Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (recast) Text with EEA relevance

Article 1

Scope and definitions

This Regulation lays down, in accordance with Articles 19, 58 and 62 of Regulation (EU) 2018/1139 of the European Parliament and of the Council (¹), common technical requirements and administrative procedures for the airworthiness and environmental protection certification or declaration of compliance of products, parts, appliances, control and monitoring units and control and monitoring unit components specifying:

(a) the issue of type certificates, restricted type certificates, supplemental type certificates and changes to those certificates;

(b) the issue of certificates of airworthiness, restricted certificates of airworthiness, permits to fly and authorised release certificates;

(c) the issue of repair design approvals;

(d) the showing of compliance with environmental protection requirements;

(e) the issue of noise certificates and restricted noise certificates;

(f) the identification of products, parts, appliances, control and monitoring units and control and monitoring unit components;

(g) the certification of certain parts, appliances and control and monitoring unit components;

(h) the certification of design and production organisations;

(i) the issue of airworthiness directives;

(j) the making of declarations of design compliance and changes to those declarations;

(k) the making of declarations of design and production capability.

For the purpose of this Regulation, the following definitions shall apply:

(a) ‘JAA’ means the ‘Joint Aviation Authorities’;

(b) ‘JAR’ means ‘Joint Aviation Requirements’;

(c) ‘Part 21’ means the requirements and procedures for the certification of aircraft and related products, parts, appliances, control and monitoring units and control and monitoring unit components, and of design and production organisations laid down in Annex I to this Regulation;

(d) ‘Part 21 Light’ means the requirements and procedures for the certification or declaration of design compliance of aircraft other than unmanned aircraft intended primarily for sports and recreational use and of related products and parts, and declaration of design and production capability of organisations laid down in Annex Ib (Part 21 Light) to this Regulation;

(e) ‘principal place of business’ means the head office or registered office of the undertaking within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised;

(f) ‘article’ means any part and appliance to be used on civil aircraft and any control and monitoring unit component;

(g) ‘ETSO’ means European Technical Standard Order. The European Technical Standard Order is a detailed airworthiness specification issued by the European Union Aviation Safety Agency (the ‘Agency’) to ensure compliance with the requirements of this Regulation as a minimum performance standard for specified articles;

(h) ‘EPA’ stands for European Part Approval. The European Part Approval of an article means that the article has been produced in accordance with approved design data not belonging to the type-certificate holder of the related product and control and monitoring unit, except for ETSO articles;

(ha) ‘complex motor-powered aircraft’ means: (i) an aeroplane — with a maximum certificated take-off mass exceeding 5 700 kg, or — certificated for a maximum passenger seating configuration of more than nineteen, or — certificated for operation with a minimum crew of at least two pilots, or — equipped with (a) turbojet engine(s) or more than one turboprop engine, or (ii) a helicopter certificated: — for a maximum take-off mass exceeding 3 175 kg, or — for a maximum passenger seating configuration of more than nine, or — for operation with a minimum crew of at least two pilots, or (iii) a tilt rotor aircraft;

(i) ‘ELA1 aircraft’ means the following manned European Light Aircraft: (i) an aeroplane with a maximum take-off mass (MTOM) of 1 200 kg or less that is not classified as complex motor-powered aircraft; (ii) a sailplane or powered sailplane of 1 200 kg MTOM or less; (iii) a balloon with a maximum design lifting gas or hot air volume of not more than 3 400 m3 for hot air balloons, 1 050 m3 for gas balloons, 300 m3 for tethered gas balloons; (iv) an airship designed for not more than four occupants and a maximum design lifting gas or hot air volume of not more than 3 400 m3 for hot air airships and 1 000 m3 for gas airships;

(j) ‘ELA2 aircraft’ means the following manned European Light Aircraft: (i) an aeroplane with a maximum take-off mass (MTOM) of 2 000 kg or less that is not classified as complex motor-powered aircraft; (ii) a sailplane or powered sailplane of 2 000 kg MTOM or less; (iii) a balloon; (iv) a hot air airship; (v) a gas airship complying with all of the following characteristics: — 3 % maximum static heaviness, — non-vectored thrust (except reverse thrust), — conventional and simple design of structure, control system and ballonet system, — non-power assisted controls; (vi) a rotorcraft with an MTOM not exceeding 600 kg which is of a simple design, designed to carry not more than two occupants, not powered by turbine and/or rocket engines; restricted to VFR day operations;

(k) ‘operational suitability data (OSD)’ means data, which is part of an aircraft type certificate, restricted type certificate or supplemental type certificate, consisting of all of the following: (i) the minimum syllabus of pilot type rating training, including determination of type rating; (ii) the definition of scope of the aircraft validation source data to support the objective qualification of simulators or the provisional data to support their interim qualification; (iii) the minimum syllabus of maintenance certifying staff type rating training, including determination of type rating; (iv) determination of type or variant for cabin crew and type-specific data for cabin crew; (v) the master minimum equipment list;

