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

[MEMBER STATE] (1) A Member of the European Union (2)	Terms of approval	Terms of approval	TA: [MEMBER STATE CODE (1)].21G.XXXX
This document is part of the production organisation approval number [MEMBER STATE CODE (1)].21G.XXXX issued to: Company name:	This document is part of the production organisation approval number [MEMBER STATE CODE (1)].21G.XXXX issued to: Company name:	This document is part of the production organisation approval number [MEMBER STATE CODE (1)].21G.XXXX issued to: Company name:	This document is part of the production organisation approval number [MEMBER STATE CODE (1)].21G.XXXX issued to: Company name:
Section 1. SCOPE OF WORK:	Section 1. SCOPE OF WORK:	Section 1. SCOPE OF WORK:	Section 1. SCOPE OF WORK:
PRODUCTION OF	PRODUCTION OF	PRODUCTS/CATEGORIES	PRODUCTS/CATEGORIES
For details and limitations, refer to the Production Organisation Exposition, Section xxx	For details and limitations, refer to the Production Organisation Exposition, Section xxx	For details and limitations, refer to the Production Organisation Exposition, Section xxx	For details and limitations, refer to the Production Organisation Exposition, Section xxx
Section 2. LOCATIONS:	Section 2. LOCATIONS:	Section 2. LOCATIONS:	Section 2. LOCATIONS:
Section 3. PRIVILEGES:	Section 3. PRIVILEGES:	Section 3. PRIVILEGES:	Section 3. PRIVILEGES:
The production organisation is entitled to exercise, within its terms of approval and in accordance with the procedures of its Production Organisation Exposition, the privileges laid down in point 21.A.163, subject to the following:	The production organisation is entitled to exercise, within its terms of approval and in accordance with the procedures of its Production Organisation Exposition, the privileges laid down in point 21.A.163, subject to the following:	The production organisation is entitled to exercise, within its terms of approval and in accordance with the procedures of its Production Organisation Exposition, the privileges laid down in point 21.A.163, subject to the following:	The production organisation is entitled to exercise, within its terms of approval and in accordance with the procedures of its Production Organisation Exposition, the privileges laid down in point 21.A.163, subject to the following:
[keep only applicable text]	[keep only applicable text]	[keep only applicable text]	[keep only applicable text]
Prior to the approval of the design of the product, the EASA Form 1 may be issued only for conformity purposes.	Prior to the approval of the design of the product, the EASA Form 1 may be issued only for conformity purposes.	Prior to the approval of the design of the product, the EASA Form 1 may be issued only for conformity purposes.	Prior to the approval of the design of the product, the EASA Form 1 may be issued only for conformity purposes.
A statement of conformity may not be issued for a non-approved aircraft.	A statement of conformity may not be issued for a non-approved aircraft.	A statement of conformity may not be issued for a non-approved aircraft.	A statement of conformity may not be issued for a non-approved aircraft.
Maintenance may be performed, until compliance with the maintenance regulations is required, in accordance with the Production Organisation Exposition Section xxx	Maintenance may be performed, until compliance with the maintenance regulations is required, in accordance with the Production Organisation Exposition Section xxx	Maintenance may be performed, until compliance with the maintenance regulations is required, in accordance with the Production Organisation Exposition Section xxx	Maintenance may be performed, until compliance with the maintenance regulations is required, in accordance with the Production Organisation Exposition Section xxx
Permits to fly may be issued in accordance with the Production Organisation Exposition Section yyy	Permits to fly may be issued in accordance with the Production Organisation Exposition Section yyy	Permits to fly may be issued in accordance with the Production Organisation Exposition Section yyy	Permits to fly may be issued in accordance with the Production Organisation Exposition Section yyy
Date of original issue:	Date of original issue:	Signed:	Signed:
Date of this revision:	Date of this revision:
Revision No:	Revision No:	For [COMPETENT AUTHORITY IDENTIFICATION (1)]	For [COMPETENT AUTHORITY IDENTIFICATION (1)]
EASA Form 55b – Issue 3	EASA Form 55b – Issue 3	EASA Form 55b – Issue 3	EASA Form 55b – Issue 3

• (¹)Or ‘EASA’, if EASA is the competent authority.

• (²)Delete for non-EU Member States.

Appendix XI

Letter of agreement for production without a production organisation approval — EASA Form 65

Letter of agreement referred to in Subpart F of Annex I (Part 21)

[MEMBER STATE] [^E0025] A Member of the European Union [^E0026] LETTER OF AGREEMENT FOR PRODUCTION WITHOUT A PRODUCTION ORGANISATION APPROVAL [NAME OF THE APPLICANT] [TRADE NAME (if different from the name of the applicant)] [FULL POSTAL ADDRESS OF THE APPLICANT] Date (day, month, year) Reference: [MEMBER STATE CODE [^E0026]].21F.XXXX Dear Mr/Ms [name of the applicant], your production inspection system has been evaluated and found to be in compliance with Section A Subpart A and Subpart F of Annex I (Part 21) to Commission Regulation (EU) No 748/2012. Therefore, subject to the conditions specified below, we agree that the showing of conformity of the products, parts, appliances, control and monitoring units and control and monitoring unit components mentioned below may be performed according to Section A of Subpart F of Annex I (Part 21) to Commission Regulation (EU) No 748/2012. No of Units P/NS/N AIRCRAFT PARTS The following conditions are applicable to this letter of agreement: (1) It is valid while [company name] remains in compliance with Section A Subpart A and Subpart F of Annex I (Part 21) to Commission Regulation (EU) No 748/2012. (2) It requires compliance with the procedures specified in [company name] manual reference/issue date … (3) It terminates on … (4) The statement of conformity issued by [company name] under point 21.A.130 of Commission Regulation (EU) No 748/2012 shall be validated by the issuing authority of this letter of agreement in accordance with the procedure...... of the referenced manual. (5) [company name] shall immediately notify the issuing authority of this letter of agreement of any changes to the production inspection system that may affect the inspection, conformity or airworthiness of the products, parts, control and monitoring units and control and monitoring unit components listed in this letter of agreement. For the competent authority: [COMPETENT AUTHORITY IDENTIFICATION [^E0025] [^E0026] ] Date and Signature
EASA Form 65 — Issue 4

Or ‘EASA’, if EASA is the competent authority.

Delete for third countries.

Appendix XII

Categories of flight tests and associated flight test crew qualifications

A. General

This Appendix establishes the qualifications necessary for flight crew involved in the conduct of flight tests for aircraft certified or to be certified in accordance with CS-23 for aircraft with a maximum take-off mass (MTOM) of or above 2 000 kg, CS-25, CS-27, CS-29 or equivalent airworthiness codes.

B. Definitions

• 1. ‘Flight test engineer’ means any engineer involved in flight test operations either on the ground or in flight.

• 1. ‘Lead flight test engineer’ means a flight test engineer assigned for duties in an aircraft for the purpose of conducting flight tests or assisting the pilot in the operation of the aircraft and its systems during flight test activities.

