement shall be signed by an authorised person who holds a responsible position in the manufac-
turing organisation.
(d) The Competent Authority shall validate by counter-signature the Statement of Conformity if it finds after inspection
that the product, part or appliance conforms to the applicable design data and is in condition for safe operation.
21A.131 Scope
(a) The procedure for the issuance of a production organisation approval for a production organisation showing confor-
mity of products, parts and appliances with the applicable design data.
(b) The rules governing the rights and obligations of the applicant for, and holders of, such approvals.
21A.133 Eligibility
Any natural or legal person (‘organisation’) shall be eligible as an applicant for an approval under this Subpart. The
applicant shall:
(a) justify that, for a defined scope of work, an approval under this Subpart is appropriate for the purpose of showing
conformity with a specific design; and
(c) have ensured, through an appropriate arrangement with the applicant for, or holder of, an approval of that specific
design, satisfactory coordination between production and design.
21A.134 Application
Each application for a production organisation approval shall be made to the Competent Authority in a form and
manner established by that authority, and shall include an outline of the information required by 21A.143 and the terms
of approval requested to be issued under 21A.151.
An organisation shall be entitled to have a production organisation approval issued by the Competent Authority when it
has demonstrated compliance with the applicable requirements under this Subpart.
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(a) The production organisation shall demonstrate that it has established and is able to maintain a quality system. The
quality system shall be documented. This quality system shall be such as to enable the organisation to ensure that
each product, part or appliance produced by the organisation or by its partners, or supplied from or subcontracted
to outside parties, conforms to the applicable design data and is in condition for safe operation, and thus exercise
the privileges set forth in 21A.163.
The control procedures need to include specific provisions for any critical parts.
2. An independent quality assurance function to monitor compliance with, and adequacy of, the documented proce-
dures of the quality system. This monitoring shall include a feedback system to the person or group of persons
referred to in 21A.145(c)(2) and ultimately to the manager referred to in 21A.145 (c)(1) to ensure, as necessary,
corrective action.
21A.143 Exposition
(a) The organisation shall submit to the Competent Authority a production organisation exposition providing the
following information:
1. A statement signed by the accountable manager confirming that the production organisation exposition and
any associated manuals which define the approved organisation's compliance with this Subpart will be complied
with at all times.
2. The title(s) and names of managers accepted by the Competent Authority in accordance with 21A.145(c)(2).
3. The duties and responsibilities of the manager(s) as required by 21A.145(c)(2) including matters on which they
may deal directly with the Competent Authority on behalf of the organisation.
4. An organisational chart showing associated chains of responsibility of the managers as required by
21A.145(c)(1) and (2).
5. A list of certifying staff as referred to in 21A.145(d).
6. A general description of man-power resources.
7. A general description of the facilities located at each address specified in the production organisation's certificate
of approval.
8. A general description of the production organisation's scope of work relevant to the terms of approval.
9. The procedure for the notification of organisational changes to the Competent Authority.
10. The amendment procedure for the production organisation exposition.
11. A description of the quality system and the procedures as required by 21A.139(b)(1).
12. A list of those outside parties referred to in 21A.139(a).
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(b) The production organisation exposition shall be amended as necessary to remain an up-to-date description of the
organisation, and copies of any amendments shall be supplied to the Competent Authority.
The production organisation shall demonstrate, on the basis of the information submitted in accordance with 21A.143
that:
(a) with regard to general approval requirements, facilities, working conditions, equipment and tools, processes and
associated materials, number and competence of staff, and general organisation are adequate to discharge obligations
under 21A.165.
(b) with regard to all necessary airworthiness, noise, fuel venting and exhaust emissions data:
1. The production organisation is in receipt of such data from the Agency, and from the holder of, or applicant for,
the type-certificate, restricted type-certificate or design approval, to determine conformity with the applicable
design data.
2. The production organisation has established a procedure to ensure that airworthiness, noise, fuel venting and
exhaust emissions data are correctly incorporated in its production data.
3. Such data are kept up to date and made available to all personnel who need access to such data to perform their
duties.
(d) with regard to certifying staff, authorised by the production organisation to sign the documents issued under
21A.163 under the scope or terms of approval:
1. The knowledge, background (including other functions in the organisation), and experience of the certifying staff
are appropriate to discharge their allocated responsibilities.
2. The production organisation maintains a record of all certifying staff which shall include details of the scope of
their authorisation.
3. Certifying staff are provided with evidence of the scope of their authorisation.
(a) After the issue of a production organisation approval, each change to the approved production organisation that is
significant to the showing of conformity or to the airworthiness and characteristics of noise, fuel venting and exhaust
emissions of the product, part or appliance, particularly changes to the quality system, shall be approved by the
Competent Authority. An application for approval shall be submitted in writing to the Competent Authority and the
organisation shall demonstrate to the Competent Authority before implementation of the change, that it will
continue to comply with this Subpart.
(b) The Competent Authority shall establish the conditions under which a production organisation approved under this
Subpart may operate during such changes unless the Competent Authority determines that the approval should be
suspended.
A change of the location of the manufacturing facilities of the approved production organisation shall be deemed of
significance and therefore shall comply with 21A.147.
21A.149 Transferability
Except as a result of a change in ownership, which is deemed significant for the purposes of 21A.147, a production
organisation approval is not transferable.
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The terms of approval shall identify the scope of work, the products or the categories of parts and appliances, or both,
for which the holder is entitled to exercise the privileges under 21A.163.
Each change to the terms of approval shall be approved by the Competent Authority. An application for a change to the
terms of approval shall be made in a form and manner established by the Competent Authority. The applicant shall
comply with the applicable requirements of this Subpart.
21A.157 Investigations
A production organisation shall make arrangements that allow the Competent Authority to make any investigations,
including investigations of partners and subcontractors, necessary to determine compliance and continued compliance
with the applicable requirements of this Subpart.
21A.158 Findings
(a) When objective evidence is found showing non compliance of the holder of a production organisation approval with
the applicable requirements of this Part, the finding shall be classified as follows:
1. A level one finding is any non-compliance with this Part which could lead to uncontrolled non-compliances with
applicable design data and which could affect the safety of the aircraft.
2. A level two finding is any non-compliance with this Part which is not classified as level one.
(b) A level three finding is any item where it has been identified, by objective evidence, to contain potential problems
that could lead to a non-compliance under paragraph (a).
(d) In case of level one or level two findings, the production organisation approval may be subject to a partial or full
limitation, suspension or revocation under 21B.245. The holder of the production organisation approval shall
provide confirmation of receipt of the notice of limitation, suspension or revocation of the production organisation
approval in a timely manner.
(a) A production organisation approval shall be issued for an unlimited duration. It shall remain valid unless:
1. The production organisation fails to demonstrate compliance with the applicable requirements of this Subpart; or
2. The Competent Authority is prevented by the holder or any of its partners or subcontractors to perform the
investigations in accordance with 21A.157; or
3. There is evidence that the production organisation cannot maintain satisfactory control of the manufacture of
products, parts or appliances under the approval; or
4. The production organisation no longer meets the requirements of 21A.133; or
5. the certificate has been surrendered or revoked under 21B.245.
