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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

Type Regulation
Publication 2012-08-21
Last updated 2026-08-07
State In force
Department European Commission
Source EUR-Lex
articles 13
Reform history JSON API
21.A.713   Changes
  • (a)Any change that invalidates the flight conditions or associated substantiation established for the permit to fly shall be approved in accordance with point 21.A.710. When relevant an application shall be made in accordance with point 21.A.709.
  • (b)A change affecting the content of the permit to fly requires the issuance of a new permit to fly in accordance with point 21.A.711.
21.A.715   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.

21.A.719   Transferability
  • (a)A permit to fly is not transferable.
  • (b)Notwithstanding point (a) for a permit to fly issued for the purpose of point 21.A.701(a)(15), where ownership of an aircraft has changed, the permit to fly shall be transferred together with the aircraft provided the aircraft remains on the same register, or issued only with the agreement of the competent authority of the Member State of registry to which it is transferred.
21.A.723   Duration and continued validity
  • (a)A permit to fly shall be issued for a maximum period of 12 months and shall remain valid subject to compliance with all the following conditions:
    1. the organisation continues to comply with the conditions and restrictions associated with the permit to fly as set out in point 21.A.711(e);
    1. the holder 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. the permit to fly has not been revoked by the competent authority under point 21.B.65, or surrendered by its holder;
    1. the aircraft remains on the same register.
  • (b)Notwithstanding point (a), a permit to fly issued for the purpose of point 21.A.701(a)(15) may be issued for unlimited duration.
  • (c)Upon surrender or revocation, the permit to fly shall be returned to the competent authority.
21.A.725   Renewal of permit to fly

Renewal of the permit to fly shall be processed as a change in accordance with point 21.A.713.

21.A.727   Obligations of the holder of a permit to fly

The holder of a permit to fly shall ensure that all the conditions and restrictions associated with the permit to fly are satisfied and maintained.

SUBPART Q —   IDENTIFICATION OF PRODUCTS, PARTS, APPLIANCES, CONTROL AND MONITORING UNITS (CMUs) AND CMU COMPONENTS
21.A.801   Identification of products and control and monitoring units (CMUs)
  • (a)The identification of products and CMUs produced under Subpart F or Subpart G shall include the following information:
    1. the manufacturer’s name;
    1. the product and CMU designation;
    1. the manufacturer’s serial number;
    1. the ‘EXEMPT’ mark for engines, when the competent authority has granted an exemption from the applicable environmental protection requirements;
    1. any other information the Agency finds appropriate.
  • (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 point (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 point (a), and will not likely be defaced or removed during normal service or lost or destroyed in an accident.
  • (d)For manned balloons, the identification plate prescribed in point (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 addition, the basket, load frame assembly and any heater assembly shall be permanently and legibly marked with the manufacturer’s name, part number, or equivalent, and serial number, or equivalent.
  • (e)Any natural or legal person that produces a CMU 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 contains the information specified in point (a) 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.
21.A.803   Handling of identification data
  • (a)No person shall remove, change, or place the identification information referred to in point 21.A.801(a) on any aircraft, engine, propeller, propeller blade, propeller hub or CMU, or the identification information referred to in point 21.A.807(a) on an APU, without the approval of the Agency.
  • (b)No person shall remove or install any identification plate referred to in point 21.A.801, or in point 21.A.807 for an APU, without the approval of the Agency.
  • (c)By way of derogation from points (a) and (b), any natural or legal person that performs maintenance work under the applicable associated rules may, in accordance with the methods, techniques and practices established by the Agency:
    1. remove, change, or place the identification information referred to in point 21.A.801(a) on any aircraft, engine, propeller, propeller blade, propeller hub or CMU, or the identification information referred to in point 21.A.807(a) on an APU; or
    1. remove an identification plate referred to in point 21.A.801, or in point 21.A.807 for an APU, when it is necessary during maintenance operations.
  • (d)No person shall install an identification plate that has been removed in accordance with point (c)(2) on any aircraft, engine, propeller, propeller blade, propeller hub or CMU other than the one from which it has been removed.
21.A.804   Identification of parts, appliances, and control and monitoring unit (CMU) components
  • (a) Each part or appliance which is eligible for installation in a type-certified product, and each CMU component which is eligible for installation in a CMU certified in accordance with this Annex I, shall be permanently and legibly marked with:
    1. a name, trademark, or symbol identifying the manufacturer in a manner identified by the applicable design data;
    1. the part number, as defined in the applicable design data; and
    1. the letters ‘EPA’:
  • (i) for parts or appliances produced in accordance with approved design data that does not belong to the type-certificate holder of the related product, except for ETSO articles and for parts and appliances covered under point 21.A.307(b);
  • (ii) for CMU components produced in accordance with approved design data that does not belong to the type-certificate holder of the related CMU, or to the UA type-certificate holder when the CMU is certified as part of the UA, except for ETSO CMU components and CMU components covered under point 21.A.308(b).
  • (b) By way of derogation from point (a), if the Agency agrees that a part, appliance or a CMU component is too small, or that it is otherwise impractical to mark a part, appliance or a CMU component with any of the information required by point (a), the authorised release document that accompanies the part, appliance or the CMU component or its container shall include the information that could not be marked on the part, appliance or CMU component.
21.A.805   Identification of critical parts

In addition to the requirement of point 21.A.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.

21.A.807   Identification of ETSO articles
  • (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;
    1. the name, type, part number or model designation of the article;
    1. the serial number or the date of manufacture of the article or both; and
    1. the applicable ETSO number.
  • (b)By way of derogation from point (a), if the Agency agrees that a part is too small or that it is otherwise impractical to mark a part with any of the information required by point (a), the authorised release document accompanying 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 fireproof plate that has the information specified in point (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.

SECTION B

PROCEDURES FOR COMPETENT AUTHORITIES

SUBPART A —   GENERAL PROVISIONS
21.B.10   Oversight documentation

The competent authority shall provide all the legislative acts, standards, rules, technical publications and related documents to the relevant personnel in order to allow them to perform their tasks and to discharge their responsibilities.