• 1. ‘Flight tests’ mean:
• 3.1. flights for the development phase of a new design (aircraft, propulsion systems, parts and appliances);
• 3.2. flights to demonstrate compliance to certification basis or conformity to type design;
• 3.3. flights intended to experiment new design concepts, requiring unconventional manoeuvres or profiles for which it could be possible to exit the already approved envelope of the aircraft;
• 3.4. flight test training flights.

C. Categories of flight tests

1. General

The descriptions below address the flights performed by design and production organisations under Annex I (Part 21).

2. Scope

If more than one aircraft is involved in a test, each individual aircraft flight shall be assessed under this Appendix to determine if it is a flight test and when appropriate, its category.

The flights referred to in point (6)(B)(3) are the only flights that belong to the scope of this Appendix.

3. Categories of flight tests

Flights tests include the following four categories:

• 3.1. Category One (1)
• (a) Initial flight(s) of a new type of aircraft or of an aircraft of which flight or handling characteristics may have been significantly modified;
• (b) Flights during which it can be envisaged to potentially encounter flight characteristics significantly different from those already known;
• (c) Flights to investigate novel or unusual aircraft design features or techniques;
• (d) Flights to determine or expand the flight envelope;
• (e) Flights to determine the regulatory performances, flight characteristics and handling qualities when flight envelope limits are approached;
• (f) Flight test training for Category 1 flight tests.

• 3.2. Category Two (2)
• (a) Flights not classified as Category 1 on an aircraft whose type is not yet certified;
• (b) Flights not classified Category 1 on an aircraft of an already certified type, after embodiment of a not yet approved modification and which:
• (i) require an assessment of the general behaviour of the aircraft; or
• (ii) require an assessment of basic crew procedures, when a new or modified system is operating or is needed; or
• (iii) are required to intentionally fly outside of the limitations of the currently approved operational envelope, but within the investigated flight envelope;
• (c) Flight test training for Category 2 flight tests.

• 3.3. Category Three (3) Flights performed for the issuance of statement of conformity for a new-built aircraft which do not require flying outside of the limitations of the type certificate or the aircraft flight manual.

• 3.4. Category Four (4) Flights not classified as Category 1 or 2 on an aircraft of an already certified type, in case of an embodiment of a not yet approved design change.

D. Competence and experience of pilots and lead flight test engineers

1. General

Pilots and lead flight test engineers shall have the competences and experience specified in the following table.

	Categories of flight tests	Categories of flight tests	Categories of flight tests	Categories of flight tests
Aircraft	1	2	3	4
CS-23 commuter or aircraft having a design diving speed (Md) above 0,6 or a maximum ceiling above 7 260 m (25 000 ft), CS-25, CS-27, CS-29 or equivalent airworthiness codes	Competence level 1	Competence level 2	Competence level 3	Competence level 4
Other CS-23 with an MTOM of or above 2 000 kg	Competence level 2	Competence level 2	Competence level 3	Competence level 4

1.1.   Competence level 1

• 1.1.1.Pilots shall comply with the requirements of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 of 3 November 2011 ([^E0027]).

• 1.1.2.Lead flight test engineer shall have:

• (a) satisfactorily completed a Competence level 1 training course; and

• (b) a minimum of 100 hours of flight experience, including flight test training.

1.2.   Competence level 2

• 1.2.1.Pilots shall comply with the requirements of Annex I (Part-FCL) to Regulation (EU) No 1178/2011.

• 1.2.2.The lead flight test engineer shall have:

• (a) satisfactorily completed a Competence level 1 or level 2 training course; and

• (b) a minimum of 50 hours of flight experience, including flight test training.

• The competence level 1 or level 2 training courses for Lead flight test engineer shall cover at least the following subjects:

• (i) Performance;

• (ii) Stability and control/handling qualities;

• (iii) Systems;

• (iv) Test management; and

• (v) Risk/safety management.

1.3.   Competence level 3

• 1.3.1.Pilot(s) shall hold a valid licence appropriate to the category of aircraft under test, issued in accordance with Part-FCL and hold a Commercial Pilot Licence (CPL) as a minimum. In addition, the pilot-in-command shall:

• (a) hold a flight test rating; or

• (b) have at least 1 000 hours of flight experience as pilot-in-command on aircraft having similar complexity and characteristics; and

• (c) have participated, for each class or type of aircraft, in all flights that are part of the programme leading to the issuance of the individual certificate of airworthiness of at least five aircraft.

• 1.3.2.Lead flight test engineer shall:

• (a) satisfy Competence level 1 or level 2; or

• (b) have gained a significant amount of flight experience relevant to the task; and

• (c) have participated in all flights that are part of the programme leading to the issuance of the individual certificate of airworthiness of at least five aircraft.

1.4.   Competence level 4

• 1.4.1.Pilot(s) shall hold a valid licence appropriate to the category of aircraft under test, issued in accordance with Part-FCL and hold a CPL as a minimum. The pilot-in-command shall hold a flight test rating or have at least 1 000 hours as pilot-in-command on aircraft having similar complexity and characteristics.

• 1.4.2.Competence and experience for lead flight test engineers is defined in the flight test operations manual.

2. Lead flight test engineers

Lead flight test engineers shall receive an authorisation from the organisation that employs them detailing the scope of their functions within the organisation. The authorisation shall contain the following information:

• (a) name;

• (b) date of birth;

• (c) experience and training;

• (d) position in organisation;

• (e) scope of the authorisation;

• (f) date of first issue of the authorisation;

• (g) date of expiry of the authorisation, if appropriate; and

• (h) identification number of the authorisation.

Lead flight test engineers shall only be appointed for a specific flight if they are physically and mentally fit to safely discharge assigned duties and responsibilities.

The organisation shall make all relevant records related to authorisations available to their holders.

E. Competence and experience of other flight test engineers

Other flight test engineers on board the aircraft shall have an amount of experience and training commensurate with the tasks assigned to them as crew members, and in accordance with the flight test operations manual, when applicable.

The organisation shall make all relevant records related to their flight activities available to the relevant flight test engineer.