(b) Upon surrender or revocation, the certificate shall be returned to the Competent Authority.
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21A.163 Privileges
Pursuant to the terms of approval issued under 21A.135, the holder of a production organisation approval may:
(b) In the case of complete aircraft and upon presentation of a Statement of Conformity (EASA Form 52) under
21A.174, obtain an aircraft certificate of airworthiness and a noise certificate without further showing.
(c) In the case of other products, parts or appliances issue authorised release certificates (EASA Form 1) under 21A.307
without further showing.
(d) Maintain a new aircraft that it has produced and issue a certificate of release to service (EASA Form 53) in respect of
that maintenance.
(a) Ensure that the production organisation exposition furnished in accordance with 21A.143 and the documents to
which it refers, are used as basic working documents within the organisation.
(b) Maintain the production organisation in conformity with the data and procedures approved for the production orga-
nisation approval.
(c) 1. Determine that each completed aircraft conforms to the type design and is in condition for safe operation prior
to submitting Statements of Conformity to the Competent Authority, or
2. Determine that other products, parts or appliances are complete and conform to the approved design data and
are in condition for safe operation before issuing EASA Form 1 to certify airworthiness, and additionally in case
of engines, determine according to data provided by the engine type-certificate holder that each completed engine
is in compliance with the applicable emissions requirements as defined in 21A.18(b), current at the date of manu-
facture of the engine, to certify emissions compliance, or
3. Determine that other products, parts or appliances conform to the applicable data before issuing EASA Form 1
as a conformity certificate;
(e) Establish and maintain an internal occurrence reporting system in the interest of safety, to enable the collection and
assessment of occurrence reports in order to identify adverse trends or to address deficiencies, and to extract repor-
table occurrences. This system shall include evaluation of relevant information relating to occurrences and the
promulgation of related information.
(f) 1. Report to the holder of the type-certificate or design approval, all cases where products, parts or appliances have
been released by the production organisation and subsequently identified to have possible deviations from the
applicable design data, and investigate with the holder of the type-certificate or design approval in order to iden-
tify those deviations which could lead to an unsafe condition.
2. Report to the Agency and the competent authority of the Member State the deviations which could lead to an
unsafe condition identified according to subparagraph (1). Such reports shall be made in a form and manner
established by the Agency under 21A.3(b)(2) or accepted by the competent authority of the Member State.
3. Where the holder of the production organisation approval is acting as a supplier to another production organisa-
tion, report also to that other organisation all cases where it has released products, parts or appliances to that
organisation and subsequently identified them to have possible deviations from the applicable design data.
(g) Provide assistance to the holder of the type-certificate or design approval in dealing with any continuing airworthi-
ness actions that are related to the products parts or appliances that have been produced.
(h) Establish an archiving system incorporating requirements imposed on its partners, suppliers and subcontractors,
ensuring conservation of the data used to justify conformity of the products, parts or appliances. Such data shall be
held at the disposal of the Competent Authority and be retained in order to provide the information necessary to
ensure the continuing airworthiness of the products, parts or appliances.
(i) Where, under its terms of approval, the holder issues a certificate of release to service, determine that each
completed aircraft has been subjected to necessary maintenance and is in condition for safe operation, prior to
issuing the certificate.
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21A.171 Scope
21A.172 Eligibility
Any natural or legal person under whose name an aircraft is registered or will be registered in a Member State (‘Member
State of registry’), or its representative, shall be eligible as an applicant for an airworthiness certificate for that aircraft
under this Subpart.
21A.173 Classification
(a) Certificates of airworthiness shall be issued to aircraft which conform to a type-certificate that has been issued in
accordance with this Part.
(c) Permits to fly shall be issued to aircraft that do not meet, or have not been shown to meet, applicable certification
specifications but are capable of safe flight under defined conditions.
21A.174 Application
(a) Pursuant to 21A.172, an application for an airworthiness certificate shall be made in a form and manner established
by the competent authority of the Member State of registry.
(b) Each application for a certificate of airworthiness or restricted certificate of airworthiness shall include:
1. the class of airworthiness certificate applied for;
2. with regard to new aircraft:
(i) A statement of conformity:
— issued under 21A.163(b), or
— issued under 21A.130 and validated by the Competent Authority,
— or, for an imported aircraft, a statement signed by the exporting authority that the aircraft conforms to a
design approved by the Agency
(ii) A weight and balance report with a loading schedule.
(iii) The flight manual, when required by the applicable airworthiness code for the particular aircraft.
(c) Unless otherwise agreed, the statements referred to in subparagraphs (b)(2)(i) and (b)(3)(ii) shall be issued no more
than 60 days before presentation of the aircraft to the competent authority of the Member State of registry.
27.9.2003 EN Official Journal of the European Union L 243/37
21A.175 Language
The manuals, placards, listings, and instrument markings and other necessary information required by applicable certifi-
cation specifications shall be presented in one or more of the official language(s) of the European Community acceptable
to the competent authority of the Member State of registry.
An airworthiness certificate may be amended or modified only by the competent authority of the Member State of
registry.
(b) Where ownership of an aircraft has changed, and the aircraft has:
1. a restricted certificate of airworthiness not conforming to a restricted type-certificate, or
2. a permit to fly,
such airworthiness certificates shall be transferred together with the aircraft provided the aircraft remains on the
same register, or issued only with the formal agreement of the competent authority of the Member State of registry
to which it is transferred.
21A.180 Inspections
The holder of the airworthiness certificate shall provide access to the aircraft for which that airworthiness certificate has
been issued upon request by the competent authority of the Member State of registry.
(a) An airworthiness certificate shall be issued for an unlimited duration. It shall remain valid subject to:
1. compliance with the applicable type-design and continuing airworthiness requirements; and
2. the aircraft remaining on the same register; and
3. the type-certificate or restricted type-certificate under which it is issued not being previously invalidated under
21A.51.
4. the certificate not being surrendered or revoked under 21B.330.
(b) Upon surrender or revocation, the certificate shall be returned to the competent authority of the Member State of
registry.
L 243/38 EN Official Journal of the European Union 27.9.2003
Each applicant for an airworthiness certificate under this Subpart shall demonstrate that its aircraft is identified in accor-
dance with Subpart Q.
The competent authority of the State of registry shall issue a certificate of airworthiness for:
1. new aircraft:
(i) Upon presentation of the documentation required by 21A.174(b)(2).
(ii) When the aircraft conforms to an approved design and is in condition for safe operation. This may include
inspections by the competent authority of the Member State of registry.
2. used aircraft:
(i) upon presentation of the documentation required by 21A.174(b)(3) demonstrating that:
— the aircraft conforms to a type design approved under a type-certificate and any supplemental type-certificate,
change or repair approved in accordance with this Part, and to applicable airworthiness directives, and
— the aircraft has been inspected in accordance with the applicable provisions of Part M; and
(ii) when the aircraft conforms to an approved design and is in condition for safe operation. This may include inspec-
tions by the competent authority of the Member State of registry.
