Commission Delegated Regulation (EU) 2019/897 of 12 March 2019 amending Regulation (EU) No 748/2012 as regards the inclusion of risk-based compliance verification in Annex I and the implementation of requirements for environmental protection (Text with EEA relevance.)

• (a)The Agency shall designate and notify to the applicant for a type-certificate or restricted type-certificate for an aircraft, for a supplemental type-certificate or for a major change to a type-certificate or to a supplemental type-certificate, the applicable noise requirements established in Annex 16 to the Chicago Convention, Volume I, Part II, Chapter 1 and:

• 1.for subsonic jet aeroplanes, in Chapters 2, 3, 4 and 14;

• 2.for propeller-driven aeroplanes in Chapters 3, 4, 5, 6, 10, and 14;

• 3.for helicopters, in Chapters 8 and 11;

• 4.for supersonic aeroplanes, in Chapter 12; and

• 5.for tilt rotors, in Chapter 13.

• (b)The Agency shall designate and notify to the applicant referred to in point (a) the applicable emission requirements for preventions of intentional fuel venting for aircraft established in Annex 16 to the Chicago Convention, Volume II, Part II, Chapter 1 and 2.

• (c)The Agency shall designate and notify to the applicant referred to in point (a) the applicable smoke, gaseous and particulate matter engine emission requirements established in Annex 16 to the Chicago Convention, Volume II, Part III, Chapter 1 and

• 1.for smoke and gaseous emissions of turbojet and turbofan engines intended for propulsion only at subsonic speeds, in Chapter 2;

• 2.for smoke and gaseous emissions of turbojet and turbofan engines intended for propulsion at supersonic speeds, in Chapter 3;and

• 3.for particulate matter emissions of turbojet and turbofan engines intended for propulsion only at subsonic speeds, in Chapter 4.

• (d)The Agency shall designate and notify to the applicant referred to in point (a) the applicable aeroplane CO2 emission requirements established in Annex 16 to the Chicago Convention, Volume III, Part II, Chapter 1 and

• 1.for subsonic jet aeroplanes, in Chapter 2; and

• 2.for subsonic propeller-driven aeroplanes, in Chapter 2.

21.B.100   Level of involvement

• (a)The Agency shall determine its involvement in the verification of the compliance demonstration activities and data related to the application for a type-certificate, restricted type-certificate, major change approval, supplemental type certificate, major repair design approval or ETSO authorisation for APU. It shall do so on the basis of an assessment of meaningful groups of compliance demonstration activities and data of the certification programme. That assessment shall address:

• —the likelihood of an unidentified non-compliance with the type-certification basis, operational suitability data certification basis or environmental protection requirements; and

• —the potential impact of that non-compliance on product safety or environmental protection,

• and consider at least the following elements:

• 1.novel or unusual features of the certification project, including operational, organisational and knowledge management aspects;

• 2.complexity of the design and/or demonstration of compliance;

• 3.criticality of the design or technology and the related safety and environmental risks, including those identified on similar designs; and

• 4.performance and experience of the design organisation of the applicant in the domain concerned.

• (b)For the approval of a minor repair design, minor change or ETSO authorisation other than for APU, the Agency shall determine its involvement at the level of the entire certification project, taking into account any novel or unusual features, complexity of the design and/or demonstration of compliance, criticality of the design or technology, as well as the performance and experience of the applicant's design organisation.

• (c)The Agency shall notify its level of involvement to the applicant and it shall update its level of involvement when this is warranted by information which has an appreciable impact on the risk previously assessed pursuant to point (a) or (b). The Agency shall notify the applicant about the change in the level of involvement.

21.B.103   Issuance of a type-certificate or restricted type-certificate

• (a)The Agency shall issue an aircraft, engine or propeller type-certificate or an aircraft restricted type-certificate, provided that:

• 1.the applicant has complied with point 21.A.21;

• 2.the Agency, through verifications of the demonstration of compliance in accordance with its involvement determined pursuant to point 21.B.100, has not found any non-compliance with the type-certification basis, the operational suitability data certification basis where applicable in accordance with point 21.B.82, and the environmental protection requirements; and

• 3.no feature or characteristic has been identified that may make the product unsafe for the uses for which the certification is requested.

• (b)By derogation from point (a), at the applicant's request included in the declaration referred to in point 21.A.20(d), the Agency may issue an aircraft type-certificate before compliance with the operational suitability data certification basis has been demonstrated, provided that the applicant demonstrates such compliance before the date at which those data are to be actually used.’

• (41)Subpart D of Section B is replaced by the following:

‘21.B.105   Type-certification basis, environmental protection requirements and operational suitability data certification basis for a major change to a type-certificate

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

21.B.107   Issuance of an approval of a change to a type-certificate

• (a)The Agency shall issue an approval of a change to a type-certificate provided that:

• 1.the applicant for an approval has complied with:

• (i)point 21.A.95 for a minor change; or

• (ii)point 21.A.97 for a major change;

• 2.the Agency, through its verification of the demonstration of compliance in accordance with the level of its involvement determined pursuant to point (a) or (b) of point 21.B.100 has not found any non-compliance with the type-certification basis, operational suitability data certification basis where applicable in accordance with point 21.B.82, and environmental protection requirements; and

• 3.no feature or characteristic has been identified that may make the product unsafe for the uses for which certification is requested.