ANNEX IB

PART 21 LIGHT

Certification and declaration of design compliance of aircraft other than unmanned aircraft intended primarily for sports and recreational aviation and related products and parts, and declaration of design and production capability of organisations

Contents	Contents
21L.1	Scope
21L.2	Competent authority
SECTION A –	TECHNICAL REQUIREMENTS
SUBPART A –	GENERAL PROVISIONS
21L.A.1	Scope
21L.A.2	Obligations and actions performed by a person other than the applicant for, or holder of, a certificate or the declarant of a declaration of design compliance
21L.A.3	Reporting system
21L.A.4	Airworthiness directives
21L.A.5	Collaboration between design and production
21L.A.6	Marking
21L.A.7	Record-keeping
21L.A.8	Manuals
21L.A.9	Instructions for continued airworthiness
21L.A.10	Access and investigation
21L.A.11	Findings and observations
21L.A.12	Means of compliance
SUBPART B –	TYPE CERTIFICATES
21L.A.21	Scope
21L.A.22	Eligibility
21L.A.23	Demonstration of design capability
21L.A.24	Application for a type certificate
21L.A.25	Demonstration of compliance
21L.A.26	Type design
21L.A.27	Requirements for the issuance of a type certificate
21L.A.28	Obligations of a type-certificate holder
21L.A.29	Transferability of a type certificate
21L.A.30	Continued validity of a type certificate
SUBPART C –	DECLARATIONS OF AIRCRAFT DESIGN COMPLIANCE
21L.A.41	Scope
21L.A.42	Eligibility
21L.A.43	Declaration of design compliance
21L.A.44	Compliance activities for a declaration of design compliance
21L.A.45	Detailed technical specifications and environmental protection requirements that are applicable to aircraft subject to declarations of design compliance
21L.A.46	Aircraft design data
21L.A.47	Obligations of the declarant of a declaration of design compliance
21L.A.48	Non-transferability of a declaration of aircraft design compliance
SUBPART D –	CHANGES TO TYPE CERTIFICATES
21L.A.61	Scope
21L.A.62	Standard changes
21L.A.63	Classification of changes to a type certificate
21L.A.64	Eligibility
21L.A.65	Application for a change to a type certificate
21L.A.66	Demonstration of compliance
21L.A.67	Requirements for the approval of a minor change to a type certificate
21L.A.68	Requirements for the approval of a major change to a type certificate
21L.A.69	Approval of a change to a type certificate under a privilege
21L.A.70	Obligations for minor changes to a type certificate
SUBPART E –	SUPPLEMENTAL TYPE CERTIFICATES
21L.A.81	Scope
21L.A.82	Eligibility
21L.A.83	Demonstration of design capability
21L.A.84	Application for a supplemental type certificate
21L.A.85	Demonstration of compliance
21L.A.86	Requirements for approval of a supplemental type certificate
21L.A.87	Approval of a supplemental type certificate under a privilege
21L.A.88	Obligations of a holder of a supplemental type certificate
21L.A.89	Transferability of a supplemental type certificate
21L.A.90	Continued validity of a supplemental type certificate
21L.A.91	Changes to a part of a product covered by a supplemental type certificate
SUBPART F –	CHANGES TO AIRCRAFT FOR WHICH DESIGN COMPLIANCE HAS BEEN DECLARED
21L.A.101	Scope
21L.A.102	Standard changes
21L.A.103	Classification of changes to the design of an aircraft for which design compliance has been declared
21L.A.104	Eligibility
21L.A.105	Declaration of design compliance for minor changes
21L.A.106	Obligations of the person making a declaration of compliance of the design of a minor change
21L.A.107	Declaration of design compliance for a major change
21L.A.108	Compliance activities for declaring compliance of a major change
SUBPART G –	DECLARED PRODUCTION ORGANISATIONS
21L.A.121	Scope
21L.A.122	Eligibility
21L.A.123	Declaration of production capability
21L.A.124	Management system for production
21L.A.125	Resources of the declared production organisation
21L.A.126	Scope of work
21L.A.127	Obligations of the declared production organisation
21L.A.128	Notification of changes and cessation of activities
SUBPART H –	CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS
21L.A.141	Scope
21L.A.142	Eligibility
21L.A.143	Application for a certificate of airworthiness or a restricted certificate of airworthiness
21L.A.144	Obligations of the applicant for a certificate of airworthiness or a restricted certificate of airworthiness
21L.A.145	Transferability
21L.A.146	Continued validity of a certificate of airworthiness and of a restricted certificate of airworthiness
SUBPART I –	NOISE CERTIFICATES AND RESTRICTED NOISE CERTIFICATES
21L.A.161	Scope
21L.A.162	Eligibility
21L.A.163	Application
21L.A.164	Transferability and re-issuance of noise certificates and restricted noise certificates within Member States
21L.A.165	Continued validity of a noise certificate and of a restricted noise certificate
SUBPART J –	DECLARED DESIGN ORGANISATIONS
21L.A.171	Scope
21L.A.172	Eligibility
21L.A.173	Declaration of design capability
21L.A.174	Management system for design
21L.A.175	Resources of the declared design organisation
21L.A.176	Scope of work
21L.A.177	Obligations of the declared design organisation
21L.A.178	Notification of changes and cessation of activities
SUBPART K –	PARTS
21L.A.191	Scope
21L.A.192	Showing of compliance
21L.A.193	Release of parts for installation
SUBPART M –	DESIGN OF REPAIRS TO TYPE-CERTIFIED PRODUCTS
21L.A.201	Scope
21L.A.202	Standard repairs
21L.A.203	Classification of repair designs to a type-certified product
21L.A.204	Eligibility
21L.A.205	Application for the approval of a repair design to a type-certified product
21L.A.206	Demonstration of compliance
21L.A.207	Requirements for the approval of a minor repair design
21L.A.208	Requirements for the approval of a major repair design
21L.A.209	Approval of a repair design under a privilege
21L.A.210	Obligations of a holder of a repair design approval
21L.A.211	Unrepaired damage
SUBPART N –	DESIGN OF REPAIRS TO AIRCRAFT FOR WHICH DESIGN COMPLIANCE HAS BEEN DECLARED
21L.A.221	Scope
21L.A.222	Standard repairs
21L.A.223	Classification of repair designs to an aircraft for which design compliance has been declared
21L.A.224	Eligibility
21L.A.225	Declaration of design compliance for minor repair designs
21L.A.226	Declaration of design compliance of major repair designs
21L.A.227	Compliance activities for declaring compliance of a major repair design
21L.A.228	Obligations of the declarant of a declaration of design compliance of a repair design
21L.A.229	Unrepaired damage
SUBPART O –	EUROPEAN TECHNICAL STANDARD ORDER AUTHORISATIONS
SUBPART P –	PERMIT TO FLY
21L.A.241	Permit to fly and flight conditions
SUBPART Q –	IDENTIFICATION OF PRODUCTS AND PARTS
21L.A.251	Scope
21L.A.252	Design of markings
21L.A.253	Identification of products
21L.A.254	Handling of identification data
21L.A.255	Identification of parts
SUBPART R –	STATEMENT OF CONFORMITY FOR AIRCRAFT AND AUTHORISED RELEASE CERTIFICATE (EASA FORM 1) FOR ENGINES AND PROPELLERS, OR PARTS THEREOF, THAT CONFORM TO A DECLARATION OF DESIGN COMPLIANCE
21L.A.271	Scope
21L.A.272	Eligibility
21L.A.273	Production control system
21L.A.274	Issuance of a statement of conformity (EASA Form 52B) or an authorised release certificate (EASA Form 1)
21L.A.275	Obligations of a natural or legal person issuing a statement of conformity (EASA Form 52B) or an authorised release certificate (EASA Form 1)
SECTION B –	PROCEDURES FOR COMPETENT AUTHORITIES
SUBPART A –	GENERAL PROVISIONS
21L.B.11	Oversight documentation
21L.B.12	Exchange of information
21L.B.13	Information to the Agency
21L.B.14	Airworthiness directives received from non-Member States
21L.B.15	Immediate reaction to a safety problem
21L.B.16	Management system
21L.B.17	Allocation of tasks to qualified entities
21L.B.18	Changes in the management system
21L.B.19	Resolution of disputes
21L.B.20	Record-keeping
21L.B.21	Findings and observations
21L.B.22	Enforcement measures
21L.B.23	Airworthiness directives
21L.B.24	Means of compliance
SUBPART B –	TYPE CERTIFICATES
21L.B.41	Certification specifications
21L.B.42	Initial investigation
21L.B.43	Type-certification basis for a type certificate
21L.B.44	Special conditions
21L.B.45	Designation of the applicable environmental protection requirements for a type certificate
21L.B.46	Investigation
21L.B.47	Issuance of a type certificate
21L.B.48	Continuing airworthiness oversight of products for which a type certificate has been issued
21L.B.49	Transfer of a type certificate
SUBPART C –	DECLARATIONS OF DESIGN COMPLIANCE
21L.B.61	Detailed technical specifications and applicable environmental protection requirements for declarations of product design compliance
21L.B.62	Initial oversight investigation
21L.B.63	Registration of a declaration of design compliance
21L.B.64	Continuing airworthiness oversight of aircraft for which design compliance has been declared
SUBPART D –	CHANGES TO TYPE CERTIFICATES
21L.B.81	Type-certification basis and applicable environmental protection requirements for a major change to a type certificate
21L.B.82	Investigation and issuance of an approval of a minor change to a type certificate
21L.B.83	Investigation of a major change to a type certificate
21L.B.84	Issuance of an approval of a major change to a type certificate
21L.B.85	Continuing airworthiness oversight of changed products for which a type certificate has been issued
SUBPART E –	SUPPLEMENTAL TYPE CERTIFICATES
21L.B.101	Type-certification basis and applicable environmental protection requirements for a supplemental type certificate
21L.B.102	Investigation
21L.B.103	Issuance of a supplemental type certificate
21L.B.104	Continuing airworthiness oversight of products for which a supplemental type certificate has been issued
SUBPART F –	CHANGES TO AIRCRAFT FOR WHICH DESIGN COMPLIANCE HAS BEEN DECLARED
21L.B.121	Initial oversight investigation of a declaration of design compliance of a major change to the design of an aircraft for which design compliance has been declared
21L.B.122	Registration of a declaration of design compliance for a major change to an aircraft design
21L.B.123	Continuing airworthiness oversight of a changed aircraft for which design compliance has been declared
SUBPART G –	DECLARED PRODUCTION ORGANISATIONS
21L.B.141	Initial oversight investigation
21L.B.142	Registration of a declaration of production capability
21L.B.143	Oversight
21L.B.144	Oversight programme
21L.B.145	Oversight activities
21L.B.146	Changes to declarations
SUBPART H –	CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS
21L.B.161	Investigation
21L.B.162	Issuance or amendment of a certificate of airworthiness or a restricted certificate of airworthiness
21L.B.163	Oversight
SUBPART I –	NOISE CERTIFICATES
21L.B.171	Investigation
21L.B.172	Issuance or amendment of noise certificates
21L.B.173	Oversight
SUBPART J –	DECLARED DESIGN ORGANISATIONS
21L.B.181	Initial oversight investigation
21L.B.182	Registration of a declaration of design capability
21L.B.183	Oversight
21L.B.184	Oversight programme
21L.B.185	Oversight activities
21L.B.186	Changes to declarations
SUBPART K –	PARTS
SUBPART M –	DESIGN OF REPAIRS TO TYPE-CERTIFIED PRODUCTS
21L.B.201	Type-certification basis and applicable environmental protection requirements for a repair design approval
21L.B.202	Investigation and issuance of an approval for a minor repair design
21L.B.203	Investigation of an application for the approval of a major repair design
21L.B.204	Issuance of an approval of a major repair design
21L.B.205	Continuing airworthiness oversight of products for which a repair design has been approved
21L.B.206	Unrepaired damage
SUBPART N –	DESIGN OF REPAIRS TO AIRCRAFT FOR WHICH DESIGN COMPLIANCE HAS BEEN DECLARED
21L.B.221	Initial oversight investigation of a declaration of design compliance of a major repair design to an aircraft for which design compliance has been declared
21L.B.222	Registration of a declaration of a major repair design to an aircraft for which design compliance has been declared
21L.B.223	Continuing airworthiness oversight of a repair design for which design compliance has been declared
SUBPART O –	EUROPEAN TECHNICAL STANDARD ORDER AUTHORISATIONS
SUBPART P –	PERMIT TO FLY
21L.B.241	Investigation prior to the issuance of a permit to fly
21L.B.242	Investigation prior to issuance of the flight conditions
SUBPART Q –	IDENTIFICATION OF PRODUCTS AND PARTS
SUBPART R –	STATEMENT OF CONFORMITY FOR AIRCRAFT AND AUTHORISED RELEASE CERTIFICATES (EASA FORM 1) FOR ENGINES AND PROPELLERS, AND PARTS THEREOF, THAT CONFORM TO A DECLARATION OF DESIGN COMPLIANCE
21L.B.251	Oversight
21L.B.252	Oversight programme
21L.B.253	Oversight activities
	Appendices to Annex Ib

21L.1   Scope

• (a) Section A of this Annex (Part 21 Light) establishes the provisions governing the rights and obligations of the following persons having their principal place of business located in a Member State:
• 1. the applicant for, and holder of, any certificate issued or to be issued in accordance with this Annex;
• 1. natural and legal persons declaring, in accordance with this Annex, design compliance, design capabilities or production capabilities, or intending to make such declarations;
• 1. the signatory of a statement of conformity for an aircraft, or an authorised release certificate (EASA Form 1) for an engine, propeller or part produced in accordance with this Annex.

• (b) Section B of this Annex establishes the provisions governing the certification, oversight and enforcement by the Agency and national competent authorities in accordance with this Annex and establishes requirements for their administration and management systems relating to the exercise of these tasks.

21L.2   Competent authority

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

• (a) for Section A, Subpart A,
• 1. for design organisations, the Agency;
• 1. for a production organisation, the authority designated by the Member State where the organisation has its principal place of business; or the Agency, if that responsibility has been reallocated to the Agency in accordance with Article 64 or 65 of Regulation (EU) 2018/1139;

• (b) for Section A, Subparts B, C, D, E, F, J, K, M, N, and Q, the Agency;

• (c) for Section A, Subparts G, H, I and R, the authority designated by the Member State where the organisation has its principal place of business; or the Agency, if that responsibility has been reallocated to the Agency in accordance with Article 64 or 65 of Regulation (EU) 2018/1139;

• (d) for Section A, Subpart P:
• 1. for aircraft registered in a Member State, the authority designated by the Member State of registry;
• 1. for unregistered aircraft, the authority designated by the Member State which prescribed the identification marks;
• 1. for the approval of flight conditions related to the safety of the design, the Agency.