(a) The competent authority of the Member State of registry shall issue a restricted certificate of airworthiness for:
1. new aircraft, upon presentation of the documentation required by 21A.174(b)(2) demonstrating that the aircraft
conforms to a design approved by the Agency under a restricted type-certificate or in accordance with specific
certification specifications, and is in condition for safe operation.
2. used aircraft:
(i) upon presentation of the documentation required by 21A.174(b)(3) demonstrating that:
— the aircraft conforms to a design approved by the Agency under a restricted type-certificate or in accor-
dance with specific certification specifications, and
— the applicable airworthiness directives have been complied with, and
— the aircraft has been inspected in accordance with the appropriate provisions of Part M; and
(ii) when the competent authority of the Member State of registry is satisfied that the aircraft conforms to the
approved design and is in condition for safe operation. This may include inspections by the competent
authority of the Member State of registry.
(b) For an aircraft that cannot comply with the essential requirements referred to in the basic Regulation and which is
not eligible for a restricted type-certificate, the Agency shall, as necessary to take account of deviations from these
essential requirements:
1. issue and check compliance with specific certification specifications ensuring adequate safety with regard to the
intended use, and
2. specify limitations for use of this aircraft.
(c) Limitations for use will be associated with restricted certificates of airworthiness including airspace restrictions as
necessary to take account of deviations from essential requirements for airworthiness laid down in the basic Regula-
tion.
The competent authority of the Member State of registry shall issue a permit to fly after the Agency has found that the
aircraft and appropriate associated restrictions compensating for departure from the essential requirements permit the
aircraft to perform safely a basic flight. For that purpose, the Agency may make or require the applicant to make appro-
priate inspections or tests necessary to ensure safety.
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21A.201 Scope
21A.203 Eligibility
Any natural or legal person under whose name an aircraft is registered or will be registered in a Member State (Member
State of registry), or its representative, shall be eligible as an applicant for a noise certificate for that aircraft under this
Subpart.
21A.204 Application
(a) Pursuant to 21A.203, an application for a noise certificate shall be made in a form and manner established by the
competent authority of the Member State of registry.
(ii) The noise information determined in accordance with the applicable noise requirements. This information
shall be included in the flight manual, when a flight manual is required by the applicable airworthiness code
for the particular aircraft.
(c) Unless otherwise agreed, the statements referred to in subparagraphs (b)(1) shall be issued no more than 60 days
before presentation of the aircraft to the competent authority of the Member State of registry.
The competent authority of the Member State of registry shall issues a noise certificate upon presentation of the docu-
ments required by 21A.204(b).
A noise certificate may be amended or modified only by the competent authority of the Member State of registry.
(a) if the aircraft remains on the same register, the noise certificate shall be transferred together with the aircraft; or
(b) if the aircraft moves to the register of another Member State, the noise certificate shall be issued upon presentation
of the former noise certificate.
21A.210 Inspections
The holder of the noise certificate shall provide access to the aircraft for which that noise certificate has been issued
upon request by the competent authority of the Member State of registry or by the Agency for inspection.
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(a) A noise certificate shall be issued for an unlimited duration. It shall remain valid subject to:
1. compliance with the applicable type-design, environmental protection and continuing airworthiness requirements;
and
2. the aircraft remaining on the same register; and
3. the type-certificate or restricted type-certificate under which it is issued not being previously invalidated under
21A.51.
4. the certificate not being surrendered or revoked under 21B.430.
(b) Upon surrender or revocation, the certificate shall be returned to the competent authority of the Member State of
registry.
21A.231 Scope
This Subpart establishes the procedure for the approval of design organisations and rules governing the rights and obli-
gations of applicants for, and holders of, such approvals.
21A.233 Eligibility
Any natural or legal person (‘organisation’) shall be eligible as an applicant for an approval under this Subpart
(b) for approval of minor changes or minor repair design, when requested for the purpose of obtaining privileges under
21A.263.
21A.234 Application
Each application for a design organisation approval shall be made in a form and manner established by the Agency and
shall include an outline of the information required by 21A.243, and the terms of approval requested to be issued under
21A.251.
An organisation shall be entitled to have a design organisation approval issued by the Agency when it has demonstrated
compliance with the applicable requirements under this Subpart.
(a) The design organisation shall demonstrate that it has established and is able to maintain a design assurance system
for the control and supervision of the design, and of design changes, of products, parts and appliances covered by
the application. This design assurance system shall be such as to enable the organisation:
1. To ensure that the design of the products, parts and appliances or the design change thereof, comply with the
applicable type-certification basis and environmental protection requirements; and
2. To ensure that its responsibilities are properly discharged in accordance with:
(i) The appropriate provisions of this Part; and
(ii) The terms of approval issued under 21A.251.
3. To independently monitor the compliance with, and adequacy of, the documented procedures of the system. This
monitoring shall include a feed-back system to a person or a group of persons having the responsibility to ensure
corrective actions.
(b) The design assurance system shall include an independent checking function of the showings of compliance on the
basis of which the organisation submits compliance statements and associated documentation to the Agency.
(c) The design organisation shall specify the manner in which the design assurance system accounts for the acceptability
of the parts or appliances designed or the tasks performed by partners or subcontractor according to methods which
are the subject of written procedures.
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21A.243 Data
(a) The design organisation shall furnish a handbook to the Agency describing, directly or by cross-reference, the orga-
nisation, the relevant procedures and the products or changes to products to be designed.
(b) Where any parts or appliances or any changes to the products are designed by partner organisations or subcontrac-
tors, the handbook shall include a statement of how the design organisation is able to give, for all parts and appli-
ances, the assurance of compliance required by 21A.239(b), and shall contain, directly or by cross-reference, descrip-
tions and information on the design activities and organisation of those partners or subcontractors, as necessary to
establish this statement.
(c) The handbook shall be amended as necessary to remain an up-to-date description of the organisation, and copies of
amendments shall be supplied to the Agency.
(d) The design organisation shall furnish a statement of the qualifications and experience of the management staff and
other persons responsible for making decisions affecting airworthiness and environmental protection in the organisa-
tion.
The design organisation shall demonstrate, on the basis of the information submitted in accordance with 21A.243 that,
in addition to complying with 21A.239:
(a) The staff in all technical departments are of sufficient numbers and experience and have been given appropriate
authority to be able to discharge their allocated responsibilities and that these, together with the accommodation,
facilities and equipment are adequate to enable the staff to achieve the airworthiness, noise, fuel venting and exhaust
emissions objectives for the product.
(b) There is full and efficient coordination between departments and within departments in respect of airworthiness and
environmental protection matters.
After the issue of a design organisation approval, each change to the design assurance system that is significant to the
showing of compliance or to the airworthiness and environmental protection of the product, shall be approved by the
Agency. An application for approval shall be submitted in writing to the Agency and the design organisation shall
demonstrate to the Agency, on the basis of submission of proposed changes to the handbook, and before implementa-
tion of the change, that it will continue to comply with this Subpart after implementation.
