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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
  • (a) The Agency shall issue without undue delay an aircraft, engine or propeller type certificate, provided that:
    1. the applicant has complied with point 21L.A.27;
    1. the Agency, through the investigation carried out pursuant to point 21L.B.46, has not found any non-compliance with the type-certification basis or with the applicable environmental protection requirements;
    1. there are no unresolved issues from the investigation carried out pursuant to point (c) of point 21L.B.46 of that product in the final configuration;
    1. no feature or characteristic has been identified that may make the product unsafe or environmentally incompatible for the uses for which the certification is requested.
  • (b) The type certificate shall include:
    1. the type design;
    1. the operating limitations;
    1. the instructions for continued airworthiness;
    1. the type certificate data sheet for airworthiness and, if applicable, the record of engine exhaust emissions compliance;
    1. the applicable type-certification basis and the applicable environmental protection requirements with which the Agency records compliance;
    1. if applicable, the type certificate data sheet for noise; and
    1. any other conditions or limitations prescribed for the product in the applicable type-certification basis and the applicable environmental protection requirements.
21L.B.48   Continuing airworthiness oversight of products for which a type certificate has been issued

If the Agency, through its continuing airworthiness oversight, including through reports received in accordance with point 21L.A.3, or by any other means, detects a non-compliance with the type-certification basis or the applicable environmental protection requirements, the Agency shall raise a finding in accordance with point 21L.B.21, or issue an airworthiness directive under the conditions of point 21L.B.23.

21L.B.49   Transfer of a type certificate
  • (a) When the Agency receives an application for verification of whether a type certificate can be transferred by its holder in accordance with point 21L.A.29 or when the Agency considers a request to adopt a type certificate in accordance with point 21L.A.29, the Agency shall verify corresponding to points 21L.B.42 and 21L.B.46 whether the transferee is eligible to be a type-certificate holder in accordance with point 21L.A.22 and is able to undertake the obligations of a type-certificate holder under point 21L.A.28.
  • (b) When the Agency concludes that the conditions referred to in point (a) are met by the transferee, it shall inform the type-certificate holder or the natural or legal person requesting to adopt a type certificate that a transfer of the type certificate to that natural or legal person is accepted by the Agency.

SUBPART C –   DECLARATIONS OF DESIGN COMPLIANCE

21L.B.61   Detailed technical specifications and applicable environmental protection requirements for declarations of product design compliance
  • (a) The Agency, in accordance with Article 76(3) of Regulation (EU) 2018/1139, shall establish and make available the detailed technical specifications that natural and legal persons can use to demonstrate compliance with the relevant essential requirements set out in Annex II to that Regulation when declaring compliance of the aircraft design in accordance with Subpart C of Section A of this Annex.
  • (b) The detailed technical specifications referred to in point (a) shall provide design standards which reflect the state of the art and best design practices, and which build on the best available experience and scientific and technical progress, and on the best available evidence and analysis of aircraft design, for aircraft that are within the scope established under point 21L.A.41. These detailed technical specifications may include or refer to:
    1. certification specifications established by the Agency in accordance with point 21.B.70 of Annex I (Part 21) for the airworthiness of the aircraft design;
    1. special conditions that have been prescribed by the Agency in accordance with point 21.B.75 of Annex I (Part 21) or point 21L.B.44 for other aircraft and which are of a general nature;
    1. detailed technical standards developed by standardisation and other industry bodies.
  • (c) For the purposes of ensuring the environmental compatibility of the design, the Agency shall establish and make available the environmental protection requirements to be used as the basis for the declaration of design compliance, which shall include:
    1. environmental protection requirements for the relevant product categories as contained in Annex 16 to the Convention on International Civil Aviation, Volumes I to III, at an amendment level referred to in Article 9(2) of Regulation (EU) 2018/1139; for this purpose, the references to:
  • (i) the date of application for a type certificate contained in those volumes shall be understood as references to the date on which the declaration of design compliance is made by the declarant; and
  • (ii) the certification requirements contained in those volumes shall be understood as requirements for the declaration of design compliance.
    1. [reserved]
21L.B.62   Initial oversight investigation
  • (a) Upon receiving a declaration of design compliance, the Agency shall verify that the aircraft is within the scope of Subpart C of Section A of this Annex and that the declaration contains all the information specified in point 21L.A.43. The Agency shall acknowledge the receipt of the declaration, including the assignment of an individual declaration of design compliance reference number to the declarant for that aircraft configuration.
  • (b) The Agency shall conduct a physical inspection and assessment of the first article of that aircraft in the final configuration, taking into consideration the safety review carried out in accordance with point (a)(2) of point 21L.B.242. If the Agency finds evidence, in the declaration or through the physical inspection and assessment carried out in accordance with the first sentence, indicating that the aircraft could be incapable of conducting a safe flight or could be environmentally incompatible during in-service operations, the Agency shall raise a finding in accordance with point 21L.B.21.
21L.B.63   Registration of a declaration of design compliance

The Agency shall register a declaration of design compliance for an aircraft provided that:

  • (a) the declarant has declared compliance in accordance with point (a) of point 21L.A.43;
  • (b) the declarant has provided to the Agency the documents required in accordance with point (c) of point 21L.A.43;
  • (c) the declarant has made a commitment that the obligations in accordance with point 21L.A.47 will be undertaken;
  • (d) there are no unresolved findings from the physical inspection and assessment of the first article of the aircraft in the final configuration carried out in accordance with point (b) of point 21L.B.62.
21L.B.64   Continuing airworthiness oversight of aircraft for which design compliance has been declared

If the Agency, through its continuing airworthiness oversight, including through reports received in accordance with point 21L.A.3, or by any other means, detects a non-compliance with the applicable detailed technical specifications or the applicable environmental protection requirements, the Agency shall raise a finding in accordance with point 21L.B.21, or issue an airworthiness directive under the conditions of point 21L.B.23.

