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

• (g) under procedures agreed with its competent authority for production, for an aircraft it has produced and when the production organisation itself is controlling under its Production Organisation Approval the configuration of the aircraft and is attesting conformity with the design conditions approved for the flight, to issue a permit to fly in accordance with point 21.A.711(c) including approval of the flight conditions in accordance with point 21.A.710(b).

21.A.165   Obligations of the holder

Pursuant to the terms of approval issued under point 21.A.135, the holder of a production organisation approval shall:

• (a) ensure that the production organisation exposition furnished in accordance with point 21.A.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 organisation 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
• 1. determine that other products, parts, appliances, CMUs or CMU components are complete and conform to the approved design data and are in a condition for safe operation before issuing an EASA Form 1 to certify their conformity to approved or declared design data and that they are in a condition for safe operation;
• 1. additionally, in the case of environmental protection, determine that:
• (i) the completed engine is in compliance with the applicable engine exhaust emissions requirements on the date of manufacture of the engine; and
• (ii) the completed aeroplane is in compliance with the applicable CO2 emissions requirements on the date its first certificate of airworthiness is issued.
• 1. determine that other products, parts, appliances, CMUs or CMU components conform to the applicable data before issuing an EASA Form 1 as a conformity certificate;

• (d) provide assistance to the holder of the type-certificate or other design approval or a natural or legal person who made a declaration of design compliance under Subpart C of Section A of Annex Ib (Part 21 Light) in dealing with any continuing airworthiness actions that are related to the products, parts, appliances, UAS, CMUs or CMU components that have been produced;

• (e) where, under its terms of approval, the holder intends to issue a certificate of release to service, determine that each completed aircraft has been subjected to the necessary maintenance and is in a condition for safe operation, prior to issuing the certificate;

• (f) where applicable, under the privilege of point 21.A.163(e), determine the conditions under which a permit to fly can be issued;

• (g) where applicable, under the privilege of point 21.A.163(e), establish compliance with points 21.A.711(c) and (e) before issuing an aircraft with a permit to fly;

• (h) comply with Subpart A of this Section.

SUBPART H —   CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS

21.A.171   Scope

This Subpart establishes the procedure for issuing airworthiness certificates to aircraft which conform to a type certificate that has been issued in accordance with this Annex.

21.A.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.

21.A.173   Classification

Airworthiness certificates shall be classified as follows:

• (a) certificates of airworthiness shall be issued to aircraft which conform to a type-certificate that has been issued in accordance with this Annex I (Part 21);

• (b) restricted certificates of airworthiness shall be issued to aircraft:
• 1. which conform to a restricted type-certificate that has been issued in accordance with this Annex I (Part 21); or
• 1. which have been shown to the Agency to comply with specific airworthiness specifications ensuring adequate safety.

21.A.174   Application

• (a)Pursuant to point 21.A.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 a restricted certificate of airworthiness shall include:

• 1. the class of the airworthiness certificate for which an application has been made;

• 1. with regard to new aircraft:
• (i) a statement of conformity:
• — issued under point 21.A.163(b); or
• — issued under point 21.A.130 and validated by the competent authority; or
• — for an imported aircraft, a statement of conformity issued under point 21.A.163(b) or, in the case of an aircraft imported in accordance with Article 9(2) of this Regulation, a statement signed by the exporting authority that the aircraft conforms to a design approved by the Agency;
• (ii) the mass and balance statement corresponding to the aircraft current configuration, as applicable;
• (iii) the flight manual if required by the applicable type-certification basis;

• 1. with regard to used aircraft that at the time of the application:
• (i) has an airworthiness certificate issued in accordance with this Annex, a copy of such certificate and one of the following documents:
• (A) a valid airworthiness review certificate (ARC) issued in accordance with Annex I (Part-M) or Annex Vb (Part-ML) to Commission Regulation (EU) No 1321/2014 ([^E0008]), or with Annex I (Part-ML.UAS) to Delegated Regulation (EU) 2024/1107, as applicable;
• (B) a recommendation for the issuance of an airworthiness review certificate pursuant to an airworthiness review in accordance with Annex I (Part-M) to Regulation (EU) No 1321/2014, where the conditions set out in point M.A.901(b)(1) of Annex I (Part-M) to Regulation (EU) No 1321/2014 are not met;
• (ii) does not have an airworthiness certificate issued in accordance with this Annex:
• (A) a statement from the appropriate authority that was responsible for the oversight of the aircraft reflecting the airworthiness status of the aircraft at the time that authority ceased its oversight responsibilities;
• (B) the mass and balance statement corresponding to the aircraft current configuration, as applicable;
• (C) the flight manual if required by the applicable type-certification basis;
• (D) historical records necessary to establish the production, configuration and maintenance standard of the aircraft, including all limitations associated with a restricted certificate of airworthiness issued in accordance with point 21.B.327;
• (E) a recommendation for the issuance of an airworthiness review certificate pursuant to an airworthiness review in accordance with Annex I (Part-M) to Regulation (EU) No 1321/2014 or an airworthiness review certificate in accordance with Annex Vb (Part-ML) to Regulation (EU) No 1321/2014 or with Annex I (Part-ML.UAS) to Delegated Regulation (EU) 2024/1107, unless it is agreed that the airworthiness review is to be carried out by the competent authority;
• (F) the date on which the first certificate of airworthiness was issued and, if the standards set out in Volume III of Annex 16 to the Chicago Convention apply, the CO2 metric value data;
• (G) if the former airworthiness certificate of the aircraft was issued in accordance with this Annex but has been subsequently revoked or surrendered, alternatively to the statement required in point (A), all of the following documentation:
• (a) a statement containing:
• (1) the details of the reasons for the revocation or surrender of the airworthiness certificate;
• (2) the details of how the aircraft has been preserved and maintained since the revocation or surrender of the airworthiness certificate;
• (3) all other relevant information related to the condition and history of the aircraft;
• (b) an evaluation programme developed and carried out in accordance with points 21.A.174(d)(3) and 21.A.174(d)(4), unless otherwise agreed by the competent authority of the Member State of registry.

• (c)Unless otherwise agreed, the statements referred to in points (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.