21A.249 Transferability
Except as a result of a change in ownership, which is deemed significant for the purposes of 21A.247, a design organisa-
tion approval is not transferable.
The terms of approval shall identify the types of design work, the categories of products, parts and appliances for which
the design organisation holds a design organisation approval, and the functions and duties that the organisation is
approved to perform in regard to the airworthiness and characteristics of noise, fuel venting and exhaust emissions of
products. For design organisation approval covering type-certification or ETSO authorisation for Auxiliary Power Unit
(APU), the terms of approval shall contain in addition the list of products or APU. Those terms shall be issued as part of
a design organisation approval.
Each change to the terms of approval shall be approved by the Agency. An application for a change to the terms of
approval shall be made in a form and manner established by the Agency. The design organisation shall comply with the
applicable requirements of this Subpart.
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21A.257 Investigations
(a) The design organisation shall make arrangements that allow the Agency to make any investigations, including inves-
tigations of partners and subcontractors, necessary to determine compliance and continued compliance with the
applicable requirements of this Subpart.
(b) The design organisation shall allow the Agency to review any report and make any inspection and perform or
witness any flight and ground test necessary to check the validity of the compliance statements submitted by the
applicant under 21A.239(b).
21A.258 Findings
(a) When objective evidence is found showing non-compliance of the holder of a design organisation approval with the
applicable requirements of this Part, the finding shall be classified as follows:
1. A level one finding is any non-compliance with this Part which could lead to uncontrolled non-compliances with
applicable requirements and which could affect the safety of the aircraft.
2. A level two finding is any non-compliance with this Part which is not classified as level one.
(b) A level three finding is any item where it has been identified, by objective evidence, to contain potential problems
that could lead to a non-compliance under paragraph (a).
(c) After receipt of notification of findings under the applicable administrative procedures established by the Agency,
1. In case of a level one finding, the holder of the design organisation approval shall demonstrate corrective action
to the satisfaction of the Agency within a period of no more than 21 working days after written confirmation of
the finding;
2. In case of level two findings, the corrective action period granted by the Agency shall be appropriate to the
nature of the finding but in any case initially shall not be more than six months. In certain circumstances and
subject to the nature of the finding the Agency may extend the six month period subject to a satisfactory correc-
tive action plan agreed by the Agency.
3. A level three finding shall not require immediate action by the holder of the design organisation approval.
(d) In case of level one or level two findings, the design organisation approval may be subject to a partial or full suspen-
sion or revocation under the applicable administrative procedures established by the Agency. The holder of the
design organisation approval shall provide confirmation of receipt of the notice of suspension or revocation of the
design organisation approval in a timely manner.
(a) A design organisation approval shall be issued for an unlimited duration. It shall remain valid unless:
1. The design organisation fails to demonstrate compliance with the applicable requirements of this Subpart; or
2. The Agency is prevented by the holder or any of its partners or subcontractors to perform the investigations in
accordance with 21A.257; or
3. There is evidence that the design assurance system cannot maintain satisfactory control and supervision of the
design of products or changes thereof under the approval; or
4. the certificate has been surrendered or revoked under the applicable administrative procedures established by the
Agency.
(b) Upon surrender or revocation, the certificate shall be returned to the Agency.
21A.263 Privileges
(a) The holder of a design organisation approval shall be entitled to perform design activities under this Part and within
its scope of approval.
(b) Subject to 21A.257(b), compliance documents submitted by the applicant for the purpose of obtaining:
1. a type-certificate or approval of a major change to a type design; or
2. a supplemental type-certificate; or
3. an ETSO authorisation under 21A.602(b)(1);
4. a major repair design approval;
(c) The holder of a design organisation approval shall be entitled, within its terms of approval and under the relevant
procedures of the design assurance system:
1. to classify changes to type design and repairs as ‘major’ or ‘minor’.
2. to approve minor changes to type design and minor repairs.
3. to issue information or instructions containing the following statement: ‘The technical content of this document
is approved under the authority of DOA nr. [EASA]. J. [xyz].’
4. to approve documentary changes to the aircraft flight manual, and issue such changes containing the following
statement: ‘Revision nr. xx to AFM ref. yyy, is approved under the authority of DOA nr.[EASA].J.[xyz].’
5. to approve the design of major repairs to products for which it holds the type-certificate or the supplemental
type-certificate.
(a) Maintain the handbook in conformity with the design assurance system;
(b) Ensure that this handbook is used as a basic working document within the organisation;
(c) Determine that the design of products, or changes or repairs thereof, as applicable, comply with applicable require-
ments and have no unsafe feature;
(d) Except for minor changes or repairs approved under the privilege of 21A.263, provide to the Agency statements
and associated documentation confirming compliance with paragraph (c);
(e) Provide to the Agency information or instructions related to required actions under 21A.3B.
21A.301 Scope
This Subpart establishes the procedure relating to the approval of parts and appliances.
The showing of compliance of parts and appliances to be installed in a type-certificated product shall be made:
(a) In conjunction with the type-certification procedures of Subpart B, D or E for the product in which it is to be
installed; or
(c) In the case of standard parts, in accordance with officially recognised Standards.
In all cases where the approval of a part or appliance is explicitly required by Community law or Agency measures, the
part or appliance shall comply with the applicable ETSO or with the specifications recognised as equivalent by the
Agency in the particular case.
No part or appliance (except a standard part), shall be eligible for installation in a type-certificated product unless it is:
(a) Accompanied by an authorised release certificate (EASA Form 1), certifying airworthiness; and
SUBPART M — REPAIRS
21A.431 Scope
(a) This Subpart establishes the procedure for the approval of repair design, and establishes the rights and obligations of
the applicants for, and holders of, those approvals.
(b) A 'repair' means elimination of damage and/or restoration to an airworthy condition following initial release into
service by the manufacturer of any product, part or appliance.
(c) Elimination of damage by replacement of parts or appliances without the necessity for design activity shall be
considered as a maintenance task and shall therefore require no approval under this Part.
(d) A repair to an ETSO article shall be treated as a change to the ETSO design and shall be processed in accordance
with 21A.611.
21A.432 Eligibility
(a) Any natural or legal person that has demonstrated, or is in the process of demonstrating, its capability under
21A.432 B shall be eligible as an applicant for a major repair design approval under the conditions laid down in this
Subpart.
(b) Any natural or legal person shall be eligible to apply for approval of a minor repair design.
(a) An applicant for a major repair design approval shall demonstrate its capability by holding a design organisation
approval, issued by the Agency in accordance with Subpart J.
(b) By way of derogation from paragraph (a), as an alternative procedure to demonstrate its capability, an applicant may
seek Agency agreement for the use of procedures setting out the specific design practices, resources and sequence of
activities necessary to comply with this Subpart.
(b) Where the applicant is not the type-certificate or supplemental type-certificate holder, as applicable, the applicant
may comply with the requirements of paragraph (a) through the use of its own resources or through an arrangement
with the type-certificate or supplemental type-certificate holder as applicable.