21.B.15   Information to the Agency
  • (a) The competent authority of the Member State shall notify the Agency in case of any significant problems with the implementation of Regulation (EU) 2018/1139 and its delegated and implementing acts within 30 days from the time the competent authority became aware of the problem.
  • (b) Without prejudice to Regulation (EU) No 376/2014 of the European Parliament and of the Council and its delegated and implementing acts, the competent authority of the Member State shall provide the Agency as soon as possible with any safety-significant information stemming from the occurrence reports stored in the national database pursuant to Article 6(6) of Regulation (EU) No 376/2014.
  • (c) The competent authority of the Member State shall provide the Agency as soon as possible with safety-significant information stemming from the information security reports it has received pursuant to point IS.D.OR.230 of the Annex (Part-IS.D.OR) to Delegated Regulation (EU) 2022/1645.
21.B.20   Immediate reaction to a safety problem
  • (a) Without prejudice to Regulation (EU) No 376/2014 of the European Parliament and of the Council and its delegated and implementing acts, the competent authority shall implement a system to appropriately collect, analyse and disseminate safety information.
  • (b) The Agency shall implement a system to appropriately analyse any safety-relevant information received and, without undue delay, provide the relevant authority of the Member States and the Commission with any information, including recommendations or corrective actions to be taken, that is necessary for them to react in a timely manner to a safety problem that involves products, parts, appliances, control and monitoring units (CMUs), CMU components, and persons or organisations that are subject to Regulation (EU) 2018/1139 and its delegated and implementing acts.
  • (c) Upon receiving the information referred to in points (a) and (b), the competent authority shall take adequate measures to address the safety problem.
  • (d) The competent authority shall immediately notify measures taken under point (c) to all persons or organisations which need to comply with them under Regulation (EU) 2018/1139 and its delegated and implementing acts. The competent authority of the Member State shall also notify those measures to the Agency and, when combined action is required, to the other Member States concerned.
21.B.20A   Immediate reaction to an information security incident or vulnerability with an impact on aviation safety
  • (a) The competent authority shall implement a system to appropriately collect, analyse, and disseminate information related to information security incidents and vulnerabilities with a potential impact on aviation safety that are reported by organisations. This shall be done in coordination with any other relevant authorities responsible for information security or cybersecurity within the Member State to increase the coordination and compatibility of reporting schemes.
  • (b) The Agency shall implement a system to appropriately analyse any relevant safety-significant information received in accordance with point 21.B.15(c) and, without undue delay, provide the Member States and the Commission with any information, including recommendations or corrective actions to be taken, that is necessary for them to react in a timely manner to an information security incident or vulnerability with a potential impact on aviation safety involving products, parts, control and monitoring units (CMUs), CMU components, non-installed equipment, and persons or organisations that are subject to Regulation (EU) 2018/1139 and its delegated and implementing acts.
  • (c) Upon receiving the information referred to in points (a) and (b), the competent authority shall take adequate measures to address the potential impact on aviation safety of the information security incident or vulnerability.
  • (d) Measures taken in accordance with point (c) shall immediately be notified to all persons or organisations that shall comply with them under Regulation (EU) 2018/1139 and its delegated and implementing acts. The competent authority of the Member State shall also notify those measures to the Agency and, when combined action is required, the competent authorities of the other Member States concerned.
21.B.25   Management system
  • (a) The competent authority shall establish and maintain a management system, including as a minimum:
    1. documented policies and procedures to describe its organisation, the means and methods for establishing compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts. The procedures shall be kept up to date, and serve as the basic working documents within that competent authority for all its related tasks;
    1. a sufficient number of personnel to perform its tasks and discharge its responsibilities. A system shall be in place to plan the availability of personnel in order to ensure the proper completion of all tasks;
    1. personnel that are qualified to perform their allocated tasks and that have the necessary knowledge and experience, and receive initial and recurrent training to ensure continuing competency;
    1. adequate facilities and office accommodation for personnel to perform their allocated tasks;
    1. a function to monitor the compliance of the management system with the relevant requirements, and the adequacy of the procedures, including the establishment of an internal audit process and a safety risk management process. Compliance monitoring shall include a feedback system of audit findings to the senior management of the competent authority to ensure the implementation of corrective actions as necessary;
    1. a person or group of persons having a responsibility to the senior management of the competent authority for the compliance monitoring function.
  • (b) The competent authority shall, for each field of activity, including the management system, appoint one or more persons with the overall responsibility for the management of the relevant task(s).
  • (c) The competent authority shall establish procedures for the participation in a mutual exchange of all necessary information and assistance with any other competent authorities concerned, whether from the same Member State or from other Member States, including on:
    1. all findings raised and any follow-up actions taken as a result of the oversight of persons and organisations that carry out activities in the territory of a Member State, but certified by the competent authority of another Member State or by the Agency;
    1. information stemming from mandatory and voluntary occurrence reporting as required by 21.A.3A.
  • (d) A copy of the procedures related to the management system of the competent authority of the Member State and their amendments shall be made available to the Agency for the purpose of standardisation.
  • (e) In addition to the requirements contained in point (a), the management system established and maintained by the competent authority shall comply with Annex I (Part-IS.AR) to Implementing Regulation (EU) 2023/203 in order to ensure the proper management of information security risks which may have an impact on aviation safety.
21.B.30   Allocation of tasks
  • (a) The competent authority may allocate tasks related to the initial certification or to the continuing oversight of products and parts, as well as of natural or legal persons subject to Regulation (EU) 2018/1139 and its delegated and implementing acts to qualified entities. When allocating tasks, the competent authority shall ensure that it has:
    1. put a system in place to initially and continuously assess whether the qualified entity complies with Annex VI to Regulation (EU) 2018/1139. That system and the results of the assessments shall be documented;
    1. established a written agreement with the qualified entity, approved by both parties at the appropriate management level, which stipulates:
  • (i) the tasks to be performed;
  • (ii) the declarations, reports and records to be provided;
  • (iii) the technical conditions to be met when performing such tasks;
  • (iv) the related liability coverage;
  • (v) the protection given to the information acquired when carrying out such tasks.
  • (b) The competent authority shall ensure that the internal audit process and safety risk management process established pursuant to point 21.B.25(a)(5) cover all the certification and continuing oversight tasks performed by the qualified entity on its behalf.
  • (c) For the certification and oversight of the organisation’s compliance with points 21.A.139A and 21.A.239A, the competent authority may allocate tasks to qualified entities in accordance with point (a), or to any relevant authority responsible for information security or cybersecurity within the Member State. When allocating tasks, the competent authority shall ensure that:
  • (1) all aspects related to aviation safety are coordinated and taken into account by the qualified entity or relevant authority;
  • (2) the results of the certification and oversight activities performed by the qualified entity or relevant authority are integrated in the overall certification and oversight files of the organisation;
  • (3) its own information security management system established in accordance with point 21.B.25(e) covers all the certification and continuing oversight tasks performed on its behalf.
21.B.35   Changes in the management system
  • (a) The competent authority shall have a system in place to identify the changes that affect its capability to perform its tasks and discharge its responsibilities as defined in Regulation (EU) 2018/1139 and its delegated and implementing acts. That system shall enable the competent authority to take action necessary to ensure that its management system remains adequate and effective.
  • (b) The competent authority shall update in a timely manner its management system to reflect any changes to Regulation (EU) 2018/1139 and its delegated and implementing acts so as to ensure its effective implementation.
  • (c) The competent authority of the Member State shall notify the Agency of any changes affecting its capability to perform its tasks and discharge its responsibilities as provided for in Regulation (EU) 2018/1139 and its delegated and implementing acts.
21.B.55   Record-keeping
  • (a) The competent authority shall establish a record-keeping system that allows the adequate storage, accessibility and reliable traceability of:
    1. the management system’s documented policies and procedures;
    1. the training, qualifications and authorisation of its personnel;
    1. the allocation of tasks, covering the elements required by point 21.B.30, as well as the details of tasks allocated;
    1. certification processes and continuing oversight of certified organisations, including:
  • (i) the application for a certificate, approval, authorisation and letter of agreement;
  • (ii) the competent authority’s continuing oversight programme, including all the assessments, audits and inspection records;
  • (iii) the certificates, approvals, authorisations and letters of agreement issued, including any changes to them;
  • (iv) a copy of the oversight programme, listing the dates when audits are due and when audits were carried out;
  • (v) copies of all formal correspondence;
  • (vi) recommendations for the issue or continuation of a certificate, an approval authorisation or a letter of agreement, detail of findings and actions taken by the organisations to close those findings, including the date of closure, enforcement actions and observations;
  • (vii) any assessment, audit and inspection report issued by another competent authority pursuant to points 21.B.120(d), 21.B.221(c) or 21.B.431(c);
  • (viii) copies of all the organisation expositions, handbooks or manuals, and of any amendments to them;
  • (ix) copies of any other documents approved by the competent authority;
    1. Statements of Conformity (EASA Form 52, see Appendix VIII) and Authorised Release Certificates (EASA Form 1, see Appendix I) that it has validated for organisations that produce products, parts or appliances without a production organisation approval certificate according to Subpart F of Section A of this Annex.
  • (b) The competent authority shall include in the record-keeping:
    1. documents supporting the use of alternative means of compliance
    1. safety information in accordance with point 21.B.15 and follow-up measures;
    1. the use of safeguard and flexibility provisions in accordance with Articles 70, 71(1) and 76(4) of Regulation (EU) 2018/1139.
  • (c) The competent authority shall maintain a list of all the certificates, approvals, authorisations and letters of agreement it has issued.
  • (d) All the records referred to in points (a), (b) and (c) shall be kept for a minimum period of 5 years, subject to applicable data protection law.
  • (e) All the records referred to in points (a), (b) and (c) shall be made available, upon request, to a competent authorities of another Member State or to the Agency.
21.B.65   Suspension, limitation and revocation

