Commission Delegated Regulation (EU) 2022/1358 of 2 June 2022 amending Regulation (EU) No 748/2012 as regards the implementation of more proportionate requirements for aircraft used for sport and recreational aviation

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 Articles 19(1) and 62(13) thereof,

Whereas:

(1) Commission Regulation (EU) No 748/2012 (2) lays down the requirements for the airworthiness and environmental certification of products, parts and appliances of civil aircraft, such as engines, propellers and parts to be installed therein.

(2) Pursuant to Article 140(3) of Regulation (EU) 2018/1139, sport and recreational aviation is to be subject to simple and proportionate rules to avoid putting unnecessary administrative and financial burdens for the organisations involved in the design and production of such aircraft. Those rules are to be proportionate, cost-effective and flexible, while ensuring the necessary level of safety.

(3) Organisations involved in the design and production of certain categories of products used in sport and recreational aviation should be provided with the possibility, as an alternative to design certification, to declare the compliance of the design of an aircraft, and if applicable of the engine and propeller, with the relevant industry standards, where it is considered that this will ensure an acceptable level of safety.

(4) Organisations involved in the design and production of products used in sport and recreational aviation should also be provided with the possibility to utilise a more proportionate process for the certification of such products.

(5) Organisations involved in the design and production of products used in sport and recreational aviation should be provided with the possibility, as an alternative to an organisational approval, to declare their capability to design and produce products and parts. Those organisations should be able to use existing approvals as a means to demonstrate their capability in conducting design and production activities.

(6) Environmental protection requirements should be also laid down for the products the design of which is subject to a declaration of design compliance. Such environmental protection requirements should be based on requirements contained in Volumes I, II and III of Annex 16 to the Convention on International Civil Aviation (3) in order to ensure the same, uniform level of environmental protection irrespective of whether a product is subject to type certification or a declaration of design compliance.

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

(8) A sufficient transitional period should be provided for organisations involved in the design and production of aircraft primarily used in sport and recreational aviation to ensure their compliance with the new rules and procedures introduced by this Regulation.

(9) The measures provided for in this Regulation are in accordance with Opinion No 05/2021 (4), issued by the European Union Aviation Safety Agency in accordance with Article 76(1) of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1

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

(1) the title is replaced by the following: ‘ COMMISSION REGULATION (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification or declaration of compliance of aircraft and related products, parts and appliances, as well as for the capability requirements of design and production organisations (recast) ’;

(4) the following Article 2a is inserted: ‘Article 2a Transitional arrangements for certificates previously issued under Annex I (Part 21)

(6) in Article 8, paragraphs 2 and 3 are replaced by the following: ‘2.   By way of derogation from paragraph 1 of this Article, a natural or legal person responsible for the design of products whose principal place of business is in a Member State and who applies for or holds a certificate for the design of products, or changes or repairs thereto, in accordance with Article 2(2) may, alternatively, demonstrate their capability in accordance with Annex Ib (Part 21 Light).

(9) Article 10 is replaced by the following: ‘Article 10 Agency measures

(10) Annex I (Part 21) is amended in accordance with Annex I to this Regulation;

(11) Annex Ib (Part 21 Light) is added as set out in Annex II to this Regulation.

Article 2

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 25 August 2023.

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

Done at Brussels, 2 June 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) Convention on International Civil Aviation, signed at Chicago on 7 December 1944 (the ‘Chicago Convention’).

(4) Opinion 05/2021 of 22 October 2021 of the European Union Aviation Safety Agency, Part 21 Light – Certification and declaration of design compliance of aircraft used for sport and recreational aviation and related products and parts, and declaration of design and production capability of organisations, https://www.easa.europa.eu/document-library/opinions/opinion-052021