(a) A repair may be 'major' or 'minor'. The classification shall be made in accordance with the criteria of 21A.91 for a
change in the type design.
(b) A repair shall be classified ‘major’ or ‘minor’ under paragraph (a) either:
1. By the Agency, or
2. By an appropriately approved design organisation under a procedure agreed with the Agency.
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When it has been declared and has been shown that the repair design meets the applicable certification specifications
and environmental protection requirements of 21A.433(a)(1), it shall be approved:
(b) by an appropriately approved organisation that is also the type-certificate or the supplemental type-certificate holder,
under a procedure agreed with the Agency, or
(c) for minor repairs only, by an appropriately approved design organisation under a procedure agreed with the
Agency.
Parts and appliances to be used for the repair shall be manufactured in accordance with production data based upon all
the necessary design data as provided by the repair design approval holder:
(a) The embodiment of a repair shall be made by an appropriately approved maintenance organisation, or by a produc-
tion organisation appropriately approved in accordance with Subpart G, under 21A.163 privilege.
(b) The design organisation shall transmit to the organisation performing the repair all the necessary installation instruc-
tions.
21A.443 Limitations
A repair design may be approved subject to limitations, in which case the repair design approval shall include all neces-
sary instructions and limitations. These instructions and limitations shall be transmitted by the repair design approval
holder to the operator in accordance with a procedure agreed with the Agency.
(a) When a damaged product, part or appliance, is left unrepaired, and is not covered by previously approved data, the
evaluation of the damage for its airworthiness consequences may only be made;
1. by the Agency, or
2. by an appropriately approved design organisation under a procedure agreed with the Agency.
Any necessary limitations shall be processed in accordance with the procedures of 21A.443.
(b) Where the organisation evaluating the damage under paragraph (a) is neither the Agency nor the type-certificate or
supplemental type-certificate holder, this organisation shall justify that the information on which the evaluation is
based is adequate either from its organisation's own resources or through an arrangement with the type-certificate
or supplemental type-certificate holder, or manufacturer, as applicable.
For each repair, all relevant design information, drawings, test reports, instructions and limitations possibly issued in
accordance with 21A.443, justification for classification and evidence of the design approval, shall:
(a) be held by the repair design approval holder at the disposal of the Agency, and
(b) be retained by the repair design approval holder in order to provide the information necessary to ensure the
continued airworthiness of the repaired products, parts or appliances.
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(a) The holder of the repair design approval shall furnish at least one complete set of those changes to the instructions
for continued airworthiness which result from the design of the repair, comprising descriptive data and accomplish-
ment instructions prepared in accordance with the applicable requirements, to each operator of aircraft incorpor-
ating the repair. The repaired product, part or appliance may be released into service before the changes to those
instructions have been completed, but this shall be for a limited service period, and in agreement with the Agency.
Those changes to the instructions shall be made available on request to any other person required to comply with
any of the terms of those changes to the instructions. The availability of some manual or portion of the changes to
the instructions for continued airworthiness, dealing with overhaul or other forms of heavy maintenance, may be
delayed until after the product has entered into service, but shall be available before any of the products reaches the
relevant age or flight — hours/cycles.
(b) If updates to those changes to the instructions for continued airworthiness are issued by the holder of the repair
design approval after the repair has been first approved, these updates shall be furnished to each operator and shall
be made available on request to any other person required to comply with any of the terms of those changes to the
instructions. A programme showing how updates to the changes to the instructions for continued airworthiness are
distributed shall be submitted to the Agency.
2. specify the marking, including EPA (‘European Part Approval’) letters, in accordance with 21A.804(a).
(b) Except for type-certificate holders for which 21A.44 applies, the holder of a minor repair design approval shall:
1. undertake the obligations laid down in 21A.4, 21A.447 and 21A.449; and
2. specify the marking, including EPA letters, in accordance with 21A.804(a).
21A.601 Scope
(a) This Subpart establishes the procedure for issuing European Technical Standard Order authorisations and the rules
governing the rights and obligations of applicants for, or holders of, such authorisations.
21A.602A Eligibility
Any natural or legal person that produces or is preparing to produce an ETSO article, and that has demonstrated, or is
in the process of demonstrating, its capability under 21A.602B shall be eligible as an applicant for an ETSO authorisa-
tion.
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Any applicant for an ETSO authorisation shall demonstrate its capability as follows:
(a) for production, by holding a production organisation approval, issued in accordance with Subpart G, or through
compliance with Subpart F procedures; and
21A.603 Application
(a) An application for an ETSO authorisation shall be made in a form and manner established by the Agency and shall
include an outline of the information required by 21A.605.
(b) When a series of minor changes in accordance with 21A.611 is anticipated, the applicant shall set forth in its appli-
cation the basic model number of the article and the associated part numbers with open brackets after it to denote
that suffix change letters or numbers (or combinations of them) will be added from time to time.
(a) 21A.15, 21A.16B, 21A.17, 21A.20, 21A.21, 21A.31, 21A.33, 21A.44 shall apply by way of derogation from
21A.603, 21A.606(c), 21A.610 and 21A.615, except that an ETSO Authorisation shall be issued in accordance with
21A.606 instead of the type-certificate;
(b) Subpart D or Subpart E of this Part 21 is applicable for the approval of design changes by way of derogation from
21A.611. When Subpart E is used, a separate ETSO authorisation shall be issued instead of a supplemental type-
certificate.
(a) A statement of compliance certifying that the applicant has met the requirements of this Subpart.
(c) One copy of the technical data required in the applicable ETSO.
(d) The exposition (or a reference to the exposition) referred to in 21A.143 for the purpose of obtaining an appropriate
production organisation approval under Subpart G or the manual (or a reference to the manual) referred to in
21A.125(b) for the purpose of manufacturing under Subpart F without production organisation approval.
(e) For an APU, the handbook (or a reference to the handbook) referred to in 21A.243 for the purpose of obtaining an
appropriate design organisation approval under Subpart J.
The applicant shall be entitled to have an ETSO authorisation issued by the Agency after:
(b) demonstrating that the article complies with the technical conditions of the applicable ETSO, and submitting the
corresponding statement of compliance.
The holder of an ETSO authorisation is entitled to produce and to mark the article with the appropriate ETSO marking.
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(b) The DDP shall be endorsed with the date and signature of the holder of the ETSO authorisation, or its authorised
representative.
(a) Manufacture each article in accordance with Subpart G or Subpart F that ensures that each completed article
conforms to its design data and is safe for installation;
(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 21A.613;
(c) Prepare, maintain and update master copies of all manuals required by the applicable airworthiness specifications for
the article;
(d) Make available to users of the article and to the Agency on request those maintenance, overhaul and repair manuals
necessary for the usage and maintenance of the article, and changes to those manuals;
(a) Each manufacturer who requests approval to deviate from any performance standard of an ETSO shall demonstrate
that the standards from which a deviation is requested are compensated for by factors or design features providing
an equivalent level of safety.
(b) The request for approval to deviate, together with all pertinent data, shall be submitted to the Agency.
(a) The holder of the ETSO authorisation may make minor design changes (any change other than a major change)
without further authorisation by the Agency. In this case, the changed article keeps the original model number (part
number changes or amendments shall be used to identify minor changes) and the holder shall forward to the Agency
any revised data that are necessary for compliance with 21A.603(b).
(b) Any design change by the holder of the ETSO authorisation that is extensive enough to require a substantially
complete investigation to determine compliance with an ETSO is a major change. Before making such a change, the
holder shall assign a new type or model designation to the article and apply for a new authorisation under 21A.603.
(c) No design change by any natural or legal person other than the holder of the ETSO authorisation who submitted
the statement of compliance for the article is eligible for approval under this Subpart O unless the person seeking
the approval applies under 21A.603 for a separate ETSO authorisation.
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Further to the record keeping requirements appropriate to or associated with the quality system, all relevant design infor-
mation, drawings and test reports, including inspection records for the article tested, shall be held at the disposal of the
Agency and shall be retained in order to provide the information necessary to ensure the continued airworthiness of the
article and of the type-certificated product in which it is fitted.
Upon a request of the Agency, each applicant for, or holder of an ETSO authorisation for an article shall allow the
Agency to:
(a) An ETSO authorisation shall be issued for an unlimited duration. It shall remain valid unless:
1. The conditions required when ETSO authorisation was granted are no longer being observed; or
2. The obligations of the holder specified in 21A.609 are no longer being discharged; or
3. The article has proved to give rise to unacceptable hazards in service; or
4. the authorisation has been surrendered or revoked under the applicable administrative procedures established by
the Agency.
(b) Upon surrender or revocation, the certificate shall be returned to the Agency.
21A.621 Transferability
Except for a change in ownership of the holder, which shall be regarded as a change of significance, and shall therefore
comply with 21A.147 and 21A.247 as applicable, an ETSO authorisation issued under this Part is not transferable.
(b) Any natural or legal person that manufactures an aircraft or engine under Subpart G or Subpart F shall identify that
aircraft or engine by means of a fireproof plate that has the information specified in paragraph (a) marked on it by
etching, stamping, engraving, or other approved method of fireproof marking. The identification plate shall be
secured in such a manner that it is accessible and legible, and will not likely be defaced or removed during normal
service, or lost or destroyed in an accident.
(c) Any natural or legal person that manufactures a propeller, propeller blade, or propeller hub under Subpart G or
Subpart F shall identify it by means of a plate, stamping, engraving, etching or other approved method of fireproof
identification that is placed on it on a non-critical surface, contains the information specified in paragraph (a), and
will not likely be defaced or removed during normal service or lost or destroyed in an accident.
(d) For manned free balloons, the identification plate prescribed in paragraph (b) shall be secured to the balloon
envelope and shall be located, if practicable, where it is legible to the operator when the balloon is inflated. In addi-
tion, the basket and any heater assembly shall be permanently and legibly marked with the manufacturer's name,
part number, or equivalent, and serial number, or equivalent.
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(a) No person shall remove, change, or place identification information referred to in 21A.801(a) on any aircraft,
engine, propeller, propeller blade, or propeller hub, or in 21A.807(a) on an APU, without the approval of the
Agency.
(b) No person shall remove or install any identification plate referred to in 21A.801, or in 21A.807 for an APU, without
the approval of the Agency.
(c) By way of derogation from paragraphs (a) and (b), any natural or legal person performing maintenance work under
the applicable associated implementing rules may, in accordance with methods, techniques and practices established
by the Agency:
1. Remove, change, or place the identification information referred to in 21A.801(a) on any aircraft, engine,
propeller, propeller blade, or propeller hub, or in 21A.807(a) on an APU; or
2. Remove an identification plate referred to in 21A.801, or 21A.807 for an APU, when necessary during mainte-
nance operations.
(d) No person shall install an identification plate removed in accordance with subparagraph (c)(2) on any aircraft,
engine, propeller, propeller blade, or propeller hub other than the one from which it was removed.
(a) Each manufacturer of a part or appliance shall permanently and legibly mark the part or appliance with:
1. a name, trademark, or symbol identifying the manufacturer; and
2. the part number, as defined in the applicable design data; and
3. the letters EPA (European Part Approval) 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.
(b) By way of derogation from paragraph (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 paragraph (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.
In addition to the requirement of 21A.804, each manufacturer of a part to be fitted on a type-certificated product which
has been identified as a critical part shall permanently and legibly mark that part with a part number and a serial
number.
(a) Each holder of an ETSO authorisation under Subpart O shall permanently and legibly mark each article with the
following information:
1. The name and address of the manufacturer;
2. The name, type, part number or model designation of the article;
3. The serial number or the date of manufacture of the article or both; and
4. The applicable ETSO number.
(b) By way of derogation from paragraph (a), if the Agency agrees that a part is too small or that it is otherwise imprac-
tical to mark a part with any of the information required by paragraph (a), the authorised release document accom-
panying the part or its container shall include the information that could not be marked on the part.
(c) Each person who manufactures an APU under Subpart G or Subpart F shall identify that APU by means of a fire-
proof plate that has the information specified in paragraph (a) marked on it by etching, stamping, engraving, or
other approved method of fireproof marking. The identification plate shall be secured in such a manner that it is
accessible and legible, and will not likely be defaced or removed during normal service, or lost or destroyed in an
accident.
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SECTION B
21B.5 Scope
(a) This Section establishes the procedure for the competent authority of the Member State when exercising its tasks
and responsibilities concerned with the issuance, maintenance, amendment, suspension and revocation of certificates,
approvals and authorisations referred to in this Part.
(b) The Agency shall develop in accordance with Article 14 of the basic Regulation certification specifications and
guidance material to assist Member States in the implementation of this Section.
Each competent authority of the Member State is responsible for the implementation of Section A, Subparts F, G, H and
I only for applicants, or holders, whose principal place of business is in its territory.
(a) General:
The Member State shall designate a competent authority with allocated responsibilities for the implementation of
Section A, Subparts F, G, H and I with documented procedures, organisation structure and staff.
(b) Resources:
1. The number of staff shall be sufficient to perform the allocated tasks.
2. The competent authority of the Member State shall appoint a manager, or managers, who are responsible for the
execution of the related task(s) within the authority, including the communication with the Agency and the other
national authorities as appropriate.
(a) The competent authority of the Member State shall establish documented procedures to describe its organisation,
means and methods to fulfil the requirements of this Part. The procedures shall be kept up to date and serve as the
basic working documents within that authority for all related activities.
(b) A copy of the procedures and their amendments shall be available to the Agency.
(a) The competent authority of the Member State shall notify any significant change in its organisation and documented
procedures to the Agency.
(b) The competent authority of the Member State shall update its documented procedures relating to any change to
regulations in a timely manner to ensure effective implementation.
(a) The competent authority of the Member State shall establish a process for the resolution of disputes within its orga-
nisation documented procedures.