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
  • (a) The Agency shall establish the type-certification basis for a major change to a type certificate and notify it to the applicant.
  • (b) For a major change to a type certificate and the areas affected by the change, the type-certification basis shall consist of the certification specifications incorporated by reference in the type certificate, unless:
    1. the Agency finds that the certification specifications referenced in the type certificate do not provide adequate standards with respect to the proposed change, therefore the change and the areas affected by the change shall also comply with any special conditions, and amendments to those special conditions, prescribed by the Agency in accordance with point 21L.B.44, to provide a level of safety equivalent to that established by the certification specifications applicable on the date of the application for the change;
    1. an applicant chooses to comply with a certification specification set out in an amendment that is applicable on the date of the application for the change.
  • (c) The Agency shall designate the applicable environmental protection requirements for the major change to a type certificate in accordance with point 21.B.85 of Annex I (Part 21) and notify them to the applicant.
21L.B.82   Investigation and issuance of an approval of a minor change to a type certificate
  • (a) Upon receiving an application for the approval of a minor change to a type certificate under this Annex, the Agency shall approve the minor change when:
    1. the applicant has provided the substantiation data and justifications, and has demonstrated and declared the compliance of the change with the applicable type-certification basis and the applicable environmental protection requirements, or with the certification specifications chosen in accordance with point 21L.A.67;
    1. the Agency, through its verification of the demonstration of compliance, taking into account the design features, complexity and overall criticality of the design or technology, as well as previous experience of design activities with the applicant, has not found:
  • (i) any non-compliances with the type-certification basis or, where applicable, with the applicable environmental protection requirements, or with the certification specifications chosen;
  • (ii) any feature or characteristic of the change that may make the changed product unsafe or environmentally incompatible for the uses for which certification is requested.
  • (b) An approval of a minor change to a type certificate shall be limited to the specific configuration(s) in the type certificate to which the change relates.
21L.B.83   Investigation of a major change to a type certificate

Upon receiving an application for a major change to a type certificate under this Annex, the Agency shall:

  • (a) conduct a review of the initial compliance demonstration plan and any subsequent update provided by the applicant in order to establish the completeness of the plan and the appropriateness of the proposed means and methods of demonstrating compliance with the type-certification basis and the applicable environmental protection requirements established and designated in accordance with point 21L.B.81; if the compliance demonstration plan is incomplete or the means and methods are not appropriate to achieve compliance demonstration, the Agency shall inform the applicant and request an amendment of it;
  • (b) when satisfied that the compliance demonstration plan provided is appropriate so that the applicant can demonstrate compliance, approve the compliance demonstration plan and also approve any subsequent updates of the compliance demonstration plan;
  • (c) determine the likelihood of an unidentified non-compliance of the major change with the type-certification basis or with the applicable environmental protection requirements, and the potential impact of that non-compliance on the safety or environmental compatibility of the product, and determine on that basis whether a physical inspection and assessment of the first article of that product in the final changed configuration is necessary in order to verify the compliance of the product with the applicable type-certification basis and the applicable environmental protection requirements, taking into consideration the critical design review if carried out in accordance with point (a)(3) of point 21L.B.242; the Agency shall notify the applicant before conducting this inspection and assessment;
  • (d) if during the establishment of the type-certification basis, the designation of the applicable environmental protection requirements or during the review of the compliance demonstration plan, the Agency determines that the design of the major change contains any element for which an unidentified non-compliance with the type-certification basis or the applicable environmental protection requirements may have an adverse impact on the safety or environmental compatibility of the changed product, the Agency shall determine which investigations are necessary in addition to those of point (c) in order to verify the compliance demonstration; the Agency shall notify the applicant of those additional investigations and which elements of the design would be subject to investigation.
21L.B.84   Issuance of an approval of a major change to a type certificate
  • (a) The Agency shall approve the major change when:
    1. the applicant has demonstrated that the change and the areas affected by the change comply with the type-certification basis and the applicable environmental protection requirements, as established and designated by the Agency in accordance with point 21L.B.81;
    1. the applicant has demonstrated and declared compliance in accordance with point (f) of point 21L.A.66;
    1. the Agency through its verification of the demonstration of compliance has not found:
  • (i) any non-compliances with the type-certification basis or, where applicable, with the applicable environmental protection requirements;
  • (ii) any feature or characteristic of the change that may make the changed product unsafe or environmentally incompatible for the uses for which certification is requested.
  • (b) An approval of a major change to a type certificate shall be limited to the specific configuration(s) in the type certificate to which the change relates.
21L.B.85   Continuing airworthiness oversight of changed products for which a type certificate has been issued

If the Agency, through its continuing airworthiness oversight, including through reports received in accordance with point 21L.A.3, or by any other means, detects a non-compliance with the type-certification basis or the applicable environmental protection requirements of a product for which a change to a type certificate has been approved, the Agency shall raise a finding in accordance with point 21L.B.21, or issue an airworthiness directive under the conditions of point 21L.B.23.

SUBPART E –   SUPPLEMENTAL TYPE CERTIFICATES

21L.B.101   Type-certification basis and applicable environmental protection requirements for a supplemental type certificate
  • (a) The Agency shall establish the type-certification basis for a supplemental type certificate and notify it to the applicant.
  • (b) For major changes to a type certificate in the form of a supplemental type certificate, the type-certification basis for the areas affected by the change shall be that which is incorporated by reference in the type certificate, unless:
    1. the Agency finds that the certification specifications referenced in the type certificate do not provide adequate standards with respect to the proposed change, therefore the change and the areas affected by the change shall also comply with any special conditions, and amendments to those special conditions, prescribed by the Agency in accordance with point 21L.B.44, to provide a level of safety equivalent to that established by the certification specifications applicable on the date of the application for the change;
    1. an applicant chooses to comply with a certification specification set out in an amendment that is applicable on the date of the application for the change.
  • (c) The Agency shall designate the applicable environmental protection requirements for a major change to a type certificate in accordance with point 21.A.85 of Annex I (Part 21) and notify them to the applicant.
21L.B.102   Investigation

Upon receiving an application for a supplemental type certificate under this Annex, the Agency shall:

  • (a) conduct a review of the initial compliance demonstration plan and any subsequent update provided by the applicant in order to establish the completeness of the plan and the appropriateness of the proposed means and methods of demonstrating compliance with the type-certification basis and the applicable environmental protection requirements established and designated in accordance with point 21L.B.101; if the compliance demonstration plan is incomplete or the means and methods are not appropriate to achieve compliance demonstration, the Agency shall inform the applicant and request an amendment of it;
  • (b) when satisfied that the compliance demonstration plan provided is appropriate so that the applicant can demonstrate compliance, approve the compliance demonstration plan and any subsequent updates of the compliance demonstration plan;
  • (c) determine the likelihood of an unidentified non-compliance of the major change with the type-certification basis or the applicable environmental protection requirements, and the potential impact of that non-compliance on the safety or environmental compatibility of the product, and determine on that basis whether a physical inspection and assessment of the first article of that product in the final changed configuration is necessary in order to verify the compliance of the product with the applicable type-certification basis and the applicable environmental protection requirements, taking into consideration the critical design review if carried out in accordance with point (a) of point 21L.B.242; the Agency shall notify the applicant before conducting this inspection and assessment;
  • (d) if during the establishment of the type-certification basis, the designation of the applicable environmental protection requirements or during the review of the compliance demonstration plan, the Agency determines that the major change to the design contains any element for which an unidentified non-compliance with the type-certification basis or the applicable environmental protection requirements may have an adverse impact on the safety or environmental compatibility of the changed product, the Agency shall determine which investigations are necessary in addition to those of point (c) in order to verify the compliance demonstration; the Agency shall notify the applicant of those additional investigations and which elements of the design would be subject to this investigation.
21L.B.103   Issuance of a supplemental type certificate
  • (a) Upon receiving an application for a supplemental type certificate under this Annex, the Agency shall issue a supplemental type certificate when:
    1. the applicant has demonstrated that the change and the areas affected by the change comply with the type-certification basis and the applicable environmental protection requirements, as established and designated by the Agency in accordance with point 21L.B.101;
    1. the applicant has demonstrated and declared compliance in accordance with point (f) of point 21L.A.85;
    1. the owner of the type-certificate data, if the applicant has specified in accordance with point (b)(2) of 21L.A.84 that the certification data has been provided on the basis of an arrangement with the owner of the type-certificate data, has:
  • (i) no technical objection to the information submitted under point (a)(2) of point 21L.B.103; and
  • (ii) agreed to collaborate with the holder of the repair design approval to discharge all the obligations for the continued airworthiness of the product with the repair design through compliance with point 21L.A.88;
    1. the Agency, through its verification of the demonstration of compliance, has not found:
  • (i) any non-compliances with the type-certification basis or, where applicable, the applicable environmental protection requirements;
  • (ii) any feature or characteristic of the change that may make the changed product unsafe or environmentally incompatible for the uses for which certification is requested.
  • (b) A supplemental type certificate shall be limited to the specific configuration(s) in the type certificate to which the related major change relates.
21L.B.104   Continuing airworthiness oversight of products for which a supplemental type certificate has been issued

If the Agency, through its continuing airworthiness oversight, including through reports received in accordance with point 21L.A.3, or by any other means, detects a non-compliance with the type-certification basis or the applicable environmental protection requirements of a product for which a supplemental type certificate has been issued, the Agency shall raise a finding in accordance with point 21L.B.21, or issue an airworthiness directive under the conditions of point 21L.B.23.

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
  • (a) Upon receiving a declaration of design compliance for a major change to the design of an aircraft for which design compliance has been declared, the Agency shall verify that the change is within the scope of point 21L.A.101 and that the declaration contains all the information specified in point 21L.A.107. The Agency shall acknowledge the receipt of the declaration, including the assignment of an individual declaration of design compliance reference number to the declarant.
  • (b) The Agency shall assess, based upon the risk of a non-compliance leading to a design that is not capable of safe flight or being environmentally incompatible, whether a physical inspection and assessment of the changed product is needed, and subsequently inform the declarant if that is the case. This assessment of the risk shall take into consideration:
    1. the complexity of the major change and the overall effect on the aircraft structures, flight characteristics and systems;
    1. previous experience of physical inspections of aircraft and major changes that have been designed by the declarant;
    1. the response by the declarant to any previous findings that have been raised for non-compliances for the specific aircraft or similar aircraft designed by the declarant that have also been subject to a declaration of design compliance.
  • (c) If the Agency finds evidence in the declaration, or through the physical inspection and assessment if carried out in accordance with point (b) of point 21L.B.121, indicating that the changed aircraft could be incapable of conducting a safe flight or could be environmentally incompatible during in-service operations, the Agency shall raise a finding in accordance with point 21L.B.21.
21L.B.122   Registration of a declaration of design compliance for a major change to an aircraft design
  • (a) The Agency shall register a declaration of design compliance for a major change to the design of an aircraft for which design compliance has been declared, provided that:
    1. the declarant has declared compliance in accordance with point (a) of point 21L.A.107;
    1. the declarant has provided to the Agency the documents required in accordance with point (d) of point 21L.A.107;
    1. the declarant has made a commitment that the obligations in accordance with point 21L.A.47 will also be undertaken in respect of the changed aircraft design;
    1. there are no unresolved issues from the physical inspection, if carried out in accordance with point (b) of point 21L.B.121.
  • (b) The Agency shall only register a declaration of a major change to the design of an aircraft for which design compliance has been declared if it is limited to the specific configuration(s) in the registered declaration of design compliance to which the change relates.
21L.B.123   Continuing airworthiness oversight of a changed aircraft for which design compliance has been declared

If the Agency, through its continuing airworthiness oversight, including through reports received in accordance with point 21L.A.3, or by any other means, detects a non-compliance with the applicable detailed technical specifications or the applicable environmental protection requirements of a change for which design compliance has been declared, the Agency shall act in accordance with point 21L.B.64.