SECTION A

TECHNICAL REQUIREMENTS

SUBPART A –   GENERAL PROVISIONS

21L.A.1   Scope

This Section establishes general rights and obligations that are applicable to:

• (a) the applicant for, and holder of, any certificate issued or to be issued in accordance with this Annex;

• (b) any declarant of design or production capability or of design compliance; and

• (c) any natural or legal person issuing a statement of conformity for an aircraft, or an authorised release certificate (EASA Form 1) for an engine, propeller or part produced.

21L.A.2   Obligations and actions performed by a person other than the applicant for, or holder of, a certificate or the declarant of a declaration of design compliance

The actions and obligations required to be undertaken by the applicant for, or holder of, a certificate for a product or part or by the declarant of a declaration of design compliance under this Section may be undertaken on its behalf by any other natural or legal person, provided that the applicant’s, holder’s or declarant’s obligations are and will be properly discharged.

21L.A.3   Reporting system

• (a) Without prejudice to Regulation (EU) No 376/2014 of the European Parliament and of the Council ([^E0028]) and its delegated and implementing acts, any natural or legal person who holds or has applied for a type certificate, supplemental type certificate, major repair design approval, or any other relevant certificate deemed to have been issued under this Annex, or who has declared the compliance of an aircraft design, or a design change or repair design to it under this Annex shall:
• 1. establish and maintain a system for collecting, investigating and analysing occurrence reports in order to identify adverse trends or to address deficiencies, and to extract occurrences, whose reporting is mandatory in accordance with point (3) and those which are reported voluntarily. The reporting system shall include:
• (i) reports of and information related to failures, malfunctions, defects or other events which cause or might cause adverse effects on the continuing airworthiness of the product or part covered by the type certificate, supplemental type certificate, major repair design approval, or any other relevant certificate deemed to have been issued under this Annex, or by the declaration of design compliance issued under this Annex;
• (ii) reports of errors, near misses, and hazards that do not fall under point (i);
• 1. make available to known operators of the product or part, and, on request, to any person authorised under other associated implementing acts or delegated acts, the information about the system established in accordance with point (a)(1), and on how to provide such reports of and information related to failures, malfunctions, defects or other events referred to in point (a)(1)(i);
• 1. report to the Agency any failure, malfunction, defect or other event of which they are aware related to a product or part, covered by the type certificate, supplemental type certificate, major repair design approval, or any other relevant certificate deemed to have been issued under this Annex, or by a declaration of design compliance issued under this Annex, and which has resulted in or may result in an unsafe condition.

• (b) Without prejudice to Regulation (EU) No 376/2014 and its delegated and implementing acts, any natural or legal person who has declared their production capability under Subpart G of this Annex, or who produces a product or part under Subpart R of this Annex, shall:
• 1. establish and maintain a system for collecting and assessing internal occurrence reports, including reports on internal errors, near misses, and hazards, in order to identify adverse trends or to address deficiencies, and extract occurrences, whose reporting is mandatory in accordance with points (2) and (3) and those which are reported voluntarily;
• 1. report, to the responsible design approval holder or declarant of a declaration of design compliance, all cases in which products or parts have been released by them and subsequently identified to have possible deviations from the applicable design data, and investigate with the design approval holder or the declarant of a declaration of design compliance, to identify those deviations which could lead to an unsafe condition;
• 1. report to the Agency and the competent authority of the Member State responsible in accordance with point 21L.2, if any, the deviations which could lead to an unsafe condition that were identified according to point (2) of point 21L.A.3(b);
• 1. if acting as a supplier to another production organisation, report to that other organisation all the cases in which it has released products or parts to that organisation and subsequently identified them to have possible deviations from the applicable design data. The reporting obligations of point 21.A.3A(b) of Annex I of natural and legal persons who hold or have applied for a production organisation approval shall include occurrences related to products and parts produced in conformity with design data approved or declared in accordance with this Annex, and, where the design compliance was declared, reports shall be made to the declarant of design compliance.

• (c) Without prejudice to Regulation (EU) No 376/2014 and its delegated and implementing acts, any natural or legal person referred to in points (a) and (b) when reporting in accordance with points (a)(3), (b)(2), (b)(3) and (b)(4), shall appropriately safeguard the confidentiality of the reporter and of the persons mentioned in the report.

• (d) Without prejudice to Regulation (EU) No 376/2014 and its delegated and implementing acts, any natural or legal person referred to in points (a) and (b) shall make the reports defined in points (a)(3) and (b)(3) in a form and manner established by the competent authority as soon as practicable, and in any case, dispatch the reports not later than 72 hours after the natural or legal person referred to in points (a) and (b) has identified the possible unsafe condition, unless exceptional circumstances prevent this.

• (e) Without prejudice to Regulation (EU) No 376/2014 and its delegated and implementing acts, if an occurrence reported under point (a)(3) or under point (b)(3) results from a deficiency in the design, or a production deficiency, the holder of the type certificate, supplemental type certificate, major repair design approval, or any other relevant certificate deemed to have been issued under this Annex, the declarant of a declaration of design compliance or the production organisation referred to in point (b) as appropriate, shall investigate the reason for the deficiency and report to the Agency and to the competent authority of the Member State responsible in accordance with point 21L.2, if any, the results of its investigation and any action it is taking or proposes to take to correct that deficiency.

• (f) If the competent authority finds that an action is required to correct the deficiency, the holder of the type certificate, supplemental type certificate, major repair design approval, or any other relevant certificate deemed to have been issued under this Annex, the declarant of a declaration of design compliance, or the production organisation referred to in point (b) as appropriate, shall submit the relevant data to the competent authority upon its request.

21L.A.4   Airworthiness directives

When an airworthiness directive has to be issued by the Agency in accordance with point 21L.B.23 to correct an unsafe condition, or to require the performance of an inspection, the holder of the type certificate, supplemental type certificate, major repair design approval, or any other relevant certificate deemed to have been issued under this Annex, as well as the declarant of a declaration of design compliance, as applicable, shall:

• (a) propose the appropriate corrective action or required inspections, or both, and submit details of these proposals to the Agency for approval;

• (b) following the approval by the Agency of the proposals referred to under point (a), make available to all known operators or owners of the product or part, and, on request, to any person required to comply with the airworthiness directive, appropriate descriptive data and accomplishment instructions.

21L.A.5   Collaboration between design and production

The holder of a type certificate, supplemental type certificate, approval of a change to type certificate or approval of a repair design, the declarant of a declaration of design compliance, and the organisation or the natural or legal person producing products or parts of that specific design shall collaborate so as to ensure that the product or part are in conformity to that design and to ensure the continued airworthiness of the product or part.

21L.A.6   Marking

• (a) The holder of a type certificate, supplemental type certificate, approval of a change to type certificate or approval of a repair design, or the declarant of a declaration of design compliance shall specify the marking for products or parts in accordance with Subpart Q of this Annex.

• (b) The organisation or the natural or legal person producing products or parts shall mark these products and parts in accordance with Subpart Q of this Annex.