The competent authority shall:

  • (a) suspend a certificate, approval, permit to fly, authorisation or letter of agreement when it considers that there are reasonable grounds that such action is necessary to prevent a credible threat to aircraft safety;
  • (b) suspend, revoke or limit a certificate, approval, permit to fly, authorisation or letter of agreement if such action is required pursuant to points 21.B.125, 21.B.225 or 21.B.433;
  • (c) suspend or revoke a certificate of airworthiness or a noise certificate upon evidence that some of the conditions specified in points 21.A.181(a) or 21.A.211(a) are not met;
  • (d) suspend or limit in whole or in part a certificate, approval, permit to fly, authorisation or letter of agreement if unforeseeable circumstances outside the control of the competent authority prevent its inspectors from discharging their oversight responsibilities over the oversight planning cycle.
SUBPART B —   TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES
21.B.70   Certification specifications

The Agency, in accordance with Article 76(3) of Regulation (EU) 2018/1139, shall issue certification specifications and other detailed specifications, including certification specifications for airworthiness and operational suitability data, which competent authorities, organisations and personnel may use to demonstrate compliance of products, parts, appliances, UAS, CMUs and CMU components with the relevant essential requirements set out in Annexes II, IV, V and IX to that Regulation. Such specifications shall be sufficiently detailed and specific to indicate to applicants the conditions under which certificates shall be issued, amended or supplemented.

21.B.75   Special conditions
  • (a) The Agency shall prescribe special detailed technical specifications, named ‘special conditions’, for a product, a UAS or a CMU if the related certification specifications do not contain adequate or appropriate safety standards for the product, UAS or CMU because:
    1. the product, the UAS or the CMU has novel or unusual design features relative to the design practices on which the applicable certification specifications are based;
    1. the intended use of the product is unconventional; or
    1. in-service experience with other similar products, UAS or CMUs or with products or CMUs that have similar design features or newly identified hazards has shown that unsafe conditions may develop.
  • (b) Special conditions contain such safety standards as the Agency finds necessary in order to establish a level of safety equivalent to that of the applicable certification specifications.
21.B.80   Type-certification basis for a type-certificate or restricted type-certificate

The Agency shall establish the type-certification basis and notify it to the applicant for a type-certificate or a restricted type-certificate. The type-certification basis shall consist of:

  • (a) the certification specifications for airworthiness designated by the Agency for the product, the UAS or the CMU, as applicable on the date of application for that certificate and any special condition prescribed by the Agency in accordance with point 21.B.75(a), unless:
    1. the applicant chooses to comply, or is required to comply in accordance with point 21.A.15(f), with certification specifications which became applicable after the date of the application; If an applicant chooses to comply with a certification specification which became applicable after the date of the application, the Agency shall include in the type-certification basis any other certification specification that is directly related; or
    1. the Agency accepts any alternative to a designated certification specification that cannot be complied with, for which compensating factors have been found that provide an equivalent level of safety; or
    1. the Agency accepts or prescribes other means that:
  • (i) in the case of a type-certificate, demonstrate compliance with the essential requirements of Annex II and, where applicable, of Annex IX to Regulation (EU) 2018/1139; or
  • (ii) in the case of a restricted type-certificate, provide a level of safety adequate with regard to the intended use; and
  • (b) Reserved.
21.B.82   Operational suitability data certification basis for an aircraft type-certificate or restricted type-certificate

The Agency shall establish the operational suitability data certification basis and notify it to the applicant for an aircraft type-certificate or restricted type-certificate. The operational suitability data certification basis shall consist of:

  • (a) the certification specifications for operational suitability data designated by the Agency out of those applicable to the aircraft at the date of the application or at the date of the application supplement for operational suitability data, whichever date is later, unless:
    1. the applicant chooses to comply, or in accordance with point 21.A.15(f) is required to comply with certification specifications which became applicable after the date of the application; If an applicant chooses to comply with a certification specification which became applicable after the date of the application, the Agency shall include in the type-certification basis any other certification specification that is directly related; or
    1. the Agency accepts or prescribes alternative means to demonstrate compliance with the relevant essential requirements of Annexes II, IV, V and IX to Regulation (EU) 2018/1139;
  • (b) any special condition prescribed by the Agency in accordance with point 21.B.75(a).
21.B.85   Applicable environmental protection requirements for a type certificate or restricted type certificate
  • (a) For a type certificate or restricted type certificate for an aircraft or for a type certificate for an engine, the Agency shall designate and notify to the applicant the applicable environmental protection requirements from the essential requirements referred to in the first subparagraph of Article 9(2) of Regulation (EU) 2018/1139.
  • (b) (reserved).
21.B.100   Level of involvement
  • (a) The Agency shall determine its involvement in the verification of the compliance demonstration activities and data related to the application for a type certificate, restricted type certificate, major change approval, supplemental type certificate, major repair design approval or ETSO authorisation for APUs. It shall do so on the basis of an assessment of meaningful groups of compliance demonstration activities and data of the certification programme. That assessment shall address:
  • — the likelihood of an unidentified non-compliance with the type-certification basis, operational suitability data certification basis or applicable environmental protection requirements; and
  • — the potential impact of that non-compliance on product, UAS and CMU safety or environmental compatibility, and consider at least the following elements:
    1. novel or unusual features of the certification project, including operational, organisational and knowledge management aspects;
    1. complexity of the design and/or demonstration of compliance;
    1. criticality of the design or technology and the related safety and environmental risks, including those identified on similar designs; and
    1. performance and experience of the design organisation of the applicant in the domain concerned.
  • (b) For the approval of a minor repair design, minor change or ETSO authorisation other than for APU, the Agency shall determine its involvement at the level of the entire certification project, taking into account any novel or unusual features, complexity of the design and/or demonstration of compliance, criticality of the design or technology, as well as the performance and experience of the applicant's design organisation.
  • (c) The Agency shall notify its level of involvement to the applicant and it shall update its level of involvement when this is warranted by information which has an appreciable impact on the risk previously assessed pursuant to point (a) or (b). The Agency shall notify the applicant about the change in the level of involvement.
21.B.103   Issuance of a type-certificate or a restricted type-certificate
  • (a) The Agency shall issue an aircraft, engine, propeller or CMU type-certificate or an aircraft restricted type-certificate, provided that all of the following conditions are fulfilled:
    1. the applicant complies with point 21.A.21;
    1. the Agency, through verification of the demonstration of compliance in accordance with its involvement determined in accordance with point 21.B.100, has not found any non-compliance with the applicable type-certification basis, the operational suitability data certification basis, where applicable, in accordance with point 21.B.82, and the applicable environmental protection requirements;
    1. 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.
  • (b) By derogation from point (a), at the applicant's request included in the declaration referred to in point 21.A.20(d), the Agency may issue an aircraft type-certificate before compliance with the operational suitability data certification basis has been demonstrated, provided that the applicant demonstrates such compliance before the date at which those data are to be actually used.
(SUBPART C — NOT APPLICABLE)
SUBPART D —   CHANGES TO TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES
21.B.105   Type-certification basis, environmental protection requirements and operational suitability data certification basis for a major change to a type certificate

The Agency shall establish the applicable type-certification basis, the applicable environmental protection requirements and, in the case of a change affecting the operational suitability data, the operational suitability data certification basis established in accordance with point 21.A.101 and notify them to the applicant for a major change to a type certificate.

21.B.107   Issuance of an approval of a change to a type-certificate
  • (a) The Agency shall issue an approval of a change to a type-certificate provided that:
    1. the applicant for an approval has complied with:
  • (i) point 21.A.95 for a minor change; or
  • (ii) point 21.A.97 for a major change;
    1. the Agency, through verification of the demonstration of compliance in accordance with the level of its involvement established on the basis of point 21.B.100(a) or (b) has not found any non-compliance with the applicable type-certification basis, operational suitability data certification basis, where applicable, in accordance with point 21.B.82, and the applicable environmental protection requirements; and
    1. 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.
  • (b) In the case of a change that affects the operational suitability data, by way of derogation from points 1 and 2 of point (a), at the applicant’s request included in the declaration referred to in point 21.A.20(d), the Agency may approve a change to an aircraft type-certificate before compliance with the applicable operational suitability data certification basis has been demonstrated, provided that the applicant demonstrates such compliance before the date on which this data is to be actually used.
  • (c) The approval of the changes to the operational suitability data shall be included in the approval of the change to the type-certificate.
  • (d) The approval of a change to a type-certificate shall be limited to the specific configuration(s) in the type-certificate to which the change relates.
SUBPART E —   SUPPLEMENTAL TYPE-CERTIFICATES

In this Subpart, references to type-certificates include type-certificates and restricted type-certificates.

21.B.109   Type-certification basis, environmental protection requirements and operational suitability data certification basis for a supplemental type certificate

The Agency shall establish the applicable type-certification basis, the applicable environmental protection requirements and, in the case of a change affecting the operational suitability data, the operational suitability data certification basis established in accordance with point 21.A.101 and notify them to the applicant for a supplemental type certificate.