• (d)By way of derogation from point 21.A.174(b)(3)(ii)(A), in exceptional cases and with prior agreement by the competent authority, an application may be made without a statement reflecting the airworthiness status of the aircraft, provided that all the following conditions are met:

• (1) the competent authority of the Member State of registry is satisfied that the airworthiness statement has not been denied by the former aviation authority because of airworthiness concerns, unless those concerns have been addressed and corrected;

• (2) there is evidence available to the competent authority of the Member State of registry as to the approved design according to which the aircraft was initially built and delivered;

• (3) an evaluation programme is developed detailing the investigations which are necessary to compensate for the lack of the airworthiness statement referred to in point 21.A.174(b)(3)(ii)(A);

• (4) the investigation activities were conducted in accordance with the evaluation programme, and the results have been summarised in an evaluation report;

• (5) upon request by the competent authority of the Member State of registry, the applicant provides access to, and copies of, any information that was used to generate the evaluation programme and evaluation report.

• The evaluation programme referred to in the first paragraph, point (3), shall ensure that the aircraft and its records are in a condition that makes the aircraft eligible for the issuance of an airworthiness certificate, through comprehensive investigations conducted by an approved organisation or the competent authority. The programme shall identify any discrepancies or deficiencies which, after the necessary corrective actions, will bring the aircraft into compliance with the applicable airworthiness standards. The evaluation programme shall not replace the tasks carried out by the person or organisation responsible for continuing airworthiness or airworthiness review tasks, but shall complement them.

• The evaluation programme shall be developed, and the investigations detailed in it shall be performed, by:

• (i) an organisation approved in accordance with point CAMO.A.125(g) of Annex Vc (Part-CAMO) or point CAO.A.095(c)(3) of Annex Vd (Part-CAO) to Regulation (EU) No 1321/2014, or in accordance with Annex II (Part-CAO.UAS) to Delegated Regulation (EU) 2024/1107, as applicable;

• (ii) the competent authority of the Member State of registry, only for aircraft of 2 730  kg MTOM and below and upon the acceptance of that authority.

• The evaluation programme shall specify the activities to be performed to identify the status of the aircraft with regard to conformity to the approved type design, existing modifications and repairs and maintenance, and continuing airworthiness status. The evaluation programme, if developed by an organisation referred to in the third paragraph, point (i), shall be accepted by the competent authority of the Member State of registry before the evaluation is conducted.

21.A.175   Language

The manuals, placards, listings, and instrument markings and other necessary information required by applicable certification specifications shall be presented in one or more of the official language(s) of the European Union acceptable to the competent authority of the Member State of registry.

21.A.177   Amendment or modification

An airworthiness certificate may be amended or modified only by the competent authority of the Member State of registry.

21.A.179   Transferability

The airworthiness certificate and the airworthiness review certificate shall be transferred together with the aircraft provided that the aircraft remains on the same register.

21.A.181   Duration and continued validity

• (a)An airworthiness certificate shall be issued for an unlimited period of time. It shall remain valid subject to compliance with all the following conditions:

• 1. the aircraft continues to comply with the applicable type design and continued airworthiness requirements; and

• 1. the aircraft remaining on the same register; and

• 1. the type-certificate or restricted type-certificate under which it is issued not being previously invalidated under point 21.A.51;

• 1. the certificate has not been revoked by the competent authority under point 21.B.65, or surrendered by the certificate holder.

• (b)Upon surrender or revocation, the certificate shall be returned to the competent authority of the Member State of registry.

21.A.182   Aircraft identification

Each applicant for an airworthiness certificate under this Subpart shall demonstrate that its aircraft is identified in accordance with Subpart Q.

SUBPART I —   NOISE CERTIFICATES

21.A.201   Scope

This Subpart establishes the procedure for issuing noise certificates to aircraft which conform to a type certificate that has been issued in accordance with this Annex.

21.A.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.

21.A.204   Application

• (a)Pursuant to point 21.A.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.

• (b)Each application shall include:

• 1. with regard to new aircraft:
• (i) a statement of conformity:
• — issued under point 21.A.163(b); or
• — issued under point 21.A.130 and validated by the competent authority; or
• — for an imported aircraft, a statement of conformity issued under point 21.A.163(b) or, in the case of an aircraft imported in accordance with Article 9(4) of this Regulation, a statement signed by the exporting authority that the aircraft conforms to a design approved by the Agency; and
• (ii) the noise information determined in accordance with the applicable noise requirements;

• 1. with regard to used aircraft:
• (i) the noise information determined in accordance with the applicable noise requirements; and
• (ii) historical records to establish the production, modification, and maintenance standard of the aircraft.

• (c)Unless otherwise agreed, the statements referred to in point (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.

21.A.207   Amendment or modification

A noise certificate may be amended or modified only by the competent authority of the Member State of registry.

21.A.209   Transferability and re-issuance within Member States

Where ownership of an aircraft has changed:

• (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.

21.A.211   Duration and continued validity

• (a)A noise certificate shall be issued for an unlimited period of time. It shall remain valid subject to compliance with all the following conditions:

• 1. the aircraft continues to comply with the applicable type design and continued airworthiness requirements; and

• 1. the aircraft remaining on the same register; and

• 1. the type-certificate or restricted type-certificate under which it is issued not being previously invalidated under point 21.A.51;

• 1. the certificate has not been revoked by the competent authority under point 21.B.65, or surrendered by the certificate holder.

• (b)Upon surrender or revocation, the certificate shall be returned to the competent authority of the Member State of registry.

SUBPART J —   DESIGN ORGANISATION APPROVAL

21.A.231   Scope

This Subpart establishes the procedure for the approval of design organisations and rules governing the rights and obligations of applicants for, and holders of, such approvals. In this Subpart, the references to type-certificates include type-certificates and restricted type-certificates.

21.A.233   Eligibility

Any natural or legal person (‘organisation’) shall be eligible as an applicant for an approval under this Subpart:

• (a) in order to demonstrate compliance with points 21.A.14, 21.A.112B, 21.A.432B or 21.A.602Bof this Annex; or

• (b) in order to demonstrate compliance with points 21L.A.23, 21L.A.83 or 21L.A.204 of Annex Ib (Part 21 Light); or

• (c) for the purpose of obtaining privileges under point 21.A.263 regarding approval of minor changes or minor repair design, or issuing declarations of compliance regarding minor changes or minor repair design of aircraft for which design compliance has been declared in accordance with Subpart C of Section A of Annex Ib (Part 21 Light).

21.A.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 point 21.A.243, and the terms of approval requested to be issued under point 21.A.251.