(b) Where a dispute, which cannot be resolved, exists between the competent authorities of the Member States it is the
responsibility of the managers as defined in 21B.25(b)(2) to raise the issue with the Agency for mediation.
L 243/52 EN Official Journal of the European Union 27.9.2003
21B.45 Reporting/coordination
(a) The competent authority of the Member State shall ensure coordination as applicable with other related certification,
investigation, approval or authorisation teams of that authority, other Member States and the Agency to ensure effi-
cient exchange of information relevant for safety of the products, parts and appliances.
(b) The competent authority of the Member State shall notify any difficulty in the implementation of this Part to the
Agency.
The competent authority of the Member State shall keep, or maintain access to, the appropriate records related to the
certificates, approvals and authorisations it has granted in accordance with the respective national regulations, and for
which responsibility is transferred to the Agency, as long as these records have not been transferred to the Agency.
When the a competent authority of a Member State receives an airworthiness directive from the competent authority of
a non-member State, that airworthiness directive shall be transferred to the Agency for dissemination in accordance with
Article 15 of the basic Regulation.
21B.120 Investigation
(a) The Competent Authority shall appoint an investigation team for each applicant for, or holder of, a letter of agree-
ment to conduct all relevant tasks related to this letter of agreement, consisting of a team-leader to manage and lead
the investigation team and, if required, one or more team members. The team-leader reports to the manager respon-
sible for the activity, as defined in 21B.25 (b)(2).
(b) The Competent Authority shall perform sufficient investigation activities for an applicant for, or holder of, a letter of
agreement to justify recommendations for the issuance, maintenance, amendment, suspension or revocation of the
letter of agreement.
(c) The Competent Authority shall prepare procedures for the investigation of applicants for, or holders of, a letter of
agreement as part of the documented procedures covering at least the following elements:
1. evaluation of applications received;
2. determination of investigation team;
3. investigation preparation and planning;
4. evaluation of the documentation (manual, procedures, etc.);
5. auditing and inspection;
6. follow up of corrective actions; and
7. recommendation for issuance, amendment, suspension or revocation of the letter of agreement.
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(a) When satisfied that the manufacturer is in compliance with the applicable requirements of Section A, Subpart F, the
Competent Authority shall issue a letter of agreement to the showing of conformity of individual products, parts or
appliances (EASA Form 65, see Appendix) without undue delay.
(b) The letter of agreement shall contain the scope of the agreement, a termination date and, where applicable, the
appropriate limitations relating to the authorisation.
(c) The duration of the letter of agreement shall not exceed one year.
The Competent Authority shall maintain the letter of agreement as long as:
(a) The manufacturer is properly using the EASA Form 52 (see Appendix) as a Statement of Conformity for complete
aircraft, and the EASA Form 1 (see Appendix) for products other than complete aircraft, parts and appliances; and
(b) Inspections performed by the Competent Authority of the Member State before validation of the EASA Form 52 (see
Appendix) or the EASA Form 1 (see Appendix), as per 21A.130(c) and did not reveal any findings of non-compli-
ance against the requirements or the procedures as contained in the manual provided by the manufacturer, or
against the conformity of the respective products, parts or appliances. These inspections shall check at least that:
1. The agreement covers the product, part or appliance being validated, and remains valid;
2. The manual described in 21A.125(b) and its change status referred in the letter of agreement is used as basic
working document by the manufacturer. Otherwise, the inspection shall not continue and therefore the release
certificates shall not be validated;
3. Production has been carried out under the conditions prescribed in the letter of agreement and satisfactorily
performed;
4. Inspections and tests (including flight tests, if appropriate), as per 21A.130(b)(2) and/or (b)(3), have been carried
out under the condition prescribed in the letter of agreement and satisfactorily performed;
5. The inspections by the Competent Authority described or addressed in the letter of agreement have been
performed and found acceptable;
6. The statement of conformity complies with 21A.130, and the information provided by it does not prevent its
validation; and
(c) Any termination date for the letter of agreement has not been reached.
(a) The Competent Authority shall investigate, as appropriate, in accordance with 21B.120 any amendment of the letter
of agreement.
(b) When the Competent Authority is satisfied that the requirements of Section A, Subpart F continue to be complied
with it shall amend the letter of agreement accordingly.
(a) When objective evidence is found by the Competent Authority, showing non compliance of the holder of a letter of
agreement with the applicable requirements of this Part, this finding shall be classified in accordance with 21A.125B
and:
1. A level one finding shall be notified to the holder of the letter of agreement immediately and shall be confirmed
in writing within 3 working days after determination.
2. A level two finding shall be confirmed in writing to the holder of the letter of agreement within 14 working days
after determination.
(b) The Competent Authority shall identify to the holder of the letter of agreement any level three finding, as defined in
21A.125B(b), by appropriate means, at its convenience.
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(a) In case of level one or level two findings, the Competent Authority shall partly or fully limit, suspend or revoke a
letter of agreement as follows:
1. In case of a level one finding the letter of agreement shall be immediately limited or suspended. If the holder of
the letter of agreement fails to comply with 21A.125B(c)(1), the letter of agreement shall be revoked.
2. In case of a level two finding, the Competent Authority shall decide on any restriction to the letter of agreement
by temporary suspension of the letter of agreement or parts thereof. If the holder of the letter of agreement fails
to comply with 21A.125B(c)(2), the letter of agreement shall be revoked.
(b) The suspension or revocation of the letter of agreement shall be communicated in writing to the holder of the letter
of agreement. The Competent Authority shall state the reasons for the limitation, suspension or revocation and
inform the holder of the letter of agreement on its right to appeal.
(c) When a letter of agreement has been suspended it shall only be reinstated after compliance with Section A, Subpart
F has been re-established.
(a) The Competent Authority shall establish a system of record keeping that allows adequate traceability of the process
to issue, maintain, amend, suspend or revoke each individual letter of agreement.
(c) The records shall be archived for a minimum retention period of six years after termination of the letter of agree-
ment.
(d) The Competent Authority shall also maintain records of all Statements of Conformity (EASA Form 52, see
Appendix) and Authorised Release Certificates (EASA Form 1, see Appendix) that it has validated.
21B.220 Investigation
(a) The Competent Authority shall appoint a production organisation approval team for each applicant, or holder of, a
production organisation approval to conduct all relevant tasks related to this production organisation approval,
consisting of a team leader to manage and lead the approval team and, if required, one or more team members. The
team leader reports to the manager responsible for the activity as defined in 21B.25(b)(2).
(b) The Competent Authority shall perform sufficient investigation activities for an applicant for, or holder of, a produc-
tion organisation approval to justify recommendations for the issuance, maintenance, amendment, suspension or
revocation of the approval.
(c) The Competent Authority shall prepare procedures for the investigation of a production organisation approval as
part of the documented procedures covering at least the following elements:
1. evaluation of applications received;
2. determination of production organisation approval team;
3. investigation preparation and planning;
4. evaluation of the documentation (production organisation exposition, procedures, etc.);
5. auditing;
6. follow up of corrective actions;
7. recommendation for issuance, amendment, suspension or revocation of production organisation approval;
8. continued surveillance.