21.B.111   Issuance of a supplemental type-certificate
  • (a) The Agency shall issue a supplemental type-certificate, provided that all of the following conditions are fulfilled:
    1. the applicant complies with point 21.A.115(b);
    1. the Agency, through verification of the demonstration of compliance in accordance with the level of involvement established on the basis of point 21.B.100(a), has not found any non-compliance with the applicable type-certification basis, operational suitability data certification basis, where applicable, in accordance with point 21.B.82, and the applicable environmental protection requirements;
    1. 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.
  • (b) In the case of a supplemental type-certificate that affects the operational suitability data, by way of derogation from points 1 and 2 of point (a), at the applicant’s request included in the declaration referred to in point 21.A.20(d), the Agency may issue a supplemental type-certificate before compliance with the applicable operational suitability data certification basis has been demonstrated, provided that the applicant demonstrates such compliance before the date on which this data is to be actually used.
  • (c) The approval of the changes to the operational suitability data shall be included in the supplemental type-certificate.
  • (d) The supplemental type-certificate shall be limited to the specific configuration(s) in the type-certificate to which the related major change relates.
21.B.115   Means of compliance
  • (a) The Agency shall develop acceptable means of compliance (‘AMC’) that may be used to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts.
  • (b) Alternative means of compliance may be used to establish compliance with this Regulation.
  • (c) Competent authorities shall inform the Agency of any alternative means of compliance used by organisations under their oversight or by themselves for establishing compliance with this Regulation.
SUBPART F —   PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL
21.B.120   Initial certification procedure
  • (a) Upon receiving an application for the issue of a letter of agreement for the purpose of demonstrating conformity of the individual products, parts, appliances, control and monitoring units (CMUs) and CMU components, the competent authority shall verify the applicant’s compliance with the applicable requirements.
  • (b) The competent authority shall record all the findings issued, closure actions as well as recommendations for the issue of the letter of agreement.
  • (c) The competent authority shall confirm to the applicant in writing all the findings raised during the verification. For initial certification, all findings must be corrected to the satisfaction of the competent authority before the letter of agreement can be issued.
  • (d) When satisfied that the applicant complies with the applicable requirements, the competent authority shall issue the letter of agreement (EASA Form 65, see Appendix XI).
  • (e) The letter of agreement shall contain the scope of the agreement, a termination date and, where applicable, the appropriate limitations.
  • (f) The duration of the letter of agreement shall not exceed 1 year.
21.B.125   Findings and corrective actions; observations
  • (a) The competent authority shall have a system in place to analyse findings for their safety significance.
  • (b) A level 1 finding shall be issued by the competent authority when any significant non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts, with the organisation’s procedures and manuals, or with the terms of the letter of agreement which lowers safety or seriously endangers flight safety. Level 1 findings shall also include:
    1. any failure to grant the competent authority access to the organisation’s facilities referred to in point 21.A.9 during normal operating hours and after two written requests;
    1. obtaining the letter of agreement or maintaining its validity by falsification of the submitted documentary evidence; and
    1. any evidence of malpractice or fraudulent use of the letter of agreement.
  • (c) A level 2 finding shall be issued by the competent authority when any non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts, with the organisation’s procedures and manuals, or with the terms of the letter of agreement, which is not classified as a level 1 finding.
  • (d) When a finding is detected during oversight or by any other means, the competent authority shall, without prejudice to any additional action required by Regulation (EU) 2018/1139 and its delegated and implementing acts, communicate in writing the finding to the organisation and request corrective action to address the non-compliance(s) identified. Where a level 1 finding directly relates to an aircraft, or to a control and monitoring unit (CMU), the competent authority shall inform the competent authority of the Member State where the aircraft, or the unmanned aircraft (UA) controlled by that CMU, is registered.
    1. If there are any level 1 findings, the competent authority shall take immediate and appropriate action to prohibit or limit the activities of the organisation involved and, if appropriate, it shall take action to revoke the letter of agreement or to limit or suspend it in whole or in part, depending on the extent of the level 1 finding, until successful corrective action has been taken by the organisation.
    1. If there are any level 2 findings, the competent authority shall:
  • (i) grant the organisation a corrective action implementation period that is appropriate to the nature of the finding, and that in any case shall initially not be more than 3 months. The period shall commence from the date of the written communication of the finding to the organisation, requesting corrective action to address the non-compliance identified. At the end of that period, and subject to the nature of the finding, the competent authority may extend the 3-month period provided that a corrective action plan has been agreed with the competent authority;
  • (ii) assess the corrective action plan and implementation plan proposed by the organisation, and if the assessment concludes that they are sufficient to address the non-compliance, accept them;
  • (iii) if the organisation fails to submit an acceptable corrective action plan, or fails to perform the corrective action within the time period accepted or extended by the competent authority, the finding shall be raised to level 1 and action shall be taken as laid down in point (f)(1)(i).
  • (e) The competent authority may issue observations for any of the following cases not requiring level 1 or level 2 findings:
    1. for any item whose performance has been assessed to be ineffective;
    1. when it has been identified that an item has the potential to cause a non-compliance under points (b) or (c);
    1. when suggestions or improvements are of interest for the overall safety performance of the organisation. The observations issued under this point shall be communicated in writing to the organisation and recorded by the competent authority.
21.B.135   Maintenance of the letter of agreement

The competent authority shall maintain the letter of agreement for as long as:

  • (a) the manufacturer properly uses the EASA Form 52 (see Appendix VIII) as a statement of conformity for complete aircraft, and the EASA Form 1 (see Appendix I) for products other than complete aircraft, parts, appliances, control and monitoring units (CMUs) and CMU components; and
  • (b) inspections performed by the competent authority of the Member State before validation of the EASA Form 52 (see Appendix VIII) or the EASA Form 1 (see Appendix I), as per point 21.A.130(c) did not reveal any findings of non-compliance with the requirements or the procedures as contained in the manual provided by the manufacturer, or any non-conformity of the respective products, parts or appliances. These inspections shall check at least that:
    1. the agreement covers the product, part, appliance, control and monitoring unit (CMU) or CMU component to be validated, and remains valid;
    1. the manual described in point 21.A.125A(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;
    1. production has been carried out under the conditions prescribed in the letter of agreement and satisfactorily performed;
    1. inspections and tests (including flight tests, if appropriate), as per points 21.A.130(b)(2) and/or (b)(3), have been carried out under the condition prescribed in the letter of agreement and satisfactorily performed;
    1. the inspections by the competent authority described or addressed in the letter of agreement have been performed and found acceptable;
    1. the statement of conformity complies with point 21.A.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.
21.B.140   Amendment of a letter of agreement
  • (a)The competent authority shall investigate, as appropriate, in accordance with point 21.B.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.
SUBPART G —   PRODUCTION ORGANISATION APPROVAL
21.B.215   Means of compliance
  • (a) The Agency shall develop acceptable means of compliance (‘AMC’) that may be used to establish compliance with Regulation (EU) 2018/1139 and its delegated and implementing acts.
  • (b) Alternative means of compliance may be used to establish compliance with this Regulation.
  • (c) Competent authorities shall inform the Agency of any alternative means of compliance used by organisations under their oversight or by themselves for establishing compliance with this Regulation.
21.B.220   Initial certification procedure
  • (a) Upon receiving an application for the initial issue of a production organisation approval certificate, the competent authority shall verify the applicant’s compliance with the applicable requirements.
  • (b) A meeting with the accountable manager of the applicant shall be convened at least once during the investigation for initial certification to ensure that this person understands his or her role and accountability.
  • (c) The competent authority shall record all the findings issued, closure actions as well as the recommendations for the issue of the production organisation approval certificate.
  • (d) The competent authority shall confirm to the applicant in writing all the findings raised during the verification. For initial certification, all findings must be corrected to the satisfaction of the competent authority before the certificate can be issued.
  • (e) When satisfied that the applicant complies with the applicable requirements, the competent authority shall issue the production organisation approval certificate (EASA Form 55, see Appendix X).
  • (f) The certificate reference number shall be included on the EASA Form 55 in a manner specified by the Agency.
  • (g) The certificate shall be issued for an unlimited duration. The privileges and the scope of the activities that the organisation is approved to conduct, including any limitations as applicable, shall be specified in the terms of approval attached to the certificate.
21.B.221   Oversight principles
  • (a) The competent authority shall verify:
    1. compliance with the requirements that are applicable to organisations, prior to issuing the production organisation approval certificate;
    1. continued compliance with the applicable requirements of the organisations it has certified;
    1. the implementation of appropriate safety measures mandated by the competent authority according to points 21.B.20(c) and (d).
  • (b) This verification shall:
    1. be supported by documentation specifically intended to provide personnel responsible for oversight with guidance to perform their functions;
    1. provide the organisations concerned with the results of oversight activities;
    1. be based on assessments, audits, inspections and, if needed, unannounced inspections;
    1. provide the competent authority with the evidence needed in case further action is required, including the measures provided for in point 21.B.225.
  • (c) The competent authority shall establish the scope of the oversight defined in points (a) and (b) taking into account the results of past oversight activities and the safety priorities.
  • (d) If the facilities of an organisation are located in more than one State, the competent authority, as defined in point 21.1, may agree to have the oversight tasks performed by the competent authority(ies) of the Member State(s) where the facilities are located, or by the Agency for facilities that are located outside a territory for which Member States are responsible under the Chicago Convention. Any organisation that is subject to such an agreement shall be informed of its existence and of its scope.
  • (e) For any oversight activities that are performed at facilities located in a Member State other than where the organisation has its principal place of business, the competent authority, as defined in point 21.1, shall inform the competent authority of that Member State before performing any on-site audit or inspection of the facilities.
  • (f) The competent authority shall collect and process any information deemed necessary for performing oversight activities.
  • (g) With regard to the certification and oversight of the organisation’s compliance with point 21.A.139A of this Annex, in addition to complying with points (a) to (f) of this point, the competent authority shall review any approval granted under point IS.D.OR.200(e) of the Annex to Commission Delegated Regulation (EU) 2022/1645 ([^E0011]) following the applicable oversight audit cycle and whenever changes are implemented in the scope of work of the organisation.
21.B.222   Oversight programme
  • (a) The competent authority shall establish and maintain an oversight programme covering the oversight activities required by point 21.B.221(a).
  • (b) The oversight programme shall take into account the specific nature of the organisation, the complexity of its activities, the results of past certification and/or oversight activities, and it shall be based on the assessment of the associated risks. It shall include, within each oversight planning cycle:
    1. assessments, audits and inspections, including, as appropriate:
  • (i) management system assessments and process audits;
  • (ii) product audits of a relevant sample of the products, parts, appliances, control and monitoring units (CMUs) and CMU components that are within the scope of the organisation;
  • (iii) sampling of the work performed; and
  • (iv) unannounced inspections;
    1. meetings convened between the accountable manager and the competent authority to ensure that both parties remain informed of all significant issues.
  • (c) The oversight planning cycle shall not exceed 24 months.
  • (d) Notwithstanding point (c), the oversight planning cycle may be extended to 36 months if the competent authority has established that during the previous 24 months:
    1. the organisation has demonstrated that it can effectively identify aviation safety hazards and manage the associated risks;
    1. the organisation has continuously demonstrated compliance with points 21.A.147 and 21.A.148 and it has full control over all changes to the production management system;
    1. no level 1 findings have been issued;
    1. all corrective actions have been implemented within the time period that was accepted or extended by the competent authority as defined in point 21.B.225. Notwithstanding point (c), the oversight planning cycle may be further extended to a maximum of 48 months if, in addition to the conditions provided in points (1) to (4) above, the organisation has established, and the competent authority has approved, an effective continuous system for reporting to the competent authority on the safety performance and regulatory compliance of the organisation itself.
  • (e) The oversight planning cycle may be reduced if there is evidence that the safety performance of the organisation has decreased.
  • (f) The oversight programme shall include records of the dates when assessments, audits, inspections and meetings are due, and when assessments, audits, inspections and meetings have been effectively carried out.
  • (g) At the completion of each oversight planning cycle, the competent authority shall issue a recommendation report on the continuation of the approval, reflecting the results of the oversight.
21.B.225   Findings and corrective actions; observations
  • (a) The competent authority shall have a system in place to analyse findings for their safety significance.
  • (b) A level 1 finding shall be issued by the competent authority when any significant non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts, with the organisation’s procedures and manuals, or with the certificate including the terms of approval which lowers safety or seriously endangers flight safety. The level 1 findings shall also include:
    1. any failure to grant the competent authority access to the organisation’s facilities referred to in point 21.A.9 during normal operating hours and after two written requests;
    1. obtaining the production organisation approval certificate or maintaining its validity by falsification of the submitted documentary evidence;
    1. any evidence of malpractice or fraudulent use of the production organisation approval certificate; and
    1. failure to appoint an accountable manager pursuant to point 21.A.245(a)/
  • (c) A level 2 finding shall be issued by the competent authority when any non-compliance is detected with the applicable requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts, with the organisation’s procedures and manuals, or with the certificate including the terms of approval, which is not classified as a level 1 finding.
  • (d) When a finding is detected during oversight or by any other means, the competent authority shall, without prejudice to any additional action required by Regulation (EU) 2018/1139 and its delegated and implementing acts, communicate in writing the finding to the organisation and request corrective action to address the non-compliance(s) identified. Where a level 1 finding directly relates to an aircraft, the competent authority shall inform the competent authority of the Member State in which the aircraft is registered.
    1. If there are any level 1 findings, the competent authority shall take immediate and appropriate action to prohibit or limit the activities of the organisation involved and, if appropriate, it shall take action to revoke the production organisation approval certificate or to limit or suspend it in whole or in part, depending upon the extent of the level 1 finding, until successful corrective action has been taken by the organisation.