21.A.235   Issue of design organisation approval

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.

21.A.239   Design management system

• (a) The design organisation shall establish, implement and maintain a design management system that includes a safety management element and a design assurance element with clearly defined accountability and lines of responsibility throughout the organisation.

• (b) The design management system shall:
• 1. correspond to the size of the organisation and to the nature and complexity of its activities, taking into account the hazards and associated risks inherent in those activities;
• 1. be established, implemented and maintained under the accountability of a single manager appointed pursuant to point 21.A.245(a).

• (c) As part of the safety management element of the design management system, the design organisation shall:
• 1. establish, implement and maintain a safety policy and the corresponding related safety objectives;
• 1. appoint key safety personnel in accordance with point 21.A.245(b);
• 1. establish, implement and maintain a safety risk management process that includes the identification of aviation safety hazards entailed by its activities, their evaluation and the management of the associated risks, including taking actions to mitigate the risks and verify their effectiveness;
• 1. establish, implement and maintain a safety assurance process that includes:
• (i) the measurement and monitoring of the organisation’s safety performance;
• (ii) the management of changes in accordance with points 21.A.243(c) and 21.A.247;
• (iii) the principles for the continuous improvement of the safety management element;
• 1. promote safety in the organisation through:
• (i) training and education;
• (ii) communication;
• 1. establish an occurrence reporting system in accordance with point 21.A.3A in order to contribute to continuous improvement of safety.

• (d) As part of the design assurance element of the design management system, the design organisation shall:
• 1. establish, implement and maintain a system for the control and supervision of the design, and of design changes and repairs, of products, parts, appliances, UAS, CMUs or CMU components covered by the terms of approval; that system shall:
• (i) include an airworthiness function responsible for ensuring that the design of products, parts, appliances, UAS, CMUs or CMU components or the design changes and repairs, comply with the applicable type-certification basis, the applicable operational suitability data certification basis and the applicable environmental protection requirements;
• (ii) ensure that the design organisation properly discharges its responsibilities in accordance with this Annex and with the terms of approval issued under point 21.A.251;
• 1. establish, implement and maintain an independent verification function of the demonstration of compliance on the basis of which the organisation declares compliance with the applicable airworthiness, operational suitability data and environmental protection requirements; and
• 1. specify the manner in which the design management system accounts for the acceptability of the parts, appliances, or CMU components that are designed, or the tasks that are performed, by its partners or subcontractors according to the methods which are the subject of written procedures.

• (e) The design organisation shall establish, as part of the design management system, an independent monitoring function to verify compliance of the organisation with the relevant requirements of this Annex as well as the compliance with and adequacy of the design management system. Monitoring shall include feedback to the person or the group of persons referred to in point 21.A.245(b) and to the manager referred to in point 21.A.245(a) to ensure, where necessary, the implementation of corrective action.

• (f) If the design organisation holds one or more additional organisation certificates within the scope of Regulation (EU) 2018/1139, the design management system may be integrated with that required under the additional certificate(s).

21.A.239A   Information security management system

In addition to the design management system required by point 21.A.239, the design organisation shall establish, implement and maintain an information security management system in accordance with Commission Delegated Regulation (EU) 2022/1645 in order to ensure the proper management of information security risks which may have an impact on aviation safety.

21.A.243   Handbook

• (a) As part of the design management system, the design organisation shall create and provide to the Agency a handbook that describes, directly or by cross reference, the organisation, its relevant policies, processes and procedures, the type of design work, and the categories of products, parts, appliances, UAS, CMUs or CMU components for which the design organisation holds a design organisation approval, as identified in the terms of approval issued in accordance with point 21.A.251 and, where relevant, the interfaces with and the control of its partners or subcontractors. If flight tests are to be conducted, a flight test operations manual that defines the organisation’s policies and procedures in relation to flight tests shall also be created and furnished to the Agency. The flight test operations manual shall include:
• 1. a description of the organisation’s processes for flight tests, including its involvement in the process for issuing a permit to fly;
• 1. crewing policy, including composition, competency, currency and flight time limitations, in accordance with Appendix XII, where applicable;
• 1. procedures for the carriage of persons other than the crew members and for flight test training, where applicable;
• 1. a policy for the risk and safety management and associated methodologies;
• 1. procedures to identify the instruments and equipment to be carried on board;
• 1. a list of documents that need to be produced for the flight test.

• (b) Where any parts, appliances or CMU components or any changes to the products, UAS or CMU are designed by partner organisations or subcontractors, the handbook shall include a statement of how the design organisation is able to demonstrate, for all the parts, appliances, or CMU components, compliance in accordance with point 21.A.239(d)(2), and shall contain, directly or by cross reference, descriptions of and information on the design activities and the organisation of those partner organisations or subcontractors, as necessary to establish the statement.

• (c) The handbook shall be amended as necessary to remain an up-to-date description of the organisation, and copies of the amendments shall be provided to the Agency.

• (d) The design organisation shall establish and maintain a statement of the qualifications and experience of the management staff and of other persons in the organisation that are responsible for making decisions that affect airworthiness, operational suitability data and environmental compatibility. It shall submit that statement to the competent authority.

21.A.245   Resources

• (a) The organisation shall appoint a head of the design organisation with the authority to ensure that, within the organisation, all design activities are performed to the required standards and that the design organisation is continuously in compliance with the requirements of the design management system referred to in point 21.A.239 and the procedures specified in the handbook referred to in point 21.A.243.

• (b) The head of the design organisation shall nominate and specify the extent of authority of:
• 1. a chief of the airworthiness function;
• 1. a chief of the independent monitoring function;
• 1. depending on the size of the organisation and the nature and complexity of its activities, any other person or group of persons that are required to ensure that the organisation complies with the requirements of this Annex.

• (c) By way of derogation from point 21.A.245(b)(1), the airworthiness function referred to in point 21.A.239(d)(1)(i) may be performed under the direct supervision of the head of the design organisation in either of the following cases:
• 1. where the scope of activities of/of work of the design organisation, as identified in the terms of approval issued under point 21.A.251, is limited to minor changes and/or minor repairs;
• 1. for a limited period of time when the design organisation does not have a nominated chief of the airworthiness function and the exercise of that function under the direct supervision of the head of the design organisation is commensurate with the scope and level of the organisation’s activities.