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(a) When objective evidence is found showing non compliance of the holder of a production organisation approval with
the applicable requirements of this Part, this finding shall be classified in accordance with 21A.158(a) and:
1. A level one finding shall be notified to the holder of a production organisation approval immediately and shall be
confirmed in writing within 3 working days after determination.
2. A level two finding shall be confirmed in writing to the holder of the production organisation approval within
14 working days after determination.
(b) The Competent Authority shall identify to the holder of the production organisation approval any level three finding,
as defined in 21A.158(b), by appropriate means, at its convenience.
(a) When satisfied that the production organisation is in compliance with the applicable requirements of Section A,
Subpart G, the Competent Authority shall issue a Production Organisation Approval (EASA Form 55, see Appendix
) without undue delay.
(b) The reference number shall be included on the EASA Form 55 in a manner specified by the Agency.
(a) In order to justify the maintenance of the production organisation approval the Competent Authority competent
authority shall perform continued surveillance:
1. to verify that the production organisation approval holder's quality system still complies with Section A, Subpart
G; and
2. to verify that the organisation of the production organisation approval holder operates in accordance with the
production organisation exposition; and
3. to verify the effectiveness of the production organisation exposition procedures; and
4. to monitor by sample the standards of the product, part or appliance.
(c) The Competent Authority shall provide through planned continued surveillance that a production organisation
approval is completely reviewed for compliance with this Part during a period of 24 months. The continued surveil-
lance may be made up of several investigation activities during this period. The number of audits may vary
depending upon the complexity of the organisation, the number of sites and the criticality of the production. As a
minimum the holder of a production organisation approval shall be subject to continued surveillance activity by the
Competent Authority at least once every year.
(a) The Competent Authority shall monitor any minor change through the continued surveillance activities.
(b) The Competent Authority shall investigate as appropriate in accordance with 21B.220 any significant change of a
production organisation approval or application by the holder of a production organisation approval for an amend-
ment of the scope and terms of approval.
(c) When the Competent Authority is satisfied that the requirements of Section A, Subpart G continue to be complied
with it shall amend the production organisation approval accordingly.
(a) In case of a level one or level two finding, the Competent Authority shall partly or fully limit, suspend or revoke a
production organisation approval as follows:
1. In case of a level one finding the production organisation approval shall be immediately limited or suspended. If
the holder of the production organisation approval fails to comply with 21A.158(c)(1), the production organisa-
tion approval shall be revoked.
2. In case of a level two finding, the Competent Authority shall decide on any restriction to the scope of approval
by temporary suspension of the production organisation approval or parts thereof. If the holder of a production
organisation approval fails to comply with 21A.158(c)(2), the production organisation approval shall be revoked.
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(b) The limitation, suspension or revocation of the production organisation approval shall be communicated in writing
to the holder of the production organisation approval. The Competent Authority shall state the reasons for the
suspension or revocation and inform the holder of the production organisation approval on its right to appeal.
(c) When a production organisation approval has been suspended it shall only be reinstated after compliance with
Section A, Subpart G has been re-established.
(a) The Competent Authority shall establish a system of record keeping that allows adequate traceability of the process
to issue, maintain, amend, suspend or revoke each individual production organisation approval.
(c) The records shall be archived for a minimum retention period of six years.
21B.320 Investigation
(a) The competent authority of the Member State of registry shall perform sufficient investigation activities for an appli-
cant for, or holder of, an airworthiness certificate to justify the issuance, maintenance, amendment, suspension or
revocation of the certificate or permit.
(b) The competent authority of the Member State of registry shall prepare evaluation procedures covering at least the
following elements:
1. evaluation of eligibility of the applicant;
2. evaluation of the eligibility of the application;
3. classification of airworthiness certificates;
4. evaluation of the documentation received with the application;
5. inspection of aircraft;
6. determination of necessary conditions, restrictions or limitations to the airworthiness certificates.
(a) The competent authority of the Member State of registry shall, as applicable, issue, or amend a Certificate of
Airworthiness (EASA Form 25, see Appendix), Restricted Certificate of Airworthiness (EASA Form 24, see Appendix)
or Permit to Fly (EASA Form 20, see Appendix) without undue delay when it is satisfied that the applicable require-
ments of Section A, Subpart H are met.
(b) In addition to an airworthiness certificate for a new aircraft or used aircraft originating from a non-member State,
the competent authority of the Member State of registry shall issue an initial airworthiness review certificate (EASA
Form 15a, see Appendix).
(a) Upon evidence that any of the conditions specified in 21A.181(a) is not met, the competent authority of the Member
State of registry shall suspend or revoke an airworthiness certificate.
(b) Upon issuance of the notice of suspension and revocation of a certificate of airworthiness, restricted certificate of
airworthiness or permit to fly the competent authority of the Member State of registry shall state the reasons for the
suspension or revocation and inform the holder of the certificate or permit on its right to appeal.
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(a) The competent authority of the Member State of registry shall establish a system of record keeping that allows
adequate traceability of the process to issue, maintain, amend, suspend or revoke each individual airworthiness certi-
ficate.
(b) The records shall at least contain:
1. the documents provided by the applicant,
2. documents established during the investigation, in which the activities and the final results of the elements
defined in 21B.320(b) are stated, and
3. a copy of the certificate or permit, including amendments.
(c) The records shall be archived for a minimum retention period of six years after leaving that national register.
21B.420 Investigation
(a) The competent authority of the Member State of registry shall perform sufficient investigation activities for an appli-
cant for, or holder of, a noise certificate to justify the issuance, maintenance, amendment, suspension or revocation
of the certificate.
(b) The competent authority of the Member State of registry shall prepare evaluation procedures as part of the docu-
mented procedures covering at least the following elements:
1. evaluation of eligibility;
2. evaluation of the documentation received with the application;
3. inspection of aircraft.
The competent authority of the Member State of registry shall, as applicable, issue, or amend noise certificates (EASA
Form 45, see Appendix ) without undue delay when it is satisfied that the applicable requirements of Section A, Subpart
I are met.
(a) Upon evidence that some of the conditions specified in 21A.211(a) are not met, the competent authority of the
Member State of registry shall suspend or revoke a noise certificate.
(b) Upon issuance of the notice of suspension and revocation of a noise certificate the competent authority of the
Member State of registry shall state the reasons for the suspension and revocation and shall inform the holder of the
certificate on its right to appeal.
(a) The competent authority of the Member State of registry shall establish a system of record keeping with minimum
retention criteria that allows adequate traceability of the process to issue, maintain, amend, suspend or revoke each
individual noise certificate.
(b) The records shall at least contain:
1. the documents provided by the applicant,
2. documents established during the investigation, in which the activities and the final results of the elements
defined in 21B.420(b) are stated,
3. a copy of the certificate including amendments.
(c) The records shall be archived for a minimum retention period of six years after leaving that national register.
SUBPART M — REPAIRS
Administrative procedures established by the Agency shall apply.
Appendices
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