21L.A.7   Record-keeping

All natural or legal persons who hold or who have applied for a type certificate, supplemental type certificate, repair design approval, or permit to fly, who have declared design compliance, who have issued a declaration of design or production capability, or who produce products or parts under this Regulation shall:

• (a) when designing a product or part or changes or repairs thereto, establish a record-keeping system that incorporates the requirements imposed on its partners and subcontractors and maintain the relevant design information/data and hold it at the disposal of the Agency in order to provide the information necessary to ensure their continued airworthiness and compliance with the applicable environmental protection requirements;

• (b) when producing a product or part, establish a record-keeping system and record the details of the work relevant to the conformity of the products or parts, and the requirements imposed on its partners and suppliers, and hold them at the disposal of the competent authority in order to provide the information necessary to ensure the continuing airworthiness of the product and part;

• (c) with regard to permits to fly, in addition to the record-keeping requirements established in point 21.A.5(c) of Annex I, record any documents produced to demonstrate compliance with the additional requirements established in point 21L.A.241(b), and hold them at the disposal of the Agency and the competent authority;

• (d) retain records of competence and the qualifications of personnel who are involved in design or production and in the independent function to monitor the compliance, if required by points 21L.A.125(c), 21L.A.175(b) or 21L.A.175(e).

21L.A.8   Manuals

The holder of a type certificate or supplemental type certificate or the declarant of a declaration of design compliance shall produce, maintain and update master copies of all the manuals or variations in the manuals required by the applicable type-certification basis, the applicable detailed technical specifications and the applicable environmental protection requirements for the product or part, and provide copies, on request, to the Agency.

21L.A.9   Instructions for continued airworthiness

• (a) The holder of a type certificate, supplemental type certificate, design change or repair design approval or the declarant of a declaration of design compliance shall establish the information which is necessary for ensuring that the airworthiness of the aircraft type and any associated part, conforming to that design, is maintained throughout the operational life.

• (b) The holder of a type certificate, supplemental type certificate, design change or repair design approval or the declarant of a declaration of design compliance shall provide the information established in (a) before that design is released to service.

• (c) The instructions for continued airworthiness shall be provided by:
• 1. the holder of a type certificate or by the declarant of a declaration of design compliance to each known owner of one or more products upon its delivery or upon the issuance of the first certificate of airworthiness or restricted certificate of airworthiness, as applicable, for the affected aircraft, whichever occurs later;
• 1. the holder of a type certificate, supplemental type certificate or minor change approval or by the declarant of a declaration of design compliance for a design change to all known operators of the product affected by the change upon the release to service of the modified product;
• 1. the holder of a repair design approval or by the declarant of a declaration of design compliance for a repair design to all known operators of the product affected by the repair upon the release to service of the product in which the repair design is embodied. The repaired product or part may be released into service before the related instructions for continued airworthiness have been completed, but this shall be for a limited service period, and in agreement with the Agency. Thereafter, these certificate holders or declarants shall make this information available on request to any other person required to comply with those instructions for continued airworthiness.

• (d) By way of derogation from point (b), the type-certificate holder or declarant of a declaration of design compliance may delay the availability of a part of the instructions for continued airworthiness, dealing with long lead accomplishment instructions of a scheduled nature, until after the product or modified product has entered into service, but shall make those instructions available before the use of this data is required for the product or modified product.

• (e) The design approval holder or declarant of a declaration of design compliance who is required to provide instructions for continued airworthiness in accordance with point (b) shall also make available all the changes to those instructions to all the known operators of the product affected by the change, and, on request, to any other person required to comply with those changes.

21L.A.10   Access and investigation

All natural or legal persons who hold or who have applied for a type certificate, supplemental type certificate, major repair design approval, permit to fly, certificate of airworthiness, restricted certificate of airworthiness, noise certificate or restricted noise certificate, who have declared design compliance, who have declared their design or production capability or who produce aircraft, engines, propellers or parts under Subpart R of this Annex, shall:

• (a) grant the competent authority access to any facility, product, part, document, record, data, processes, procedures or any other material, and permit the review of any report and make any inspection and perform or witness any test that is necessary to verify the compliance and the continued compliance with the applicable requirements of this Section;

• (b) if the natural or legal person uses partners, suppliers or subcontractors, make arrangements with them to ensure that the competent authority has access and can investigate as described in point (a).

21L.A.11   Findings and observations

• (a) After the receipt of the notification of findings, the natural or legal person who holds or who has applied for a type certificate, supplemental type certificate, major repair design approval, permit to fly, certificate of airworthiness, restricted certificate of airworthiness, noise certificate or restricted noise certificate, who has declared design compliance, who has declared their design or production capability or who produces aircraft, engines, propellers or parts under Subpart R of this Annex, shall take the following steps within the time period determined by the competent authority in accordance with point (d) or (e) of point 21L.B.21:
• 1. identify the root cause(s) of, and contributing factor(s) to, the non-compliance;
• 1. define a corrective action plan and propose it to the competent authority;
• 1. demonstrate the implementation of the corrective action(s) to the satisfaction of the competent authority.

• (b) An observation notified by the competent authority in accordance with point (f) of point 21L.B.21 shall be given due consideration. The natural or legal person shall record the decision taken in respect of those observations.

21L.A.12   Means of compliance

• (a) A legal or natural person may use any alternative means of compliance to the acceptable means of compliance (AMC) to establish compliance with this Regulation.

• (b) If a natural or legal person wishes to use an alternative means of compliance, they shall, prior to using it, provide the competent authority with a full description. The description shall include any revisions to manuals or procedures that may be relevant, as well as an explanation indicating how compliance with this Regulation is achieved.

• (c) The natural or legal person may use those alternative means of compliance subject to prior approval from the competent authority.

SUBPART B –   TYPE CERTIFICATES

21L.A.21   Scope

This Subpart establishes the procedure for applying for type certificates, and establishes the rights and obligations of the applicants for, and holders of, those certificates for products, when the product is one of the following:

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

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

• (c) a balloon;

• (d) a hot air airship;

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

• (f) a rotorcraft with an MTOM of 1 200 kg or less with a seating configuration of maximum four persons;

• (g) a piston engine and fixed pitch propeller that are intended to be installed on an aircraft referred to in points (a) to (f). In such cases, the type certificate data sheet shall be appropriately annotated to only permit installation of the engine or propeller on such aircraft;

• (h) gyroplanes.

21L.A.22   Eligibility

Any natural or legal person who has demonstrated, or is in the process of demonstrating, their design capability in accordance with point 21L.A.23, may apply for a type certificate under the conditions laid down in this Subpart.

21L.A.23   Demonstration of design capability

An applicant for a type certificate shall demonstrate their design capability by:

• (a) holding a design organisation approval with terms of approval that cover the respective category of the product, issued by the Agency in accordance with Subpart J of Section A of Annex I (Part 21); or

• (b) declaring their design capability for the type of design work and the category of the product in accordance with Subpart J of this Annex.

21L.A.24   Application for a type certificate

• (a) An application for a type certificate shall be made in a form and manner established by the Agency.