• (d) The person or group of persons nominated pursuant to point (b) shall:
• 1. be answerable to the head of the design organisation and have direct access to them;
• 1. have the appropriate knowledge, background and experience to discharge their responsibilities.

• (e) The design organisation shall ensure that:
• 1. the staff in all technical departments are of sufficient numbers, have sufficient experience, and have been given the appropriate authority to be able to discharge their allocated responsibilities and the facilities, equipment and accommodation that are adequate to enable the staff to fulfil the airworthiness, operational suitability data and environmental protection requirements as regards the product, the UAS or the CMU;
• 1. there is full and efficient coordination between the departments and within the departments in respect of airworthiness, operational suitability data and environmental compatibility.

21.A.247   Changes in the design management system

After the issue of a design organisation approval, each change to the design management system that is significant for the demonstration of compliance or for the airworthiness, operational suitability data and environmental compatibility of the product, part, appliance, UAS, CMU or CMU component shall be approved by the Agency before being implemented. The design organisation shall submit to the Agency an application for approval demonstrating, on the basis of the proposed changes to the handbook, that it will continue to comply with the provisions of this Annex.

21.A.249   Transferability

Except as a result of a change in ownership, which is deemed significant for the purposes of point 21.A.247, a design organisation approval is not transferable.

21.A.251   Terms of approval

The terms of approval shall identify the types of design work, the categories of products, parts, appliances, UAS, CMUs or CMU components for which the design organisation holds a design organisation approval, and the functions and duties that the organisation is approved to perform with regard to the airworthiness, operational suitability data and environmental compatibility characteristics of the products, UAS or CMUs. For design organisation approvals covering type-certification or European Technical Standard Order (ETSO) authorisation for auxiliary power units (APUs), the terms of approval shall additionally contain the list of products, CMUs or APUs. Those terms shall be issued as part of a design organisation approval.

21.A.253   Changes to the terms of 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.

21.A.258   Findings and observations

• (a) After the receipt of the notification of findings in accordance with point 21.B.433, the holder of the design organisation approval shall:
• 1. identify the root cause(s) of, and contributing factor(s) to, the non-compliance;
• 1. establish a corrective action plan;
• 1. demonstrate the implementation of the corrective action to the satisfaction of the Agency.

• (b) The actions referred to in point (a) shall be performed within the period agreed by the Agency in accordance with point 21.B.433.

• (c) The observations received in accordance with point 21.B.433(e) shall be given due consideration by the holder of the design organisation approval. The organisation shall record the decisions taken in respect of those observations.

21.A.259   Duration and continued validity

• (a) A design organisation approval shall be issued for an unlimited period of time. It shall remain valid subject to the design organisation’s compliance with all the following conditions:
• 1. the design organisation continues to comply with Regulation (EU) 2018/1139 and its delegated and implementing acts; taking into account the provisions of point 21.B.433 of this Annex related to the handling of findings;
• 1. the holder of the design organisation approval or any of its partners or subcontractors acknowledge that the competent authority may carry out investigations in accordance with point 21.A.9;
• 1. the design organisation is able to provide the Agency with evidence showing that the design management system of the organisation maintains satisfactory control and supervision of the design of products and CMUs, repairs and changes thereto under the approval;
• 1. the certificate has not been revoked by the Agency under point 21.B.65, or surrendered by the design organisation.

• (b) Upon surrender or revocation, the certificate shall be returned to the Agency.

21.A.263   Privileges

• (a) (Reserved)

• (b) (Reserved)

• (c) The holder of a design organisation approval shall be entitled, within the scope of its terms of approval issued under point 21.A.251 and under the relevant procedures of the design management system:
• 1. to classify changes to a type certificate or to a supplemental type certificate and repair designs as ‘major’ or ‘minor’;
• 1. to approve minor changes to a type certificate or to a supplemental type certificate and minor repair designs under this Annex (Part 21) or under Annex Ib (Part 21 Light);
• 1. to declare the compliance of a minor change or minor repair to the design of an aircraft for which design compliance has been declared by the declarant under point 21L.A.43 of Subpart C of Section A of Annex Ib (Part 21 Light);
• 1. to declare compliance of a changed aircraft design, in accordance with point 21L.A.43 of Annex Ib (Part 21 Light), in the event that the natural or legal person who originally made a declaration of design compliance with respect to that aircraft under point 21L.A.43 of Annex Ib (Part 21 Light) is no longer active or is unresponsive to requests for the declaration of compliance of design changes;
• 1. to approve certain major repair designs under Subpart M of this Annex to products, CMUs or auxiliary power units (APUs);
• 1. to approve for certain aircraft the flight conditions under which a permit to fly can be issued in accordance with point 21.A.710(a)(2), except for permits to fly to be issued for the purpose of point 21.A.701(a)(15);
• 1. to issue a permit to fly in accordance with point 21.A.711(b) for an aircraft it has designed or modified, or for which it has approved, in accordance with point 21.A.263(c)(6), the flight conditions under which the permit to fly can be issued, and where the holder of a design organisation approval itself:
• (i) controls the configuration of the aircraft, the UAS or the CMU, and
• (ii) attests conformity with the design conditions approved for the flight;
• 1. to approve certain major changes to a type certificate under Subpart D of this Annex or under Subpart D of Section A of Annex Ib (Part 21 Light); and
• 1. to issue certain supplemental type certificates under Subpart E of this Annex or under Subpart E of Section A of Annex Ib (Part 21 Light) and approve certain major changes to those certificates.

• (d) in point 21.A.265, point (c) is replaced by the following:
• ‘(c) determine that the design of the products, or of the changes or repairs to them, complies with the applicable type-certification basis, technical specifications concerning the making of declarations, operational suitability data certification basis, and the environmental protection requirements and have no unsafe features;’.

21.A.265   Obligations of the holder

The holder of a design organisation approval shall, within the scope of its terms of approval, as established by the Agency:

• (a) maintain the handbook required under point 21.A.243 in conformity with the design assurance system;

• (b) ensure that this handbook or the relevant procedures included by cross-reference are used as a basic working document within the organisation;

• (c) determine that the design of the product, the UAS or the CMU, or of the changes or repairs to them, complies with the applicable type-certification basis, technical specifications concerning the making of declarations, operational suitability data certification basis, and the environmental protection requirements, and have no unsafe features;

• (d) provide the Agency with statements and associated documentation confirming compliance with point (c), except for approval processes carried out in accordance with point 21.A.263(c);

• (e) provide to the Agency data and information related to the actions required under point 21.A.3B;

• (f) determine, in accordance with point 21.A.263(c)(6), the flight conditions under which a permit to fly can be issued;

• (g) establish, in accordance with point 21.A.263(c)(7), compliance with points (b) and (e) of point 21.A.711 before issuing a permit to fly to an aircraft;

• (h) designate data and information issued under the authority of the approved design organisation within the scope of its terms of approval as established by the Agency with the following statement: ‘The technical content of this document is approved under the authority of the DOA ref. EASA. 21J.[XXXX]’;

• (i) comply with Subpart A of this Section.