(l) ‘control and monitoring unit (CMU)’ means the equipment to control and monitor unmanned aircraft remotely, as defined in Article 3(32) of Regulation (EU) 2018/1139;

(m) ‘control and monitoring unit component’ means any element of the control and monitoring unit;

(n) ‘control and monitoring unit installation’ means the process to integrate the control and monitoring unit components in a physical environment eligible for that purpose according to a set of installation and testing instructions, such that the installed control and monitoring unit can be used to operate an unmanned aircraft;

(o) ‘unmanned aircraft system (UAS)’ means an unmanned aircraft, as defined in Article 3(30) of Regulation (EU) 2018/1139, and its control and monitoring unit;

(p) ‘VTOL-capable aircraft’ (VCA) means a power-driven, heavier-than-air aircraft other than aeroplane or rotorcraft, capable of performing vertical take-off and landing by means of lift and thrust units used to provide lift during the take-off and landing.

Article 2

Certification of products, parts, appliances, control and monitoring unit and control and monitoring unit components

By way of derogation from paragraph 1, certificates may be alternatively issued as specified in Annex I (b) (Part 21 Light) for the following products other than unmanned aircraft:

(a) an aeroplane with a maximum take-off mass (MTOM) of 2 000 kg or less and a maximum operational seating configuration of four persons;

(b) a sailplane or powered sailplane of 2 000 kg MTOM or less;

(c) a balloon;

(d) a hot air airship;

(e) a passenger gas airship designed for not more than four persons;

(f) a rotorcraft of 1 200 kg MTOM or less and a maximum operational seating configuration of four persons;

(g) a piston engine or fixed pitch propeller that is intended to be installed on an aircraft referred to in points (a) to (f); or

(h) a gyroplane.

By way of derogation from paragraphs 1 and 2, a declaration of design compliance may alternatively be made, as specified in Annex Ib (Part 21 Light), for the following products other than unmanned aircraft:

(a) an aeroplane of 1 200 kg MTOM or less that is not jet-powered and with a maximum operational seating configuration of two persons;

(b) a sailplane or a powered sailplane of 1 200 kg MTOM or less;

(c) a balloon designed for not more than four persons;

(d) a hot air airship designed for not more than four persons.

Article 2a

Transitional arrangements for certificates previously issued under Annex I (Part 21)

Article 3

Continued validity of type-certificates and related certificates of airworthiness

With regard to products which had a type-certificate, or a document allowing the issuing of a certificate of airworthiness, issued before 28 September 2003 by a Member State, the following provisions shall apply:

(a) the product shall be deemed to have a type-certificate issued in accordance with this Regulation when: (i) its type-certification basis was: — the JAA type-certification basis, for products that have been certificated under JAA procedures, as defined in their JAA data sheet, or — for other products, the type-certification basis as defined in the type-certificate data sheet of the State of design, if that State of design was: — a Member State, unless the Agency determines, taking into account, in particular, certification specifications used and service experience, that such type-certification basis does not provide for a level of safety equivalent to that required by Regulation (EU) 2018/1139 and this Regulation, or — a State with which a Member State had concluded a bilateral airworthiness agreement or similar arrangement under which such products have been certificated on the basis of the certification specifications of that State of design, unless the Agency determines that such certification specifications or service experience or the safety system of that State of design do not provide for a level of safety equivalent to that required by Regulation (EU) 2018/1139 and this Regulation. The Agency shall make a first evaluation of the implication of the provisions of the second indent in view of producing an opinion to the Commission including possible amendments to this Regulation; (ii) the environmental protection requirements were those laid down in Annex 16 to the Chicago Convention, as applicable to the product; (iii) the applicable airworthiness directives were those of the State of design;

(b) the design of an individual aircraft, which was on the register of a Member State before 28 September 2003, shall be deemed to have been approved in accordance with this Regulation when: (i) its basic type design was part of a type-certificate referred to in point (a); (ii) all changes to this basic type design, which were not under the responsibility of the type-certificate holder, had been approved; and (iii) the airworthiness directives issued or adopted by the Member State of registry before 28 September 2003 were complied with, including any variations to the airworthiness directives of the State of design agreed by the Member State of registry.