• (b) An application for a type certificate shall include as a minimum:
• 1. a justification that the application is within the scope as established in point 21L.A.21;
• 1. preliminary descriptive data of the product, the intended use, and the kind of operation of the product for which certification is requested;
• 1. a proposal for the type-certification basis and the applicable environmental protection requirements, prepared in accordance with the requirements and options specified in points 21L.B.43 and 21L.B.45;
• 1. a compliance demonstration plan detailing the means and methods of compliance that shall be updated by the applicant when there are changes to the certification project that affect points (1) to (3) or any changes to the means and methods of compliance.

• (c) An application for a type certificate shall remain valid for 3 years. In case a type certificate has not been issued within this period, a new application shall be made in accordance with points (a) and (b).

21L.A.25   Demonstration of compliance

• (a) The applicant for a type certificate shall, following the acceptance of the compliance demonstration plan by the Agency and in accordance with its contents, then:
• 1. demonstrate compliance with the applicable type-certification basis as established and notified to the applicant by the Agency in accordance with point 21L.B.43;
• 1. demonstrate compliance with the applicable environmental protection requirements as established and notified to the applicant by the Agency in accordance with point 21L.B.45; and
• 1. provide the Agency with the means by which such compliance has been demonstrated.

• (b) The applicant for a type certificate shall provide the Agency with a recorded justification of the means of compliance within compliance documents according to the compliance demonstration plan.

• (c) When carrying out testing and inspections to demonstrate compliance in accordance with point (a), the applicant shall have verified and documented this verification prior to carrying out any test:
• 1. for each test specimen, that:
• (i) the materials and processes adequately conform to the specifications for the proposed type design;
• (ii) the constituent parts of the products adequately conform to the drawings in the proposed type design;
• (iii) the manufacturing processes, construction and assembly adequately conform to those specified in the proposed type design; and
• 1. that the test and measuring equipment used for the test were adequate for the test and appropriately calibrated.

• (d) The flight testing for the purpose of obtaining a type certificate shall be conducted in accordance with the methods for such flight testing specified by the Agency. The applicant for a type certificate shall make all the flight tests necessary to determine compliance with the applicable type-certification basis. The flight tests shall include a period of operation in a final configuration of a sufficient duration to ensure that there will be no safety issues when the aircraft first enters service.

• (e) An applicant for a type certificate shall allow the Agency to:
• 1. review any data and information related to the demonstration of compliance;
• 1. witness or carry out any test or inspection conducted for the purpose of the demonstration of compliance;
• 1. conduct a physical inspection of the first article of that product in the final configuration to verify the compliance of the design with the type-certification basis and the applicable environmental protection requirements and any other investigation determined in accordance with point 21L.B.46.

• (f) Upon the completion of the compliance demonstration, the applicant shall declare to the Agency that:
• 1. they have demonstrated compliance with the type-certification basis and the applicable environmental protection requirements as established and notified to the applicant by the Agency in accordance with points 21L.B.43 and 21L.B.45, according to the compliance demonstration plan; and
• 1. no feature or characteristic has been identified that may make the product unsafe or environmentally incompatible for the uses for which certification is requested.

21L.A.26   Type design

The applicant for a type certificate shall define the product type design to enable its unique and unambiguous identification, consisting of:

• (a) drawings and specifications and a listing of those drawings and specifications that are necessary to define the configuration and the design features of the product;

• (b) information on the materials and processes used;

• (c) information on the methods of manufacture and assembly;

• (d) any airworthiness limitations;

• (e) the environmental compatibility requirements; and

• (f) any other data allowing by comparison the determination of the airworthiness, and, if relevant, the environmental compatibility of later products of the same type.

21L.A.27   Requirements for the issuance of a type certificate

In order to be issued with a type certificate, the applicant shall:

• (a) demonstrate their design capability in accordance with point 21L.A.23;

• (b) demonstrate the compliance of the design in accordance with point 21L.A.25;

• (c) demonstrate, for aircraft type certificates, that the engine or propeller, or both, if installed on the aircraft, have either:
• 1. a type certificate issued or determined in accordance with Annex I (Part 21) or issued in accordance with this Annex; or
• 1. been included within the application for the aircraft type certificate and the applicant has ensured the compliance of the engine and propeller during the compliance demonstration in point 21L.A.25;

• (d) demonstrate that there are no unresolved issues from the physical inspection of the first article of that product in the final configuration or any other investigation carried out by the Agency in accordance with points (c) and (d) of point 21L.B.46.

21L.A.28   Obligations of a type-certificate holder

The holder of a type certificate shall undertake the obligations of a type-certificate holder set forth in Subpart A of this Annex and shall continue to comply with the eligibility requirement under point 21L.A.22.

21L.A.29   Transferability of a type certificate

A type certificate may be transferred to a new holder, provided that the Agency has verified, in accordance with point 21L.B.49, that the natural or legal person to whom the type certificate is intended to be transferred is eligible in accordance with point 21L.A.22 to hold a type certificate and is able to undertake the obligations of a type-certificate holder under point 21L.A.28. The holder of the type certificate or the natural or legal person who wishes to adopt the certificate shall apply to the Agency to verify whether these conditions are complied with, in a form and manner established by the Agency.

21L.A.30   Continued validity of a type certificate

• (a) A type certificate shall remain valid as long as:
• 1. the type certificate is not surrendered by the holder;
• 1. the holder of the type certificate remains in compliance with the relevant requirements of Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof, taking into account the provisions related to the handling of findings as specified under point 21L.B.21;
• 1. the type certificate is not revoked by the Agency in accordance with point 21L.B.22.

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

SUBPART C –   DECLARATIONS OF AIRCRAFT DESIGN COMPLIANCE

21L.A.41   Scope

• (a) This Subpart establishes the procedure for declaring the design compliance of aircraft, and establishes the rights and obligations of the persons making such declarations.

• (b) This Subpart applies to the following categories of aircraft, provided that the design of the aircraft does not include novel or unusual design features:
• 1. an aeroplane with a maximum take-off mass (MTOM) of 1 200 kg or less that is not jet-powered, and has a seating configuration of maximum two persons;
• 1. a sailplane or powered sailplane with an MTOM of 1 200 kg or less;
• 1. a balloon designed for not more than four persons;
• 1. a hot air airship designed for not more than four persons.

• (c) For the purpose of this Subpart, a design feature shall be considered to be novel or unusual if at the time that the declaration of design compliance is made, that design feature is not covered by the detailed technical specifications established and made available by the Agency in accordance with point 21L.B.61.

21L.A.42   Eligibility

Any natural or legal person may declare the compliance of an aircraft design under the conditions laid down in this Subpart.

21L.A.43   Declaration of design compliance

• (a) Prior to producing an aircraft or agreeing with a production organisation to produce an aircraft, a natural or legal person who designs that aircraft shall declare that its design complies with the applicable detailed technical specifications and the applicable environmental protection requirements referred to in point 21L.A.45.