SUBPART K —   PARTS, APPLIANCES, AND CONTROL AND MONITORING UNIT (CMU) COMPONENTS

21.A.301   Scope

This Subpart establishes the procedure relating to the approval of parts, appliances and CMU components.

21.A.303   Compliance with the applicable requirements

The showing of compliance of parts, appliances and CMU components to be installed in a type-certified product, or in a CMU, shall be made:

• (a) in conjunction with the type-certification procedures of Subpart B, D or E for the product, UAS or CMU in which it is to be installed; or

• (b) where applicable, under the ETSO authorisation procedures of Subpart O; or

• (c) in the case of standard parts, in accordance with officially recognised standards.

21.A.305   Approval of parts, appliances, and control and monitoring unit (CMU) components

In all cases where the approval of a part, appliance or CMU component is explicitly required by Union law ([^E0009]) or taking into account the Agency measures referred to in Article 10 of Regulation (EU) No 748/2012, the part, appliance or CMU component shall comply with the applicable ETSO or with the specifications recognised as equivalent by the Agency in the particular case.

21.A.307   The eligibility of parts and appliances for installation

• (a) A part or appliance is eligible for installation in a type-certified product when it is in a condition for safe operation, marked in accordance with Subpart Q and accompanied by an authorised release certificate (EASA Form 1), certifying that the item was manufactured in conformity with approved design data.

• (b) By way of derogation from point (a) and provided that the conditions in point (c) are met, the following parts or appliances do not require an EASA Form 1 in order to be eligible for installation in a type-certified product:
• (1) a standard part;
• (2) in the case of ELA1 or ELA2, a part or appliance that is:
• (i) not life limited, nor part of the primary structure, nor part of the flight controls;
• (ii) identified for installation in the specific aircraft;
• (iii) to be installed in an aircraft whose owner has verified compliance with the applicable conditions in (i) and (ii), and has accepted responsibility for this compliance;
• (3) a part or appliance for which the consequences of a non-conformity with its approved design data has a negligible safety effect on the product and which is identified as such by the holder of the design approval in the instructions for continued airworthiness. In order to determine the safety effects of a non-conforming part or appliance, the design approval holder may establish in the instructions for continued airworthiness specific verification activities to be conducted by the installer of the part or appliance on the product;
• (4) in the case of the embodiment of a standard change in accordance with point 21.A.90B or a standard repair in accordance with point 21.A.431B, a part or appliance, for which the consequences of a non-conformity with its design data have a negligible safety effect on the product, and which is identified as such in the certification specifications for standard changes and standard repairs issued in accordance with point (a)(2) of point 21.A.90B and point (a)(2) of point 21.A.431B. In order to determine the safety effects of a non-conforming part or appliance, specific verification activities to be conducted by the person that installs the part or appliance on the product may be established in the certification specifications referred to above;
• (5) a part or appliance that is exempted from an airworthiness approval in accordance with Commission Regulation (EU) No 965/2012 ([^E0010]); and
• (6) a part or appliance that is an item of a higher assembly identified in points (b)(1) to (b)(5); and
• (7) a part or appliance manufactured by a person or organisation referred to in Article 9(4) of this Regulation.

• (c) Parts and appliances listed in point (b) are eligible for installation in a type-certified product without being accompanied by an EASA Form 1, provided that the installer holds a document issued by the person or organisation that manufactured the part or appliance, which declares the name of the part or appliance, the part number, and the conformity of the part or appliance with its design data, and which contains the issuance date.

21.A.308   Eligibility of a component for installation in a control and monitoring unit (CMU)

• (a) A CMU component that is critical for the intended UAS operation, as determined by the design approval holder and agreed with the Agency, is eligible for installation in a CMU provided it is in a condition for safe operation, is marked in accordance with Subpart Q, and is accompanied by an authorised release certificate (EASA Form 1).

• (b) A CMU component which is not deemed critical for the intended UAS operation, as determined by the design approval holder and agreed with the Agency, is eligible for installation in a CMU provided that:
• (1) the CMU component is in a condition for safe operation; and
• (2) the installer holds a document issued by the person or organisation that has manufactured the CMU component, which declares the name and identification of the component, the conformity of the component with its design data, and contains the issuance date.

(SUBPART L — NOT APPLICABLE)

SUBPART M —   REPAIRS

21.A.431 A   Scope

• (a)This Subpart establishes the procedure for the approval of a repair design of a product, part, appliance, CMU or CMU component, and establishes the rights and obligations of the applicant for, and holder of, that approval.

• (b)This Subpart defines standard repairs that are not subject to an approval process under this Subpart.

• (c)A ‘repair’ means the elimination of damage and/or restoration to an airworthy condition following the initial release to service by the manufacturer of any product, part, appliance, CMU or CMU component.

• (d)The elimination of damage by replacement of parts, appliances or CMU components without the necessity for design activity shall be considered a maintenance task and shall, therefore, require no approval under this Annex.

• (e)A repair to an ETSO article other than an Auxiliary Power Unit (APU) shall be treated as a change to the ETSO design and shall be processed in accordance with point 21.A.611.

• (f)In this Subpart, the references to type-certificates include type-certificates and restricted type-certificates.

21.A.431B   Standard repairs

• (a)Standard repairs are repairs:

• 1. in relation to:
• (i) aeroplanes with a maximum take-off mass (MTOM) of 5 700 kg or less;
• (ii) rotorcraft with a MTOM of 3 175 kg or less;
• (iii) sailplanes, powered sailplanes, balloons and airships, as defined in ELA1 or ELA2;
• (iv) VTOL-capable aircraft with a MTOM of 5 700 kg or less;

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

• (3) that are not in conflict with TC holders data.

• (b)Points 21.A.432A to 21.A.451 are not applicable to standard repairs.