SUBPART G – DECLARED PRODUCTION ORGANISATIONS

21L.B.141   Initial oversight investigation
  • (a) Upon receiving a declaration from an organisation declaring their production capability, the competent authority shall verify that:
    1. the declarant is eligible to declare their production capability in accordance with point 21L.A.122;
    1. the declaration contains all the information specified in point (c) of point 21L.A.123; and
    1. the declaration does not contain information that indicates a non-compliance with the requirements of Subpart G of Section A of this Annex.
  • (b) The competent authority shall acknowledge the receipt of the declaration, including the assignment of an individual declared production organisation reference number to the declarant.
21L.B.142   Registration of a declaration of production capability

The competent authority shall register the declaration of production capability on a suitable database, including the declared scope of work, provided that:

  • (a) the declarant has declared their capability in accordance with point 21L.A.123;
  • (b) the declarant has made a commitment that the obligations in accordance with point 21L.A.127 will be undertaken;
  • (c) there are no unresolved issues in accordance with point 21L.B.141.
21L.B.143   Oversight
  • (a) The competent authority shall oversee the declared production organisation in order to verify the continuous compliance of the declared production organisation with the applicable requirements of Section A and the implementation of safety measures mandated according to points (c) and (d) of point 21L.B.15.
  • (b) The oversight shall include a first article inspection of every new aircraft, engine, propeller or part design that is produced for the first time and, as determined by the oversight programme in accordance with point 21L.B.144, inspections of further produced aircraft, engines, propellers and parts that are produced by the declared production organisation.
21L.B.144   Oversight programme
  • (a) The competent authority shall establish and maintain an oversight programme in order to ensure compliance with point 21L.B.143. This oversight programme shall take into account the specific nature of the organisation, the complexity of its activities and 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 and parts that are under 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 they both remain informed of any significant issues.
  • (b) 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.
  • (c) An oversight planning cycle that does not exceed 24 months shall be applied.
  • (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 point 21L.A.128 and that it has full control over all changes to the management system for production;
    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 21L.B.21.
  • (e) 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 point (d), 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.
  • (f) The oversight planning cycle may be reduced if there is evidence that the safety performance of the organisation has decreased.
  • (g) At the completion of each oversight planning cycle, the competent authority shall issue a recommendation report on the continuation of the activities conducted by the declared production organisation based on its declaration of production capability, reflecting the results of the oversight.
21L.B.145   Oversight activities
  • (a) When the competent authority verifies the compliance of the declared production organisation in accordance with point 21L.B.143 and the oversight programme established in accordance with point 21L.B.144, it shall:
    1. provide the personnel responsible for oversight with guidance to perform their functions;
    1. conduct assessments, audits, inspections, and, if needed, unannounced inspections;
    1. collect the evidence needed in case further action is required, including the measures provided for in points 21L.B.21 and 21L.B.22;
    1. inform the declared production organisation about the results of the oversight activities.
  • (b) If the facilities of the declared production organisation are located in more than one State, the competent authority identified in point 21L.2 may agree to have oversight tasks performed by the competent authority(ies) of the Member State(s) where other facilities are located, or by the Agency for facilities that are located in a non-Member State. Any declared production organisation that is subject to such an agreement shall be informed of its existence and of its scope.
  • (c) For any oversight activities that are performed by the competent authority at facilities located in a Member State other than where the organisation has its principal place of business, the competent authority shall inform the competent authority of that Member State before performing any on-site audit or inspection of the facilities.
  • (d) The competent authority shall collect and process any information deemed necessary for conducting oversight activities.
  • (e) If the competent authority detects a non-compliance of the declared production organisation with the applicable requirements of Section A and the implementation of safety measures mandated according to points (c) and (d) of point 21L.B.15, the competent authority shall act in accordance with points 21L.B.21 and 21L.B.22.
21L.B.146   Changes to declarations
  • (a) Upon receiving a notification of changes in accordance with point 21L.A.128, the competent authority shall verify the completeness of the notification in accordance with point 21L.B.141.
  • (b) The competent authority shall update its oversight programme established according to point 21L.B.144 and investigate whether it is necessary to establish any conditions under which the organisation may operate during the change.
  • (c) When the change affects any aspect of the declaration that is registered in accordance with point 21L.B.142, the competent authority shall update the register.
  • (d) Upon completion of the activities required by points (a) to (c), the competent authority shall acknowledge the receipt of the notification to the declared production organisation.