• (b) The declaration shall be made in a form and manner established by the Agency and shall contain at least the following information:
• 1. the name of the person submitting the declaration, and their address/place of business;
• 1. a unique reference for identifying the aircraft;
• 1. indication of the applicable detailed technical specifications and the applicable environmental protection requirements according to point 21L.A.45 with which the declarant declares compliance;
• 1. a signed statement made under the sole responsibility of the person making the declaration that the design of the aircraft, and if applicable the engine or propeller, is in compliance with the applicable detailed technical specifications and the applicable environmental protection requirements referred to in point 3, according to the compliance demonstration plan referred to in point (c)(3);
• 1. a signed statement made under the sole responsibility of the person making the declaration that no features or characteristics have been identified by that person that may make the aircraft unsafe or environmentally incompatible for the intended use;
• 1. a signed commitment that the person making the declaration will undertake the obligations referred to in point 21L.A.47;
• 1. if the aircraft design covered by the declaration includes an engine or propeller:
• (i) a reference to the engine or propeller type certificate issued or determined in accordance with Annex I (Part 21) or issued in accordance with this Annex; or
• (ii) in the case of piston engines and fixed pitch propellers, a statement that the declaration of design compliance of the aircraft covers the compliance of the engine or propeller with the applicable engine or propeller technical specifications;
• 1. the instructions for continued airworthiness;
• 1. the operating limitations;
• 1. the data sheet for airworthiness and, if applicable, emissions;
• 1. the data sheet for noise, if applicable;
• 1. any other conditions or limitations prescribed for the aircraft, and if applicable the engine or propeller, in the applicable detailed technical specifications and the applicable environmental protection requirements with which the declarant declares compliance.

• (c) The declarant shall submit the declaration of design compliance referred to in point (b) to the Agency. Together with this declaration, the declarant shall provide to the Agency:
• 1. a drawing of the aircraft;
• 1. a detailed description of the aircraft design, including all the configurations covered by the declaration, the operating characteristics, design features and any limitations;
• 1. a compliance demonstration plan detailing the means by which compliance with the applicable detailed technical specifications and the applicable environmental protection requirements has been demonstrated during compliance demonstration;
• 1. recorded justifications of compliance obtained from the compliance activities that have been conducted according to the compliance demonstration plan;
• 1. where compliance is demonstrated by carrying out tests, recorded justification of the conformity of the test articles and equipment, demonstrating:
• (i) for the test specimen, that:
• (A) the materials and processes adequately conformed to the specifications for the design;
• (B) the constituent parts of the products adequately conformed to the drawings in the design; and
• (C) the manufacturing processes, construction and assembly adequately conformed to those specified in the design;
• (ii) that the test and measuring equipment used for the test were adequate for the test and appropriately calibrated;
• 1. reports, results of inspections or tests that the declarant found necessary to determine that the aircraft, and if applicable the engine or propeller, complies with the applicable detailed technical specifications and the applicable environmental protection requirements.

21L.A.44   Compliance activities for a declaration of design compliance

Prior to making a declaration of design compliance in accordance with point 21L.A.43, the declarant responsible for design of that aircraft shall, for that specific aircraft design:

• (a) establish a compliance demonstration plan detailing the means for compliance demonstration that shall be followed during the compliance demonstration. This document shall be updated as necessary;

• (b) record the justification of compliance within compliance documents according to the compliance demonstration plan;

• (c) perform testing and inspections as necessary in accordance with the compliance demonstration plan;

• (d) ensure and record the conformity of the test articles and equipment and ensure that the test specimen conforms to the specifications, drawings, manufacturing processes, construction and assembly means in the design;

• (e) ensure that the test and measuring equipment to be used for testing are adequate for testing and appropriately calibrated;

• (f) allow the Agency to conduct or participate in any inspections or tests of aircraft in the final or suitably mature design and production configuration that are necessary to determine that the product has no feature or characteristic that makes the aircraft unsafe or environmentally incompatible for the intended use;

• (g) carry out flight testing, in accordance with the methods for such flight testing specified by the Agency, to determine whether the aircraft complies with the applicable detailed technical specifications and the applicable environmental protection requirements. The flight testing shall include a period of operation in the final configuration of a sufficient duration to ensure that there will be no safety issues when the aircraft first enters service.

21L.A.45   Detailed technical specifications and environmental protection requirements that are applicable to aircraft subject to declarations of design compliance

The declarant shall demonstrate the compliance of the aircraft design with the detailed technical specifications and the applicable environmental protection requirements referred to in point 21L.B.61, which are applicable to that aircraft and which are effective on the date on which the declaration of design compliance is made to the Agency.

21L.A.46   Aircraft design data

• (a) The declarant shall clearly define the aircraft design to enable its unique and unambiguous identification.

• (b) The aircraft design data that is used by the declarant to uniquely define the aircraft design shall include:
• 1. the drawings and specifications and a listing of those drawings and specifications that are necessary to define the configuration and the design features of the product;
• 1. information on the materials and processes used;
• 1. information on the methods of manufacture and assembly;
• 1. any airworthiness limitations;
• 1. any environmental compatibility requirements; and
• 1. any other data allowing by comparison the determination of the airworthiness and, if relevant, the environmental compatibility of later products of the same type.

21L.A.47   Obligations of the declarant of a declaration of design compliance

The declarant who made a declaration of aircraft design compliance to the Agency in accordance with point 21L.A.43 shall:

• (a) upon submission of the declaration, arrange for the Agency to conduct a physical inspection and flight tests of the first article of that aircraft in the final or a suitably mature configuration to ensure that the aircraft can achieve an acceptable level of safety and is environmentally compatible;

• (b) retain all the supporting documents for the declaration of design compliance, and make them available to the Agency upon request;

• (c) comply with all other obligations applicable to a declarant of a declaration of design compliance set forth in Subpart A of this Annex.

21L.A.48   Non-transferability of a declaration of aircraft design compliance

• (a) A declaration of aircraft design compliance cannot be transferred.

• (b) A natural or legal person who is taking over the design of an aircraft for which compliance of the design has been previously declared shall:
• 1. submit a new declaration of aircraft design compliance in accordance with this Subpart;
• 1. demonstrate that the declarant who previously made a declaration of aircraft design compliance is no longer active or has agreed to the transfer of the aircraft design data;
• 1. commit to comply with all the obligations applicable to persons making a declaration of aircraft design compliance set forth in this Subpart as per point 21L.A.47.

SUBPART D –   CHANGES TO TYPE CERTIFICATES

21L.A.61   Scope

This Subpart establishes:

• (a) the procedure for applying for the approval of changes to type certificates for products certified in accordance with this Annex, provided that the changed product is still within the scope of point 21L.A.21;

• (b) the rights and obligations of the applicants for, and holders of, those approvals referred to in point (a);

• (c) provisions regarding the standard changes that do not require an approval.

21L.A.62   Standard changes

• (a) Standard changes are those changes to a type certificate of a product approved in accordance with Subpart B of Section B of this Annex:
• 1. that follow the design data included in the certification specifications issued by the Agency, containing the acceptable methods, techniques and practices for carrying out and identifying standard changes, including the associated instructions for continued airworthiness; and
• 1. that are not in conflict with the data of the holder of that type certificate.