21.A.432A   Eligibility

• (a)Any natural or legal person that has demonstrated, or is in the process of demonstrating, its capability under point 21.A.432B 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.

21.A.432B   Demonstration of capability

• (a)An applicant for approval of a major repair design 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 point (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.

• (c)By way of derogation from point (a), in the case of products referred to in point 21.A.14(c), an applicant may demonstrate its capability by obtaining the Agency's acceptance of its certification programme established in accordance with point 21.A.432C(b).

21.A.432C   Application for a repair design approval

• (a) An application for a repair design approval shall be made in a form and manner established by the Agency.

• (b) An application for a major repair design approval shall include, or be supplemented after the initial application by, a certification programme containing:
• 1. a description of the damage and repair design identifying the configuration of the type design upon which the repair is made;
• 1. the identification of all areas of the type design and the approved manuals that are changed or affected by the repair design;
• 1. the identification of any reinvestigations necessary to demonstrate compliance of the repair design and areas affected by the repair design with the type-certification basis and the applicable environmental protection requirements incorporated by reference in, as applicable, either the type certificate, the supplemental type certificate or the APU ETSO authorisation;
• 1. any proposed amendments to the type-certification basis incorporated by reference in, as applicable, either the type-certificate, the supplemental type-certificate or the APU ETSO authorisation;
• 1. a proposal for a breakdown of the certification programme into meaningful groups of compliance demonstration activities and data, including the means and process proposed to be followed to demonstrate compliance with point 21.A.433(a)(1) and references to related compliance documents;
• 1. a proposal for the assessment of the meaningful groups of compliance demonstration activities and data, addressing the likelihood of an unidentified non-compliance with the type-certification basis or the applicable environmental protection requirements and the potential impact of that non-compliance on the product, UAS or CMU safety or environmental compatibility. The proposed assessment shall take into account at least the elements set out in point 21.B.100(a), points 1 to 4. Based on that assessment, the application shall include a proposal for the Agency’s involvement in the verification of the compliance demonstration activities and data; and
• 1. the specification whether the certification data is prepared completely by the applicant or on the basis of an arrangement with the owner of the type-certification data.

21.A.433   Requirements for approval of a repair design

• (a) A repair design shall only be approved:
• 1. when it has been demonstrated, following the certification programme referred to in point 21.A.432C(b), that the repair design complies with the type-certification basis and the environmental protection requirements incorporated by reference in, as applicable, either the type certificate, the supplemental type certificate or the APU ETSO authorisation, as well as with any amendments established and notified by the Agency in accordance with point 21.B.450;
• 1. when compliance with the type-certification basis and the environmental protection requirements that apply in accordance with point (a)1 has been declared and the justifications of compliance have been recorded in the compliance documents;
• 1. when no feature or characteristic has been identified that may render the product, the UAS or the CMU unsafe for the use for which certification is requested;
• 1. when the applicant has specified that it has provided certification data on the basis of an arrangement with the owner of the type-certification data in accordance with point 21.A.432C(b)(7):
• (i) when the holder has indicated that it has no technical objection to the information submitted under point (a)(2) of this point; and
• (ii) when the holder has agreed to collaborate with the repair design approval holder to ensure the discharge of all the obligations with regard to the continued airworthiness of the changed product, changed UAS or changed CMU through compliance with point 21.A.451.
• 1. when, for a repair to an aeroplane subject to point 26.302 of Annex I to Regulation (EU) 2015/640, it has been demonstrated that the structural integrity of the repair and affected structure is at least equivalent to the level of structural integrity established for the baseline structure by point 26.302 of Annex I to Regulation (EU) 2015/640.

• (b) The applicant shall submit to the Agency the declaration referred to in point (a)(2) and, on request by the Agency, all necessary substantiation data.

21.A.435   Classification and approval of repair designs

• (a) A repair design shall be classified as either ‘major’ or ‘minor’ in accordance with the criteria set out in point 21.A.91 for a change to the type-certificate.

• (b) A repair design shall be classified and approved by:
• 1. the Agency; or
• 1. an approved design organisation within the scope of its privileges provided for in points (1), (2) and (5) of point 21.A.263(c), as recorded in the terms of approval.

21.A.439   Production of repair parts

Parts, appliances and CMU components 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) under Subpart F; or

• (b) by an organisation appropriately approved in accordance with Subpart G; or

• (c) by an appropriately approved maintenance organisation.

21.A.441   Repair embodiment

• (a) The embodiment of a repair shall be performed in accordance with Subpart C of Annex I (Part-M), or Subpart C of Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, or Subpart C of Annex I (Part-ML.UAS) to Delegated Regulation (EU) 2024/1107 or by a production organisation approved under Subpart G of this Annex, in accordance with the privilege provided for in point 21.A.163(d).

• (b) The design organisation shall provide the organisation that performs the repair with all the necessary installation instructions.

21.A.443   Limitations

A repair design may be approved subject to limitations, in which case the repair design approval shall include all necessary 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.

21.A.445   Unrepaired damage

• (a) When a damaged product, part, appliance, CMU or CMU component is left unrepaired, and is not covered by previously approved data, the evaluation of the damage for its airworthiness consequences may be made only:

• 1. by the Agency; or

• 1. 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 point 21.A.443.

• (b)Where the organisation evaluating the damage under point (a) is neither the Agency nor the type-certificate, supplemental type-certificate or APU ETSO authorisation 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, supplemental type-certificate or APU ETSO authorisation holder, or manufacturer, as applicable.

21.A.451   Obligations and EPA marking

• (a)Each holder of a major repair design approval shall:

• 1. undertake the obligations:
• (i) laid down in points 21.A.3A, 21.A.3B, 21.A.4, 21.A.5, 21.A.6, 21.A.7, 21.A.9, 21.A.439, 21.A.441 and 21.A.443;
• (ii) implicit in the collaboration with the type-certificate, supplemental type-certificate and with the APU ETSO authorisation holder under point 21.A.433 (b), as appropriate.

• 1. specify the marking, including EPA letters, in accordance with point 21.A.804(a).

• (b)Except for type-certificate holders or APU authorisation holders for which point 21.A.44 applies, the holder of a minor repair design approval shall:

• 1. undertake the obligations laid down in points 21.A.4, 21.A.5 and 21.A.7;

• 1. specify the marking, including EPA letters, in accordance with point 21.A.804(a).