SUBPART H – CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS

21L.B.161   Investigation
  • (a) 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 21L.A.143(h).
  • (b) Upon receiving an application for a certificate of airworthiness or a restricted certificate of airworthiness, the competent authority of the Member State of registry shall verify whether the aircraft is within the scope established in point 21L.A.141.
  • (c) Except for the issuance of an airworthiness certificate as described in point 21L.B.162(c)(1), 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. When conducting investigations related to the issuance of a certificate of airworthiness or a restricted certificate of airworthiness for a newly produced aircraft, the competent authority of the Member State of registry shall evaluate the need to conduct a physical inspection of the aircraft to ensure the conformity and safety of flight of the aircraft prior to the issuance of a certificate of airworthiness or a restricted certificate of airworthiness. This evaluation shall take into account:
    1. the results of the physical inspection of the first article of that product in the final configuration, conducted in accordance with point 21L.B.143(b) or point 21L.B.251(b) by the competent authority of the Member State of registry, or by the competent authority overseeing the organisation or the natural or legal person that produced this aircraft, if different;
    1. the time period since the last physical inspection conducted by the competent authority of the Member State of registry of an aircraft produced by the organisation, or the natural or legal person that produced that aircraft;
    1. the results of the oversight conducted under Section B, Subpart G, of this Annex or under Section B, Subpart G, of Annex I (Part 21) of the organisation issuing the statement of conformity for the aircraft, or the verification conducted under Section A, Subpart R, of this Annex of other statements of conformity (EASA Form 52B) or authorised release certificates (EASA Form 1) that were issued by the same signatory;
    1. the time period since the last oversight visit of the organisation in accordance with Section B, Subpart G, of this Annex, or Section B, Subpart G, of Annex I (Part 21), or since the last verification conducted under Section A, Subpart R, of this Annex of a statement of conformity (EASA Form 52B) or authorised release certificate (EASA Form 1) issued by the same signatory.
21L.B.162   Issuance or amendment of a certificate of airworthiness or a restricted certificate of airworthiness
  • (a) The competent authority of the Member State of registry shall issue or amend a certificate of airworthiness (EASA Form 25, see Appendix VI to Annex I (Part 21)) without undue delay when the applicant has provided the documentation required by point 21L.A.143 and complies with the obligations in point 21L.A.144, and when it is satisfied:
    1. for new aircraft, that the aircraft, and its engine and propeller if applicable, conforms to a design approved in accordance with Subpart B of this Annex and is in a condition for safe operation;
    1. for used aircraft, that:
  • (i) the aircraft, and its engine and propeller if applicable, conforms to a type design approved in accordance with Subpart B of this Annex and any supplemental type certificate, change or repair approved in accordance with Subpart D, E or M of this Annex;
  • (ii) the applicable airworthiness directives have been complied with; and
  • (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.
  • (b) The competent authority of the Member State of registry shall issue or amend a restricted certificate of airworthiness (EASA Form 24B, see Appendix I) without undue delay when the applicant has provided the documentation required by point 21L.A.143 and complies with the obligations in point 21L.A.144, and when it is satisfied:
    1. for new aircraft, that the aircraft, and its engine and propeller if applicable, conforms to an aircraft design for which design compliance has been declared in accordance with Subpart C of Section A of this Annex which is registered by the Agency in accordance with point 21L.B.63 at the time of application, and is in a condition for safe operation;
    1. for used aircraft, that:
  • (i) the aircraft, and its engine and propeller if applicable, conforms to an aircraft design for which design compliance has been declared in accordance with Subpart C of Section A of this Annex, and which is registered by the Agency in accordance with point 21L.B.63 at the time of application, along with any design changes or repair design changes for which design compliance has been declared in accordance with Subpart F or N of Section A of this Annex which are registered by the Agency in accordance with point 21L.B.122 or point 21L.B.222, or by the declarant in accordance with point (c) of point 21L.A.105;
  • (ii) the applicable airworthiness directives have been complied with; and
  • (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.
  • (c) By way of derogation from points (a) and (b), for a used aircraft transferred from another Member State having an airworthiness certificate issued in accordance with this Annex, the competent authority of the new Member State of registry shall issue the certificate of airworthiness or restricted certificate of airworthiness where it is satisfied that the applicant complies with point 21L.A.144(a) and has provided a copy of the current certificate of airworthiness or restricted certificate of airworthiness and one of the following:
    1. the documentation required by point 21L.A.143(e)(1);
    1. the documentation required by point 21L.A.143(e)(2).
  • (d) Where applicable, in addition to the airworthiness certificate referred to in point (a), point (b) or point (c), 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, as applicable.
  • (e) A certificate of airworthiness or a restricted certificate of airworthiness shall be issued for an unlimited duration. It may be amended only by the competent authority of the Member State of registry.
21L.B.163   Oversight
  • (a) Upon evidence of a violation of any of the conditions under which the certificate of airworthiness or the restricted certificate of airworthiness was issued, or that the holder does not comply with the relevant requirements of Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof or with the applicable type design or with the applicable design data of an aircraft for which design compliance has been declared, or with the continuing airworthiness requirements, the competent authority of the Member State of registry shall issue a finding in accordance with point 21L.B.21.
  • (b) When the type certificate under which the certificate of airworthiness was issued is suspended or revoked, or otherwise becomes invalid in accordance with point 21L.A.30, or the declaration of design compliance under which the restricted certificate of airworthiness was issued is not any longer registered in accordance with point 21L.B.63, the competent authority of the Member State of registry shall take action in accordance with point 21L.B.22.

SUBPART I – NOISE CERTIFICATES

21L.B.171   Investigation
  • (a) The competent authority of the Member State of registry shall prepare 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. evaluation of the documentation received with the application;
    1. inspections of aircraft.
  • (b) Upon receiving an application for a noise certificate or a restricted noise certificate, the competent authority of the Member State of registry shall verify whether the aircraft is within the scope established in point 21L.A.161.
  • (c) The competent authority of the Member State of registry shall perform sufficient investigation activities for an applicant for, or a holder of, a noise certificate or a restricted noise certificate to justify the issuance, maintenance, amendment, suspension or revocation of the certificate.
21L.B.172   Issuance or amendment of noise certificates
  • (a) The competent authority of the Member State of registry shall issue or amend noise certificates (EASA Form 45, see Appendix VII to Annex I (Part 21)) and restricted noise certificates (EASA Form 45B, see Appendix II) without undue delay when the applicant has provided the documentation required by point 21L.A.163, and when it is satisfied that the aircraft is in conformity with the applicable noise information determined in accordance with the applicable noise requirements.
  • (b) For used aircraft originating from another Member State, the noise certificate or restricted noise certificate shall be issued against the corresponding data that is provided by the Agency database on noise levels.
  • (c) A noise certificate or a restricted noise certificate shall be issued for an unlimited duration. It may be amended only by the competent authority of the Member State of registry.
21L.B.173   Oversight
  • (a) Upon evidence of a violation of any of the conditions under which the noise certificate or the restricted noise certificate was issued, or that the holder does not comply with the relevant requirements of Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof or with the applicable type design or with the applicable design data of an aircraft for which design compliance has been declared, the competent authority of the Member State of registry shall issue a finding in accordance with point 21L.B.21.
  • (b) When the type certificate under which the noise certificate was issued is suspended or revoked, or otherwise becomes invalid in accordance with point 21L.A.30, or the declaration of design compliance under which the restricted noise certificate was issued is not any longer registered in accordance with point 21L.B.63, the competent authority of the Member State of registry shall take action in accordance with point 21L.B.22.