• (b)In the case of a change affecting the operational suitability data, by derogation from points (1) and (2) of point (a), at the applicant's request included in the declaration referred to in point 21.A.20(d), the Agency may approve a change to an aircraft type-certificate before compliance with the operational suitability data certification basis has been demonstrated, provided that the applicant demonstrates such compliance before the date at which those data are to be actually used.

• (c)The approval of the changes to the operational suitability data shall be included in the approval of the change to the type-certificate.

• (d)The approval of a change to a type-certificate shall be limited to the specific configuration(s) in the type-certificate to which the change relates.’;

• (42)Subpart E of Section B is replaced by the following:

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

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

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

21.B.111   Issuance of a supplemental type-certificate

• (a)The Agency shall issue a supplemental type-certificate, provided that:

• 1.the applicant has complied with point 21.A.115(b);

• 2.the Agency, through its verification of the demonstration of compliance in accordance with the level of involvement established pursuant to point 21.B.100(a), has not found any non-compliance with the type-certification basis, operational suitability data certification basis where applicable in accordance with point 21.B.82, and environmental protection requirements; and

• 3.no feature or characteristic has been identified that may make the product unsafe for the uses for which certification is requested.

• (b)In the case of a supplemental type-certificate affecting the operational suitability data, by derogation from points (1) and (2) of point (a), at the applicant's request included in the declaration referred to in point 21.A.20(d), the Agency may issue a supplemental type-certificate before compliance with the operational suitability data certification basis has been demonstrated, provided that the applicant demonstrates such compliance before the date at which those data are to be actually used.

• (c)The approval of the changes to the operational suitability data shall be included in the supplemental type-certificate.

• (d)The supplemental type-certificate shall be limited to the specific configuration(s) in the type-certificate to which the related major change relates.’;

• (43)Point 21.B.326 is replaced by the following:

‘21.B.326   Certificate of airworthiness

The competent authority of the Member State of registry shall issue a certificate of airworthiness for:

• (a)new aircraft:

• 1.upon presentation of the documentation required by point 21.A.174(b)(2);

• 2.where the competent authority of the Member State of registry is satisfied that the aircraft conforms to an approved design and is in a condition for safe operation; this may include inspections by the competent authority of the Member State of registry; and

• 3.where the competent authority of the Member State of registry is satisfied that the aircraft is in compliance with the applicable CO2 emissions requirements on the date on which the certificate of airworthiness is first issued.

• (b)used aircraft:

• 1.upon presentation of the documentation required by point 21.A.174(b)(3) demonstrating that:

• (i)the aircraft conforms to a type design approved under a type-certificate and any supplemental type-certificate, change or repair approved in accordance with this Annex I (Part 21) and;

• (ii)the applicable airworthiness directives have been complied with and;

• (iii)the aircraft has been inspected in accordance with the applicable provisions of Annex I (Part-M) to Regulation (EC) No 2042/2003 and;

• (iv)the aircraft was in compliance with the applicable CO2 emissions requirements on the date on which the certificate of airworthiness was first issued;

• 2.where the competent authority of the Member State of registry is satisfied that the aircraft conforms to an approved design and is in a condition for safe operation; this may include inspections by the competent authority of the Member State of registry and;

• 3.where the competent authority of the Member State of registry is satisfied that the aircraft was in compliance with the applicable CO2 emissions requirements on the date on which the certificate of airworthiness was first issued.’

• (44)Subpart M of Section B is replaced by the following:

‘21.B.450   Type-certification basis and environmental protection requirements for a repair design approval

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

21.B.453   Issuance of a repair design approval

• (a)The Agency shall issue an approval of a major repair design, provided that:

• 1.the applicant has demonstrated its capability in accordance with point 21.A.432B;

• 2.the applicant has complied with point 21.A.433;

• 3.the Agency, through its verification of the demonstration of compliance in accordance with the level of involvement established pursuant to point 21.B.100(a), has not found any non-compliance with the type-certification basis and environmental protection requirements; and

• 4.no feature or characteristic has been identified that may make the product unsafe for the uses for which certification is requested.

• (b)The Agency shall issue an approval of a minor repair design, provided that the applicant has complied with points (2) and (4) of point (a) and provided that the Agency, through its verifications of the demonstration of compliance in accordance with the level of involvement pursuant to point 21.B.100(b), has not found any non-compliance with the type-certification basis and environmental protection requirements.’;

• (45)Subpart O of Section B is replaced by the following:

‘21.B.480   Issuance of an ETSO authorisation

The Agency shall issue an ETSO authorisation, provided that:

• (a)the applicant has complied with point 21.A.606;

• (b)the Agency, through its verifications of the demonstration of compliance in accordance with the level of involvement pursuant to point 21.B.100(b), has not found any non-compliance with the technical conditions of the applicable ETSO or with deviations therefrom approved in accordance with point 21.A.610, if any; and

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

[^E0001]: Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1).’;