(SUBPART N — NOT APPLICABLE)

SUBPART O —   EUROPEAN TECHNICAL STANDARD ORDER AUTHORISATIONS

21.A.601   Scope

This Subpart establishes the procedure for issuing ETSO authorisations and the rules governing the rights and obligations of applicants for, or holders of, such authorisations.

21.A.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 point 21.A.602B shall be eligible as an applicant for an ETSO authorisation.

21.A.602B   Demonstration of capability

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

• (b) for design:
• 1. for an Auxiliary Power Unit, by holding a design organisation approval, issued by the Agency in accordance with Subpart J;
• 1. for all other articles, by using procedures setting out the specific design practices, resources and sequence of activities necessary to comply with this Annex I (Part 21).

21.A.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 point 21.A.605.

• (b)When a series of minor changes in accordance with point 21.A.611 is anticipated, the applicant shall set forth in its application 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.

21.A.604   ETSO authorisation for an auxiliary power unit (APU)

With regard to an ETSO authorisation for an APU:

• (a) by way of derogation from points 21.A.9, 21.A.603, 21.A.610 and 21.A.621, the following points shall apply: points 21.A.15, 21.A.20, 21.A.21, 21.A.31, 21.A.33, 21.A.44, 21.A.47, 21.B.75 and 21.B.80. However, an ETSO authorisation shall be issued in accordance with point 21.A.606 instead of the type-certificate;

• (b) by way of derogation from point 21.A.611, the requirements of Subpart D shall apply to the approval of design changes by the APU ETSO authorisation holder and design changes from other applicants classified as a minor change, and the requirements of Subpart E shall apply to the approval of design changes by other applicants classified as a major change. Where the requirements of Subpart E apply, a separate ETSO authorisation shall be issued instead of a supplemental type certificate; and

• (c) the requirements of Subpart M shall apply to the approval of repair designs.

21.A.605   Data requirements

• (a) The applicant shall submit to the Agency the following documents:
• 1. a certification programme for the ETSO authorisation, setting out the means to demonstrate compliance with point 21.A.606(b);
• 1. a statement of compliance certifying that the applicant has met the requirements of this Subpart;
• 1. a declaration of design and performance (DDP), stating that the applicant has demonstrated that the article complies with the applicable ETSO in accordance with the certification programme;
• 1. a copy of the technical data required in the applicable ETSO;
• 1. the exposition, or a reference to the exposition, referred to in point 21.A.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 point 21.A.125A(b) for the purpose of manufacturing under Subpart F without production organisation approval;
• 1. for an APU, the handbook, or a reference to the handbook, referred to in point 21.A.243 for the purpose of obtaining an appropriate design organisation approval under Subpart J;
• 1. for all other articles, the procedures, or a reference to the procedures, referred to in point 21.A.602B(b)(2);

• (b) The applicant shall report to the Agency any difficulty or event encountered during the approval process that may significantly impact the ETSO authorisation.

21.A.606   Requirements for the issuance of an ETSO authorisation

In order to be issued an ETSO authorisation, the applicant shall:

• (a) demonstrate its capability in accordance with point 21.A.602B;

• (b) demonstrate that the article complies with the technical conditions of the applicable ETSO or with deviations therefrom approved in accordance with point 21.A.610, if any;

• (c) comply with the requirements of this Subpart; and

• (d) declare that no feature or characteristic has been identified that may make the article unsafe for the uses for which certification is requested.

21.A.607   ETSO authorisation privileges

The holder of an ETSO authorisation is entitled to produce and to mark the article with the appropriate ETSO marking.

21.A.608   Declaration of Design and Performance (DDP)

• (a)The DDP shall contain at least the following information:

• 1. information corresponding to point 21.A.31(a) and (b), identifying the article and its design and testing standard;

• 1. the rated performance of the article, where appropriate, either directly or by reference to other supplementary documents;

• 1. a statement of compliance certifying that the article has met the appropriate ETSO;

• 1. reference to relevant test reports;

• 1. reference to the appropriate Maintenance, Overhaul and Repair Manuals;

• 1. the levels of compliance, where various levels of compliance are allowed by the ETSO;

• 1. list of deviations accepted in accordance with point 21.A.610.

• (b)The DDP shall be endorsed with the date and signature of the holder of the ETSO authorisation, or its authorised representative.

21.A.609   Obligations of holders of ETSO authorisations

The holder of an ETSO authorisation under this Subpart shall:

• (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, an updated set of complete technical data and records in accordance with point 21.A.5;

• (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;

• (e) mark each article in accordance with point 21.A.807;

• (f) comply with points 21.A.3A, 21.A.3B, 21.A.4 and 21.A.9;

• (g) continue to meet the qualification requirements of point 21.A.602B.

21.A.610   Approval for deviation

• (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.

21.A.611   Design changes

• (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 point 21.A.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 point 21.A.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 point 21.A.603 for a separate ETSO authorisation.

21.A.619   Duration and continued validity

• (a) An ETSO authorisation shall be issued for an unlimited period of time. It shall remain valid subject to compliance with all the following conditions:
• 1. the conditions set when the ETSO authorisation was granted continue to be observed by the applicant;
• 1. the obligations specified in point 21.A.609 continue to be discharged by the ETSO authorisation holder;
• 1. the holder of the ETSO authorisation or any of its partners, suppliers or subcontractors acknowledge that the competent authority may carry out investigations in accordance with point 21.A.9;
• 1. it has been proved that the ETSO article does not give rise to unacceptable hazards in service;
• 1. the ETSO authorisation has not been revoked by the Agency under point 21.B.65, or surrendered by its holder.

• (b) Upon surrender or revocation, the ETSO authorisation shall be returned to the Agency.

21.A.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 points 21.A.147 and 21.A.247 as applicable, an ETSO authorisation issued under this Annex I (Part 21) is not transferable.