    1. If there are any level 2 findings, the competent authority shall:
  • (i) grant the organisation a corrective action implementation period that is appropriate to the nature of the finding, and that in any case shall initially not be more than 3 months. The period shall commence from the date of the written communication of the finding to the organisation requesting corrective action to address the non-compliance identified. At the end of this period, and subject to the nature of the finding, the competent authority may extend the 3-month period provided that a corrective action plan has been agreed by the competent authority;
  • (ii) assess the corrective action and implementation plan proposed by the organisation, and if the assessment concludes that they are sufficient to address the non-compliance, accept them;
  • (iii) if the organisation fails to submit an acceptable corrective action plan, or fails to perform the corrective action within the time period accepted or extended by the competent authority, the finding shall be raised to level 1 and action shall be taken as laid down in point (d)(1).
  • (e) The competent authority may issue observations for any of the following cases not requiring level 1 or level 2 findings:
    1. for any item whose performance has been assessed to be ineffective; or
    1. when it has been identified that an item has the potential to cause a non-compliance under points (b) or (c); or
    1. when suggestions or improvements are of interest for the overall safety performance of the organisation. The observations issued under this point shall be communicated in writing to the organisation and recorded by the competent authority.
21.B.240   Changes in production management system
  • (a) Upon receiving an application for a significant change to the production management system, the competent authority shall verify the organisation’s compliance with the applicable requirements of this Annex before issuing the approval.
  • (b) The competent authority shall establish the conditions under which the organisation may operate during the evaluation of a change unless the competent authority determines that the production organisation approval certificate needs to be suspended.
  • (c) When it is satisfied that the organisation complies with the applicable requirements, the competent authority shall approve the change.
  • (d) Without prejudice to any additional enforcement measures, if the organisation implements a significant change to the production management system without having received the approval of the competent authority pursuant to point (c), the competent authority shall consider the need to suspend, limit or revoke the organisation’s certificate.
  • (e) For non-significant changes to the production management system, the competent authority shall include the review of such changes in its continuing oversight in accordance with the principles set forth in point 21.B.221. If any non-compliance is found, the competent authority shall notify the organisation, request further changes and act in accordance with point 21.B.225.
21.B.240A   Changes to the information security management system
  • (a) For changes managed and notified to the competent authority in accordance with the procedure set out in point IS.D.OR.255(a) of the Annex (Part-IS.D.OR) to Delegated Regulation (EU) 2022/1645, the competent authority shall include the review of such changes in its continuing oversight in accordance with the principles laid down in point 21.B.221. If any non-compliance is found, the competent authority shall notify the organisation thereof, request further changes and act in accordance with point 21.B.225.
  • (b) For other changes requiring an application for approval in accordance with point IS.D.OR.255(b) of the Annex (Part-IS.D.OR) to Delegated Regulation (EU) 2022/1645:
  • (1) upon receiving the application for the change, the competent authority shall check the organisation’s compliance with the applicable requirements before issuing the approval;
  • (2) the competent authority shall establish the conditions under which the organisation may operate during the implementation of the change;
  • (3) if it is satisfied that the organisation complies with the applicable requirements, the competent authority shall approve the change.
SUBPART H —   CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS
21.B.320   Investigation
  • (a)Except for the issuance of an airworthiness certificate pursuant to points 21.B.326(a)(2)(i) or 21.B.327(a)(2)(i), the competent authority of the Member State of registry shall perform sufficient investigation activities to justify the issuance, continued validity, amendment, suspension or revocation of the certificate of airworthiness or restricted certificate of airworthiness.
  • (b)The competent authority of the Member State of registry shall establish procedures for its investigations, covering at least the following elements:
    1. evaluation of the eligibility of the applicant;
    1. evaluation of the conditions for the application;
    1. classification of airworthiness certificates;
    1. evaluation of the documentation received with the application;
    1. inspection of the aircraft;
    1. determination of the necessary conditions, restrictions or limitations to the airworthiness certificates;
    1. acceptance of the evaluation programme and assessment of the evaluation report developed in accordance with point 21.A.174(d).
21.B.325   Issuance of airworthiness certificates
  • (a) The competent authority of the Member State of registry shall issue, or make changes to, a certificate of airworthiness (EASA Form 25, see Appendix VI) without undue delay when it is satisfied that the requirements of point 21.B.326 and the applicable requirements of Subpart H of Section A of this Annex are met.
  • (b) The competent authority of the Member State of registry shall issue, or make changes to, a restricted certificate of airworthiness (EASA Form 24, see Appendix V) without undue delay when it is satisfied that the requirements of point 21.B.327 and the applicable requirements of Subpart H of Section A of this Annex are met.
  • (c) Where applicable, in addition to the airworthiness certificate referred to in point (a) or point (b), the competent authority of the Member State of registry shall issue an airworthiness review certificate in accordance with point M.B.901 of Annex I (Part-M) or point ML.B.901 of Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, or point AR.UAS.CAW.902 of the Annex (Part-AR.UAS) to Commission Implementing Regulation (EU) 2024/1109 ([^E0012]), as applicable.
21.B.326   Certificate of airworthiness
  • (a) The competent authority of the Member State of registry shall issue a certificate of airworthiness for:
  • (1) new aircraft:
  • (i) upon presentation of the documentation required by point 21.A.174(b)(2);
  • (ii) where the competent authority of the Member State of registry is satisfied that the aircraft is in compliance with the applicable CO2 emissions requirements on the date on which the certificate of airworthiness is first issued;
  • (2) used aircraft transferred from another Member State having a certificate of airworthiness issued in accordance with this Annex, upon presentation of a copy of the current certificate of airworthiness and one of the following:
  • (i) the documentation required by point 21.A.174(b)(3)(i)(A);
  • (ii) the documentation required by point 21.A.174(b)(3)(i)(B);
  • (3) used aircraft not having a certificate of airworthiness issued in accordance with this Annex, upon presentation of the documentation required by point 21.A.174(b)(3)(ii) demonstrating that the following conditions are met:
  • (i) the aircraft or the UAS, as applicable, conforms to a design approved under a type certificate, and any supplemental type certificate, change or repair approved in accordance with this Annex;
  • (ii) the applicable airworthiness directives have been complied with;
  • (iii) an airworthiness review has been carried out in accordance with the applicable requirement of Annex I (Part-M) or Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, or Annex I (Part-ML.UAS) to Delegated Regulation (EU) 2024/1107, as applicable;
  • (iv) the aircraft was in compliance with the applicable CO2 emissions requirements on the date on which the certificate of airworthiness was first issued.
  • (b) For the cases referred to in points (a)(1), (a)(2)(ii) and (a)(3), the Member State of registry shall issue a certificate of airworthiness where it is satisfied that the aircraft or the UAS, as applicable, conforms to an approved design and is in a condition for safe operation. This may include inspections by the competent authority of the Member State of registry.
21.B.327   Restricted certificate of airworthiness
  • (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 point 21.A.174(b)(2);
    1. used aircraft transferred from another Member State having a restricted certificate of airworthiness issued in accordance with this Annex, upon presentation of a copy of the current restricted certificate of airworthiness and any of the following:
  • (i) the documentation required by point 21.A.174(b)(3)(i)(A);
  • (ii) the documentation required by point 21.A.174(b)(3)(i)(B);
    1. used aircraft not having a restricted certificate of airworthiness issued in accordance with this Annex, upon presentation of the documentation required by point 21.A.174(b)(3)(ii) demonstrating that the following conditions are met:
  • (i) the aircraft or the UAS, as applicable, conforms to a design approved under a restricted type certificate or in accordance with specific airworthiness specifications, and any supplemental type-certificate, change or repair approved in accordance with this Annex;
  • (ii) the applicable airworthiness directives have been complied with;
  • (iii) an airworthiness review has been carried out in accordance with the applicable requirement of Annex I (Part-M) or Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, or Annex I (Part-ML.UAS) to Delegated Regulation (EU) 2024/1107, as applicable.
  • (b)For an aircraft that cannot comply with the essential requirements referred to in Regulation (EC) No 216/2008 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 airworthiness specifications ensuring adequate safety with regard to the intended use, and
    1. 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 Regulation (EC) No 216/2008.
  • (d)For the cases referred to in points (a)(1), (a)(2)(ii) and (a)(3), the Member State of registry shall issue a restricted certificate of airworthiness when satisfied that the aircraft or the UAS, as applicable, conforms to an approved design and is in a condition for safe operation. This may include inspections by the competent authority of the Member State of registry.
SUBPART I —   NOISE CERTIFICATES
21.B.420   Investigation
  • (a)The competent authority of the Member State of registry shall perform sufficient investigation activities for an applicant 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 documented procedures covering at least the following elements:
    1. evaluation of eligibility;
    1. evaluation of the documentation received with the application;
    1. inspection of aircraft.
21.B.425   Issuance of noise certificates