SUBPART J –   DECLARED DESIGN ORGANISATIONS

21L.B.181   Initial oversight investigation
  • (a) Upon receiving a declaration from an organisation declaring their design capability, the Agency shall verify that:
    1. the declarant is eligible to declare their design capability in accordance with point 21L.A.172;
    1. the declaration contains all the information specified in point (c) of point 21L.A.173; and
    1. the declaration does not contain information that indicates a non-compliance with the requirements of Subpart J of Section A of this Annex.
  • (b) The Agency shall acknowledge the receipt of the declaration, including the assignment of an individual declared design organisation reference number to the declarant.
21L.B.182   Registration of a declaration of design capability

The Agency shall register the declaration of design capability on a suitable database, including the declared scope of work, provided that:

  • (a) the declarant has declared their capability in accordance with point 21L.A.173;
  • (b) the declarant has made a commitment that the obligations in accordance with point 21L.A.177 will be undertaken;
  • (c) there are no unresolved issues in accordance with point 21L.B.181.
21L.B.183   Oversight
  • (a) The Agency shall oversee the declared design organisation in order to verify the continuous compliance of the organisation with the applicable requirements of Section A.
  • (b) The oversight shall include a product critical design review or physical inspection, and a first article inspection of every new design of the declared design organisation.
21L.B.184   Oversight programme
  • (a) The Agency shall establish and maintain an oversight programme in order to ensure compliance with point 21L.B.183. The oversight programme shall take into account the specific nature of the organisation, the complexity of its activities and 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 design and certification of the products, and parts that are under the scope of the organisation;
  • (iii) sampling of the work performed;
  • (iv) unannounced inspections;
    1. meetings convened between the head of the design organisation and the Agency to ensure that both remain informed of any significant issues.
  • (b) 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.
  • (c) An oversight planning cycle that does not exceed 24 months shall be applied.
  • (d) Notwithstanding point (c), the oversight planning cycle may be extended to 36 months if the Agency 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 point 21L.A.178 and that it has full control over all changes to the design 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 Agency as defined in point 21L.B.21.
  • (e) 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 point (d), the organisation has established, and the Agency has approved, an effective continuous system for reporting to the Agency on the safety performance and regulatory compliance of the organisation itself.
  • (f) The oversight planning cycle may be reduced if there is evidence that the safety performance of the organisation has decreased.
  • (g) At the completion of each oversight planning cycle, the Agency shall issue a recommendation report on the continuation of the activities conducted by the declared design organisation based on its declaration of design capability, reflecting the results of the oversight.
21L.B.185   Oversight activities
  • (a) When the Agency verifies the compliance of the declared design organisation in accordance with point 21L.B.183 and the oversight programme established in accordance with point 21L.B.184, it shall:
    1. provide the personnel responsible for oversight with guidance to perform their functions;
    1. conduct assessments, audits, inspections, and, if needed, unannounced inspections;
    1. collect the evidence needed in case further action is required, including the measures provided for in point 21L.B.21 and 21L.B.22;
    1. inform the declared design organisation about the results of the oversight activities.
  • (b) The Agency shall collect and process any information deemed necessary for conducting oversight activities.
  • (c) If the Agency detects a non-compliance of the declared design organisation with the applicable requirements of Section A, with a procedure or manual required by Section A, or with the declaration submitted, the Agency shall act in accordance with points 21L.B.21 and 21L.B.22.
21L.B.186   Changes to declarations
  • (a) Upon receiving a notification of changes in accordance with point 21L.A.178, the Agency shall verify the completeness of the notification in accordance with point 21L.B.181.
  • (b) The Agency shall update its oversight programme established according to point 21L.B.184 and investigate whether it is necessary to establish any conditions under which the organisation may operate during the change.
  • (c) When the change affects any aspect of the declaration that is registered in accordance with point 21L.B.182, the Agency shall update the register.
  • (d) Upon completion of the activities required by points (a) to (c), the Agency shall acknowledge the receipt of the notification to the declared design organisation.

SUBPART K –   PARTS

(Reserved)

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

The Agency shall designate any amendments to the type-certification basis and the applicable environmental requirements incorporated by reference in, as applicable, either the type certificate or the supplemental type certificate, which the Agency considers necessary for maintaining a level of safety and environmental compatibility equal to that previously established and notify them to the applicant for the approval of a repair design.

21L.B.202   Investigation and issuance of an approval for a minor repair design
  • (a) Upon receiving an application for the approval of a minor repair design to a type-certified product under this Annex, the Agency shall approve the minor repair design when:
    1. the applicant has provided the substantiation data and justifications and has demonstrated and declared the compliance of the repair design with the applicable type-certification basis and the applicable environmental protection requirements established in accordance with point 21L.B.201;
    1. the Agency, through its verification of the demonstration of compliance, taking into account the design features of the repair design, complexity and overall criticality of the repair design, as well as previous experience of design activities with the applicant, has not found:
  • (i) any non-compliances with the type-certification basis or, where applicable, with the applicable environmental protection requirements;
  • (ii) any feature or characteristic of the repair design that may make the product with the repair design unsafe for the uses for which certification is requested.
  • (b) An approval of a minor repair design shall be limited to the specific configuration(s) in the type certificate to which the repair design relates.
21L.B.203   Investigation of an application for the approval of a major repair design

Upon receiving an application for the approval of a major repair design under this Annex, the Agency shall:

  • (a) conduct a review of the initial compliance demonstration plan and any subsequent update provided by the applicant in order to establish the completeness of the plan and the appropriateness of the proposed means and methods of demonstrating compliance with the type-certification basis and the applicable environmental protection requirements established and designated in accordance with point 21L.B.201; if the compliance demonstration plan is incomplete or the means and methods are not appropriate to achieve compliance demonstration, the Agency shall inform the applicant and request an amendment of it;
  • (b) when satisfied that the compliance demonstration plan provided is appropriate so that the applicant can demonstrate compliance, approve the compliance demonstration plan and any subsequent updates of the compliance demonstration plan;
  • (c) determine the likelihood of an unidentified non-compliance of the major repair design with the type-certification basis or with the applicable environmental protection requirements, and the potential impact of that non-compliance on the safety or environmental compatibility of the product, and determine on that basis whether a physical inspection and assessment of the first article of that product in the final configuration with the repair design is necessary in order to verify the compliance of the product with the applicable type-certification basis; the Agency shall notify the applicant before conducting this inspection and assessment;
  • (d) if, during the review of the compliance demonstration plan, the Agency determines that the major repair design contains any element for which an unidentified non-compliance with the type-certification basis or with the applicable environmental protection requirements may have an adverse impact on the safety or environmental compatibility of the changed product, the Agency shall determine which investigations are necessary in addition to those of point (c) in order to verify the compliance demonstration; the Agency shall notify the applicant of those additional investigations and which elements of the design would be subject to investigation.
21L.B.204   Issuance of an approval of a major repair design
  • (a) Upon receiving an application for the approval of a major repair design to a type-certified product under this Annex, the Agency shall approve the major repair design when:
    1. the applicant has been demonstrated that the repair design and the areas affected by the repair design comply with the type-certification basis and with the applicable environmental protection requirements, as established by the Agency in accordance with point 21L.B.201; and
    1. the applicant has demonstrated and declared compliance in accordance with point 21L.A.208;
    1. the owner of the type-certificate data, if the applicant has specified in accordance with point 21L.A.205(b)(5) that they provided the certification data on the basis of an arrangement with the owner of the type-certificate data, has:
  • (i) no technical objection to the information submitted under point (a)(2) of point 21L.B.204; and
  • (ii) agreed to collaborate with the holder of the repair design approval to discharge all the obligations for the continued airworthiness of the product with the repair design through compliance with point 21L.A.210;
    1. the Agency, through its verification of the demonstration of compliance, has not found:
  • (i) any non-compliances with the type-certification basis or, where applicable, the applicable environmental protection requirements;
  • (ii) any feature or characteristic of the change that may make the product with the repair design unsafe for the uses for which certification is requested.
  • (b) An approval of a major repair design shall be limited to the specific configuration(s) in the type certificate to which the repair design relates.
21L.B.205   Continuing airworthiness oversight of products for which a repair design has been approved

If the Agency, through its continuing airworthiness oversight, including through reports received in accordance with point 21L.A.3, or by any other means detects a non-compliance of a product, for which a repair design has been approved, with the type-certification basis or with the applicable environmental protection requirements, the Agency shall raise a finding in accordance with point 21L.B.21, or issue an airworthiness directive under the conditions of point 21L.B.23.

21L.B.206   Unrepaired damage

An evaluation of the airworthiness consequences shall be conducted by the Agency, when requested to do under point 21L.A.211, in the event that a damaged product is left unrepaired and is not covered by previously approved data. The Agency shall establish any limitations necessary to ensure a safe flight with the damaged product.

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
  • (a) Upon receiving a declaration of design compliance of a major repair design to an aircraft for which design compliance has been declared, the Agency shall verify that that the repair design is within the scope of point 21L.A.221 and that the declaration contains all the information specified in point 21L.A.226. The Agency shall acknowledge the receipt of the declaration, including the assignment of an individual declaration of design compliance reference number to the declarant.
  • (b) The Agency shall assess, based upon the risk of a non-compliance leading to a design that is not capable of safe flight or being environmentally incompatible, whether a physical inspection and assessment of the aircraft with the major repair design is needed, and subsequently inform the declarant if that is the case. This assessment of the risk shall take into consideration:
    1. the complexity of the major repair design and the overall effect on the aircraft structures, flight characteristics and systems;
    1. previous experience of physical inspections of aircraft and major repair designs and changes that have been designed by the declarant;
    1. the response by the declarant to any previous findings that have been raised for non-compliances of the specific aircraft or similar aircraft designed by the declarant that have also been subject to a declaration of design compliance.
  • (c) If the Agency finds evidence in the declaration, or through the physical inspection and assessment if carried out in accordance with point (b) of point 21L.B.221, indicating that the aircraft with the major repair design could be incapable of conducting a safe flight or could be environmentally incompatible during in-service operations, the Agency shall raise a finding in accordance with point 21L.B.21.
21L.B.222   Registration of a declaration of a major repair design to an aircraft for which design compliance has been declared
  • (a) The Agency shall register a declaration of a major repair design to an aircraft for which design compliance has been declared provided that:
    1. the declarant has declared compliance in accordance with point (a) of point 21L.A.226;
    1. the declarant has provided to the Agency the documents required in accordance with point (d) of point 21L.A.226;
    1. the declarant has made a commitment that the obligations in accordance with point 21L.A.228 will be undertaken;
    1. there are no unresolved issues from the physical inspection, if carried out in accordance with point (b) of point 21L.B.221.
  • (b) The Agency shall only register a declaration of a major repair design to an aircraft for which design compliance has been declared if it is limited to the specific configuration(s) in the registered declaration of design compliance to which the major repair design relates.
21L.B.223   Continuing airworthiness oversight of a repair design for which design compliance has been declared

If the Agency, through its continuing airworthiness oversight, including through reports received in accordance with point 21L.A.3, or by any other means, detects a non-compliance of a repair design, for which design compliance has been declared, with the applicable detailed technical specifications or with the applicable environmental protection requirements, the Agency shall raise a finding in accordance with point 21L.B.21, or issue an airworthiness directive under the conditions of point 21L.B.23.