SUBPART P —   PERMIT TO FLY

21.A.701   Scope

• (a)Permits to fly shall be issued in accordance with this Subpart to aircraft that do not meet, or have not been shown to meet, applicable airworthiness requirements but are capable of safe flight under defined conditions and for the following purposes:

• 1. development;

• 1. showing compliance with regulations or certification specifications;

• 1. design organisations or production organisations crew training;

• 1. production flight testing of new production aircraft;

• 1. flying aircraft under production between production facilities;

• 1. flying the aircraft for customer acceptance;

• 1. delivering or exporting the aircraft;

• 1. flying the aircraft for Authority acceptance;

• 1. market survey, including customer’s crew training;

• 1. exhibition and air show;

• 1. flying the aircraft to a location where maintenance or airworthiness review are to be performed, or to a place of storage;

• 1. flying an aircraft at a weight in excess of its maximum certificated takeoff weight for flight beyond the normal range over water, or over land areas where adequate landing facilities or appropriate fuel is not available;

• 1. record breaking, air racing or similar competition;

• 1. flying aircraft meeting the applicable airworthiness requirements before conformity to the applicable environmental protection requirements has been demonstrated;

• 1. for non-commercial flying activity on individual non-complex aircraft or types for which a certificate of airworthiness or restricted certificate of airworthiness is not appropriate;

• 1. flying an aircraft for troubleshooting purposes or to check the functioning of one or more systems, parts or appliances after maintenance.

• (b)This Subpart establishes the procedure for issuing permits to fly and approving associated flight conditions, and establishes the rights and obligations of the applicants for, and holders of, those permits and approvals of flight conditions.

21.A.703   Eligibility

• (a)Any natural or legal person shall be eligible as an applicant for a permit to fly except for a permit to fly requested for the purpose of point 21.A.701(a)(15) where the applicant shall be the owner.

• (b)Any natural or legal person shall be eligible for application for the approval of the flight conditions.

21.A.707   Application for permit to fly

• (a)Pursuant to point 21.A.703 and when the applicant has not been granted the privilege to issue a permit to fly, an application for a permit to fly shall be made to the competent authority in a form and manner established by that authority.

• (b)Each application for a permit to fly shall include:

• 1. the purpose(s) of the flight(s), in accordance with point 21.A.701;

• 1. the ways in which the aircraft does not comply with the applicable airworthiness requirements;

• 1. the flight conditions approved in accordance with point 21.A.710.

• (c)Where the flight conditions are not approved at the time of application for a permit to fly, an application for approval of the flight conditions shall be made in accordance with point 21.A.709.

21.A.708   Flight conditions

Flight conditions include:

• (a) the configuration(s) for which the permit to fly is requested, including, for unmanned aircraft, the configuration of the CMU that is used to control the aircraft;

• (b) any condition or restriction necessary for the safe operation of the aircraft, including:
• 1. the conditions or restrictions put on itineraries or airspace, or both, required for the flight(s);
• 1. any conditions or restrictions put on the flight crew to fly the aircraft, in addition to those defined in Appendix XII to this Annex I (Part 21);
• 1. the restrictions regarding carriage of persons other than flight crew;
• 1. the operating limitations, specific procedures or technical conditions to be met;
• 1. the specific flight test programme (if applicable);
• 1. the specific continuing airworthiness arrangements including maintenance instructions and regime under which they will be performed;
• 1. for unmanned aircraft, specific arrangements and instructions for the operation and the continuing airworthiness of the UAS or of the CMU;

• (c) the substantiation that the aircraft is capable of safe flight under the conditions or restrictions of point (b);

• (d) the method used for the control of the aircraft configuration, including, for unmanned aircraft, the configuration of the CMU that is used to control the aircraft, in order to remain within the established conditions.

21.A.709   Application for approval of flight conditions

• (a)Pursuant to point 21.A.707(c) and when the applicant has not been granted the privilege to approve the flight conditions, an application for approval of the flight conditions shall be made:

• 1. when approval of the flight conditions is related to the safety of the design, to the Agency in a form and manner established by the Agency; or

• 1. when approval of the flight conditions is not related to the safety of the design, to the competent authority in a form and manner established by that authority.

• (b)Each application for approval of the flight conditions shall include:

• 1. the proposed flight conditions;

• 1. the documentation supporting these conditions; and

• 1. a declaration that the aircraft is capable of safe flight under the conditions or restrictions of point 21.A.708(b).

21.A.710   Approval of flight conditions

• (a)When approval of the flight conditions is related to the safety of the design, the flight conditions shall be approved by:

• 1. the Agency; or

• 1. an appropriately approved design organisation, under the privilege of point 21.A.263(c)(6).

• (b)When approval of the flight conditions is not related to the safety of the design, the flight conditions shall be approved by the competent authority, or the appropriately approved organisation that will also issue the permit to fly.

• (c)Before approving the flight conditions, the Agency, the competent authority or the approved organisation must be satisfied that the aircraft is capable of safe flight under the specified conditions and restrictions. The Agency or the competent authority may make or require the applicant to make any necessary inspections or tests for that purpose.

21.A.711   Issuance of a permit to fly

• (a)A permit to fly (EASA Form 20a, see Appendix III) may be issued by the competent authority under the conditions specified in point 21.B.525.

• (b)An appropriately approved design organisation may issue a permit to fly (EASA Form 20b, see Appendix IV) under the privilege granted under point 21.A.263(c)(7), when the flight conditions referred to in point 21.A.708 have been approved in accordance with point 21.A.710.

• (c)An appropriately approved production organisation may issue a permit to fly (EASA Form 20b, see Appendix IV) under the privilege granted under point 21.A.163(e), when the flight conditions referred to in point 21.A.708 have been approved in accordance with point 21.A.710.

• (d)An approved organisation may issue a permit to fly (EASA Form 20b, see Appendix IV) under the privilege granted in accordance with point CAMO.A.125 of Annex Vc (Part-CAMO) to Regulation (EU) No 1321/2014 or point CAO.A.095 of Annex Vd (Part-CAO) to Regulation (EU) No 1321/2014, or point CAO.UAS.095 of Annex II (Part-CAO.UAS) to Delegated Regulation (EU) 2024/1107, as applicable, when the flight conditions referred to in point 21.A.708 of this Annex have been approved in accordance with point 21.A.710 of this Annex.

• (e)The permit to fly shall specify the purpose(s) and any conditions and restrictions which have been approved in accordance with point 21.A.710.

• (f)For permits issued under points (b), (c) or (d), a copy of the permit to fly and associated flight conditions shall be submitted to the competent authority at the earliest opportunity but not later than 3 days.

• (g)Upon evidence that any of the conditions specified in point 21.A.723(a) are not met for a permit to fly that an organisation has issued pursuant to points (b), (c) or (d), that organisation shall immediately revoke that permit to fly and inform without delay the competent authority.