Commission Implementing Regulation (EU) 2022/203 of 14 February 2022 amending Regulation (EU) No 748/2012 as regards management systems and occurrence-reporting systems to be established by competent authorities, and correcting Regulation (EU) No 748/2012 as regards the issuance of airworthiness review certificates

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 62(14) and (15) thereof,

Whereas:

(1) Commission Regulation (EU) No 748/2012 (2) lays down common technical 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 organisations that design and produce civil aircraft, as well as engines, propellers and parts to be installed therein must, as appropriate to 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 to the Convention on International Civil Aviation, signed in Chicago on 7 December 1944 (‘the Chicago Convention’), competent authorities are to require approved design and production organisations to implement a safety management system.

(4) Therefore, a management system should be introduced for all approved design and production organisations falling within the scope of Annex I to Regulation (EU) No 748/2012 in order to comply with the International Civil Aviation Organisation (‘ICAO’) International Standards and Recommended Practices established in Annex 19 to the Chicago Convention.

(5) All approved design and production organisations are required to establish an occurrence reporting system. Therefore, the provisions of Annex I to Regulation (EU) No 748/2012 should be amended to ensure that the occurrence reporting system is established as part of the organisations’ management system and that the requirements are aligned with those of Regulation (EU) No 376/2014 of the European Parliament and of the Council (3).

(6) A sufficient transition period should allow design and production organisations to ensure their compliance with the new rules and procedures introduced by this Regulation.

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

(8) Commission Delegated Regulation (EU) 2021/699 (4) replaced point (c) of point 21.B.325 to establish in which cases the competent authority of the Member State of registry, in addition to the airworthiness certificate referred to in points (a) and (b) of point 21.B.325, should also issue an airworthiness review certificate considering whether Part-M or Part-ML of Commission Regulation (EU) No 1321/2014 (5) was applicable to the aircraft at stake. The adopted text however did not properly address the case of new aircraft. Regulation (EU) No 748/2012 should therefore be corrected.

(9) The measures provided for in this Regulation are in accordance with Opinion No 04/2020 (6), of the European Union Aviation Safety Agency, submitted pursuant to Article 76(1) of Regulation (EU) 2018/1139.

(10) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 127(1) of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1

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

(1) in Article 9, the following paragraphs are added: ‘5.   By way of derogation from points 21.B.225(d)(1) and (2) of Annex I (Part 21), a production 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 Implementing Regulation (EU) 2022/203(*1). Where after 7 March 2025 the organisation has not closed those findings, the approval certificate shall be revoked, limited or suspended in whole or in part.

Where after 7 March 2025 the organisation has not closed those findings, the letter of agreement shall be revoked, limited or suspended in whole or in part. (*1)  Commission Implementing Regulation (EU) 2022/203 of 14 February 2022 amending Regulation (EU) No 748/2012 as regards management systems and occurrence-reporting systems to be established by competent authorities, and correcting Regulation (EU) No 748/2012 as regards the issuance of airworthiness review certificates (OJ L 33, 15.2.2022, p. 46 ’ "

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

Article 2

Annex I 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, 14 February 2022.

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) 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)

(5) Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1).

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