SUBPART O –   EUROPEAN TECHNICAL STANDARD ORDER AUTHORISATIONS

(Reserved)

SUBPART P – PERMIT TO FLY

21L.B.241   Investigation prior to the issuance of a permit to fly
  • (a) Without prejudice to Subpart P of Section B of Annex I (Part 21), when investigating an application for the issuance of a permit to fly for an aircraft which is within the scope of this Annex, the competent authority of the Member State shall conduct a physical inspection of the aircraft and be satisfied that the aircraft conforms to the design defined under point 21.A.708 of that Annex I (Part 21) before flight when the application for a permit to fly relates to:
    1. the demonstration of compliance activities in point 21L.A.25 for an aircraft which is, or is intended to be, type-certified;
    1. the demonstration of compliance activities in point 21L.A.44 for an aircraft for which design compliance is, or is intended to be, declared.
  • (b) For all other requests for the issuance of a permit to fly for activities and aircraft within the scope of this Annex, the competent authority shall assess, in accordance with point 21.B.520 of Annex I (Part 21), the need for a physical inspection.
  • (c) If the competent authority finds evidence indicating that the aircraft does not conform to the design defined under point 21.A.708 of Annex I (Part 21), it shall raise a finding in accordance with point 21L.B.21.
21L.B.242   Investigation prior to issuance of the flight conditions
  • (a) Without prejudice to Subpart P of Section B of Annex I (Part 21), when investigating an application for the approval of flight conditions for an aircraft which is within the scope of this Annex, the Agency shall:
    1. if the application for flight conditions is related to the demonstration of compliance activities in point 21L.A.25 for an aircraft which is, or is intended to be, type-certified, conduct a critical design review of the design and a physical inspection and assessment of the aircraft in order to ensure that the aircraft is capable of safe flight, and that flight testing can be conducted safely;
    1. if the application for flight conditions is related to the demonstration of compliance activities in point 21L.A.44 for an aircraft for which design compliance is, or is intended to be, declared, conduct a physical inspection and assessment of the aircraft in order to ensure that the aircraft is capable of safe flight, and that flight testing can be conducted safely;
    1. if the application for flight conditions is related to the demonstration of compliance activities for a major change in point 21L.A.66, a supplemental type certificate in point 21L.A.85 or a major repair in point 21L.A.206, based upon the evaluation conducted in point 21L.B.83, point 21L.B.102 and point 21L.B.203, determine the need to conduct a physical inspection and assessment of the aircraft and a critical design review of the design in order to ensure that the aircraft is capable of safe flight, and that flight testing can be conducted safely;
    1. if the application for flight conditions is related to the demonstration of compliance activities for a major change in point 21L.A.108 or a major repair in point 21L.A.227, based upon the evaluation conducted in point 21L.B.121 and point 21L.B.221, determine the need to conduct a physical inspection and assessment of the aircraft in order to ensure that the aircraft is capable of safe flight, and that flight testing can be conducted safely.
  • (b) If the Agency finds evidence indicating that the aircraft could be incapable of conducting a safe flight, the Agency shall raise a finding in accordance with point 21L.B.21.

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, WHICH CONFORM TO A DECLARATION OF DESIGN COMPLIANCE

21L.B.251   Oversight
  • (a) The competent authority shall oversee the natural or legal person issuing statements of conformity (EASA Form 52B) or authorised release certificates (EASA Form 1) under Subpart R of Section A of this Annex in order to verify the continuous compliance of the natural or legal person with the applicable requirements of Section A and the implementation of safety measures mandated according to points (c) and (d) of point 21L.B.15.
  • (b) The oversight shall include a first article inspection of every new aircraft, engine, propeller or part that is produced for the first time for which the natural or legal person has issued a statement of conformity (EASA Form 52B) or authorised release certificates (EASA Form 1), and, as determined by the oversight programme in accordance with point 21L.B.252, inspections of further aircraft, engines, propellers and parts produced by that natural or legal person.
21L.B.252   Oversight programme
  • (a) The competent authority shall establish and maintain an oversight programme in order to ensure compliance with point 21L.B.251. This oversight programme shall take into account the specific nature of the natural or legal person, the complexity of their activities and the results of past 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) production control system assessments and process audits;
  • (ii) product audits of a relevant sample of the products and parts that are under the scope of the natural or legal person;
  • (iii) sampling of the work performed; and
  • (iv) unannounced inspections;
    1. meetings convened between the legal or natural person and the competent authority to ensure that they both remain informed of any significant issues.
  • (b) 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.
  • (c) An oversight planning cycle that does not exceed 24 months shall be applied.
  • (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 natural or legal person has demonstrated that they can effectively identify aviation safety hazards and manage the associated risks;
    1. the natural or legal person has continuously demonstrated compliance with point 21L.A.273 and that they have full control over all changes to the management system for production;
    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 21L.B.21.
  • (e) 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 point (d), the natural or legal person 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 natural or legal person themselves.
  • (f) The oversight planning cycle may be reduced if there is evidence that the safety performance of the natural or legal person has decreased.
  • (g) At the completion of each oversight planning cycle, the competent authority shall issue a recommendation report on the continuation of the activities conducted by the natural or legal person, reflecting the results of the oversight.
21L.B.253   Oversight activities
  • (a) When the competent authority verifies the compliance of the natural or legal person in accordance with point 21L.B.251 and the oversight programme established in accordance with point 21L.B.252, it shall:
    1. provide the personnel responsible for oversight with guidance to perform their functions;
    1. conduct assessments, audits, inspections, and, if needed, unannounced inspections;
    1. collect the evidence needed in case further action is required, including the measures provided for in point 21L.B.21 and 21L.B.22;
    1. inform the natural or legal person about the results of the oversight activities.
  • (b) If the facilities of the natural or legal person are located in more than one State, the competent authority identified in point 21L.2 may agree to have oversight tasks performed by the competent authority(ies) of the Member State(s) where other facilities are located, or by the Agency for facilities that are located in a non-Member State. Any natural or legal person who is subject to such an agreement shall be informed of its existence and of its scope.
  • (c) For any oversight activities that are performed by the competent authority at facilities located in a Member State other than where the natural or legal person has its principal place of business, the competent authority shall inform the competent authority of that Member State before performing any on-site audit or inspection of the facilities.
  • (d) The competent authority shall collect and process any information deemed necessary for conducting oversight activities.
  • (e) If the competent authority detects a non-compliance of the natural or legal person issuing statements of conformity (EASA Form 52B) or authorised release certificates (EASA Form 1) with the applicable requirements of Section A and the implementation of safety measures mandated according to points (c) and (d) of point 21L.B.15, the competent authority shall act in accordance with points 21L.B.21 and 21L.B.22.

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