The competent authority of the Member State of registry shall, as applicable, issue, or amend noise certificates (EASA Form 45, see Appendix VII) without undue delay when it is satisfied that the applicable requirements of Section A, Subpart I are met.

SUBPART J —   DESIGN ORGANISATION APPROVAL
21.B.430   Initial certification procedure
  • (a) Upon receiving an application for the initial issue of a design organisation approval, the competent authority shall verify the applicant’s compliance with the applicable requirements,
  • (b) A meeting with the head of the design organisation shall be convened at least once during the investigation for initial certification to ensure that this person understands their role and accountability.
  • (c) The competent authority shall record all the findings issued, closure actions as well as recommendations for the issue of the design organisation approval.
  • (d) The competent authority shall confirm to the applicant in writing all the findings raised during the verification. For initial certification, all findings must be corrected to the satisfaction of the competent authority before the design organisation approval can be issued.
  • (e) When satisfied that the applicant complies with the applicable requirements, the competent authority shall issue the design organisation approval.
  • (f) The certificate reference number shall be included in the design organisation approval in a manner specified by the Agency.
  • (g) The certificate shall be issued for an unlimited period of time. The privileges and the scope of the activities that the design organisation is approved to perform, including any limitations as applicable, shall be specified in the terms of approval attached to the design organisation approval.
21.B.431   Oversight principles

The competent authority shall verify whether certified organisations continue to comply with the applicable requirements

  • (a) The verification shall:
    1. be supported by documentation specifically intended to provide personnel responsible for oversight with guidance to perform their functions;
    1. provide the organisations concerned with the results of oversight activities;
    1. be based on assessments, audits, inspections and, if needed, unannounced inspections;
    1. provide the competent authority with the evidence needed in case further action is required, including the measures provided for in point 21.B.433.
  • (b) The competent authority shall establish the scope of the oversight set out in point (a) taking into account the results of past oversight activities and the safety priorities.
  • (c) The competent authority shall collect and process any information deemed necessary for performing oversight activities.

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