Commission Delegated Regulation (EU) 2022/201 of 10 December 2021 amending Regulation (EU) No 748/2012 as regards management systems and occurrence-reporting systems to be established by design and production organisations, as well as procedures applied by the Agency, and correcting that Regulation

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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 (1), and in particular Article 19(1) and Article 62(13) thereof,

Whereas:

(1) Commission Regulation (EU) No 748/2012 (2) lays down the requirements for the design and production of civil aircraft as well as engines, propellers and parts to be installed therein.

(2) In accordance with point 3.1(b) of Annex II to Regulation (EU) 2018/1139, approved design and production organisations must, as appropriate for the type of activity undertaken and the size of the organisation, implement and maintain a management system, to ensure compliance with the essential requirements set out in that Annex, manage safety risks and aim for the continuous improvement of that system.

(3) Pursuant to Annex 19 ‘Safety Management’ to the Convention on International Civil Aviation, signed in Chicago on 7 December 1944 (the ‘Chicago Convention’), competent authorities are to require approved organisations that design and produce civil aircraft, as well as engines, propellers and parts to be installed therein, to implement a safety management system.

(4) Regulation (EU) No 748/2012 already requires approved design and production organisations to comply with some elements of the management system; however, this management system does not completely cover the Standards and Recommended Practices (SARPs) for such a safety management system established in Annex 19 to the Chicago Convention. Therefore, the missing elements of the management system should be added to the existing requirements.

(5) In order to ensure a proportionate implementation and consistency with the approach used for continuing airworthiness organisations operating in the general aviation domain, design and production organisations, for which an approval is not mandatory under Regulation (EU) No 748/2012, should not be required to comply with all the elements of the management system.

(6) All organisations, including those that have their principal place of business outside the Union, when they design and produce products and parts in accordance with Regulation (EU) No 748/2012, are already required to establish a mandatory and voluntary occurrence-reporting system. However, Regulation (EU) No 748/2012 should be amended to ensure that that occurrence-reporting system is aligned with the principles of Regulation (EU) No 376/2014 of the European Parliament and of the Council (3).

(7) In addition, the requirements for the Agency with regard to the tasks related to design certification, oversight and enforcement should be amended.

(8) A sufficient transition period should be provided for approved design organisations to ensure their compliance with the new rules and procedures introduced by this Regulation.

(9) The measures provided for in this Regulation are based on Opinion No 04/2020 (4), issued by the Agency in accordance with Article 76(1) of Regulation (EU) 2018/1139.

(10) Regulation (EU) No 748/2012 should therefore be amended accordingly.

(11) Commission Delegated Regulation (EU) 2021/699 (5) introduced a requirement that any future holder of the type-certificate or restricted type-certificate for a large aeroplane is to ensure that the continuing structural integrity programme remains valid throughout the operational life of the aeroplane. In particular, point 21.A.101(h) was added in Annex I to Regulation (EU) No 748/2012 to the effect that certain future holders are to comply with certification specifications that provide at least an equivalent level of safety to points 26.300, 26.320 and 26.330 of Annex I to Commission Regulation (EU) 2015/640 (6). An error occurred by referring to point 26.320, which does not exist. Regulation (EU) No 748/2012 should therefore be corrected accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 748/2012 is amended as follows:

(1) in Article 8, the following paragraph 4 is added: ‘4.   By way of derogation from points 21.B.433(d)(1) and (2) of Annex I (Part 21), a design organisation that holds a valid approval certificate issued in accordance with Annex I (Part 21) may correct, until 7 March 2025, any findings of non-compliance related to the Annex I requirements introduced by Commission Delegated Regulation (EU) 2022/201(1). Where after 7 March 2025, the organisation has not closed such findings, the approval certificate shall be revoked, limited or suspended in whole or in part. (1)  Commission Delegated Regulation (EU) 2022/201 of 10 December 2021 amending Regulation (EU) No 748/2012 as regards management systems and occurrence-reporting systems to be established by design and production organisations, as well as procedures applied by the Agency, and correcting that Regulation (OJ L 33, …, p. 7)’;"

(2) Annex I (Part 21) is amended in accordance with Annex I to this Regulation.

Article 2

Annex I (Part 21) to Regulation (EU) No 748/2012 is corrected in accordance with Annex II to this Regulation.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 7 March 2023, with the exception of Article 2 which shall apply from 7 March 2022.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 December 2021.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 212, 22.8.2018, p. 1.

(2) 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 (OJ L 224, 21.8.2012, p. 1).

(3) Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ L 122, 24.4.2014, p. 18).

(4) https://www.easa.europa.eu/document-library/opinions

(5) Commission Delegated Regulation (EU) 2021/699 of 21 December 2020 amending and correcting Regulation (EU) No 748/2012 as regards the instructions for continued airworthiness, the production of parts to be used during maintenance and the consideration of ageing aircraft aspects during certification (OJ L 145, 28.4.2021, p. 1).

(6) Commission Regulation (EU) 2015/640 of 23 April 2015 on additional airworthiness specifications for a given type of operations and amending Regulation (EU) No 965/2012 (OJ L 106, 24.4.2015, p. 18).