With regard to products for which a type-certification process was proceeding through the JAA or a Member State on 28 September 2003, the following shall apply:

(a) if a product is under certification by several Member States, the most advanced project shall be used as the reference;

(b) points 21.A.15(a), (b) and (c) of Annex I (Part 21) shall not apply;

(c) by way of derogation from point 21.B.80 of Annex I (Part 21), the type-certification basis shall be that established by the JAA or, where applicable, the Member State at the date of application for the approval;

(d) compliance findings made under JAA or Member State procedures shall be deemed to have been made by the Agency for the purposes of compliance with points 21.A.20(a) and (d) of Annex I (Part 21).

With regard to products that have a national type certificate, or equivalent, and for which the approval process of a change carried out by a Member State was not finalised at the time when the type certificate had to be approved in accordance with this Regulation, the following conditions shall apply:

(a) if an approval process is being carried out by several Member States, the most advanced project shall be used as the reference;

(b) point 21.A.93 of Annex I (Part 21) shall not apply;

(c) the applicable type-certification basis shall be that established by the JAA or, where applicable, the Member State at the date of application for the approval of change;

(d) compliance findings made under JAA or Member State procedures shall be deemed to have been made by the Agency for the purposes of compliance with point 21.B.107 of Annex I (Part 21).

Article 4

Continued validity of supplemental type-certificates

With regard to supplemental type-certificates for which a certification process was being carried out by a Member State on 28 September 2003 under applicable JAA supplemental type-certificate procedures and with regard to major changes to products, proposed by persons other than the type-certificate holder of the product, for which a certification process was being carried out by a Member State on 28 September 2003 under applicable national procedures, the following shall apply:

(a) if a certification process was being carried out by several Member States, the most advanced project shall be used as the reference;

(b) point 21.A.113 (a) and (b) of Annex I (Part 21) shall not apply;

(c) the applicable certification basis shall be that established by the JAA or, where applicable, the Member State at the date of application for the supplemental type-certificate or the major change approval;

(d) the 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 point 21.A.115(a) of Annex I (Part 21).

Article 6

Continued validity of parts and appliances certificates

With regard to parts and appliances for which an approval or authorisation process was being carried out by a Member State on 28 September 2003, the following shall apply:

(a) if an authorisation process was being carried out by several Member States, the most advanced project shall be used as the reference;

(b) point 21.A.603 of Annex I (Part 21) shall not apply;

(c) the applicable data requirements laid down in point 21.A.605 of Annex I (Part 21) shall be those established by the relevant Member State, at the date of application for the approval or authorisation;

(d) compliance findings made by the relevant Member State shall be deemed to have been made by the Agency for the purpose of complying with point 21.A.606(b) of Annex I (Part 21).

Article 7

Permit to fly

The conditions determined before 28 March 2007 by the Member States for permits to fly or other airworthiness certificate issued for aircraft which did not hold a certificate of airworthiness or restricted certificate of airworthiness issued under this Regulation, are deemed to have been determined in accordance with this Regulation, unless the Agency has determined before 28 March 2008 that such conditions do not provide for a level of safety equivalent to that required by Regulation (EC) No 216/2008 or this Regulation.

Article 7a

Operational suitability data

Article 8

Design organisations

Where after 7 March 2025, the organisation has not closed such findings, the approval certificate shall be revoked, limited or suspended in whole or in part.

By way of derogation from paragraph 1, an organisation whose principal place of business is in a non-Member State may demonstrate its capability by holding a certificate issued by that State for the product, part, appliance, control and monitoring unit and control and monitoring unit component for which it applies in accordance with Annex I (Part 21), provided:

(a) that State is the State of design;

(b) the Agency has determined that the system of that State includes the same independent level of checking of compliance as provided by this Regulation, either through an equivalent system of approvals of organisations or through direct involvement of the competent authority of that State.

Article 9

Production organisations

By way of derogation from paragraph 1, a manufacturer whose principal place of business is in a non-Member State may demonstrate its capability by holding a certificate issued by that State for the product, part, appliance, control and monitoring unit and control and monitoring unit component for which it applies, provided that both of the following conditions are fulfilled:

(a) that State is the State of manufacture;

(b) the Agency has determined that the system of that State includes the same independent level of checking of compliance as provided for by this Regulation, either through an equivalent system of approvals of organisations or through direct involvement of the competent authority of that State.

Where after 7 March 2025 the organisation has not closed those findings, the approval certificate shall be revoked, limited or suspended in whole or in part.

Article 10

Agency measures

Article 11

Repeal

Regulation (EC) No 1702/2003 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.

Article 12

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

PART 21

Certification of aircraft and related products, parts, appliances, control and monitoring units and control and monitoring unit components, and of design and production organisations

21.1.   Competent authority

For the purpose of this Annex, the ‘competent authority’ shall be:

(a) for Section A, Subpart A,

(b) for Section A, Subparts B, D, E, J, K, M, O and Q, the Agency;

(c) for Section A, Subparts F and G: