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

Type Delegated Regulation
Publication 2022-08-05
State In force
Text As published
Department European Commission, MOVE
Source EUR-Lex
articles 2

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

Reform history JSON API
21L.B.122 Registration of a declaration of design compliance for a major change to an aircraft design
21L.B.123 Continuing airworthiness oversight of a changed aircraft for which design compliance has been declared
SUBPART G – DECLARED PRODUCTION ORGANISATIONS
21L.B.141 Initial oversight investigation
21L.B.142 Registration of a declaration of production capability
21L.B.143 Oversight
21L.B.144 Oversight programme
21L.B.145 Oversight activities
21L.B.146 Changes to declarations
SUBPART H – CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS
21L.B.161 Investigation
21L.B.162 Issuance or amendment of a certificate of airworthiness or a restricted certificate of airworthiness
21L.B.163 Oversight
SUBPART I – NOISE CERTIFICATES
21L.B.171 Investigation
21L.B.172 Issuance or amendment of noise certificates
21L.B.173 Oversight
SUBPART J – DECLARED DESIGN ORGANISATIONS
21L.B.181 Initial oversight investigation
21L.B.182 Registration of a declaration of design capability
21L.B.183 Oversight
21L.B.184 Oversight programme
21L.B.185 Oversight activities
21L.B.186 Changes to declarations
SUBPART K – PARTS
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
21L.B.202 Investigation and issuance of an approval for a minor repair design
21L.B.203 Investigation of an application for the approval of a major repair design
21L.B.204 Issuance of an approval of a major repair design
21L.B.205 Continuing airworthiness oversight of products for which a repair design has been approved
21L.B.206 Unrepaired damage
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
21L.B.222 Registration of a declaration of a major repair design to an aircraft for which design compliance has been declared
21L.B.223 Continuing airworthiness oversight of a repair design for which design compliance has been declared
SUBPART O – EUROPEAN TECHNICAL STANDARD ORDER AUTHORISATIONS
SUBPART P – PERMIT TO FLY
21L.B.241 Investigation prior to the issuance of a permit to fly
21L.B.242 Investigation prior to issuance of the flight conditions
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, THAT CONFORM TO A DECLARATION OF DESIGN COMPLIANCE
21L.B.251 Oversight
21L.B.252 Oversight programme
21L.B.253 Oversight activities

Appendices to Annex Ib

21L.1   Scope

(reserved)

21L.2   Competent authority

(reserved)

SECTION A

TECHNICAL REQUIREMENTS

SUBPART A –   GENERAL PROVISIONS

21L.A.1   Scope

This Section establishes general rights and obligations that are applicable to:

  • (a) the applicant for, and holder of, any certificate issued or to be issued in accordance with this Annex;
  • (b) any declarant of design or production capability or of design compliance; and
  • (c) any natural or legal person issuing a statement of conformity for an aircraft, or an authorised release certificate (EASA Form 1) for an engine, propeller or part produced.

21L.A.2   Obligations and actions performed by a person other than the applicant for, or holder of, a certificate or the declarant of a declaration of design compliance

The actions and obligations required to be undertaken by the applicant for, or holder of, a certificate for a product or part or by the declarant of a declaration of design compliance under this Section may be undertaken on its behalf by any other natural or legal person, provided that the applicant’s, holder’s or declarant’s obligations are and will be properly discharged.

21L.A.3   Reporting system

  • (a) Without prejudice to Regulation (EU) No 376/2014 of the European Parliament and of the Council 6 and its delegated and implementing acts, any natural or legal person who holds or has applied for a type certificate, supplemental type certificate, major repair design approval, or any other relevant certificate deemed to have been issued under this Annex, or who has declared the compliance of an aircraft design, or a design change or repair design to it under this Annex shall:
    1. establish and maintain a system for collecting, investigating and analysing occurrence reports in order to identify adverse trends or to address deficiencies, and to extract occurrences, whose reporting is mandatory in accordance with point (3) and those which are reported voluntarily. The reporting system shall include:
  • (i) reports of and information related to failures, malfunctions, defects or other events which cause or might cause adverse effects on the continuing airworthiness of the product or part covered by the type certificate, supplemental type certificate, major repair design approval, or any other relevant certificate deemed to have been issued under this Annex, or by the declaration of design compliance issued under this Annex;
  • (ii) reports of errors, near misses, and hazards that do not fall under point (i);
    1. make available to known operators of the product or part, and, on request, to any person authorised under other associated implementing acts or delegated acts, the information about the system established in accordance with point (a)(1), and on how to provide such reports of and information related to failures, malfunctions, defects or other events referred to in point (a)(1)(i);
    1. report to the Agency any failure, malfunction, defect or other event of which they are aware related to a product or part, covered by the type certificate, supplemental type certificate, major repair design approval, or any other relevant certificate deemed to have been issued under this Annex, or by a declaration of design compliance issued under this Annex, and which has resulted in or may result in an unsafe condition.
  • (b) Without prejudice to Regulation (EU) No 376/2014 and its delegated and implementing acts, any natural or legal person who has declared their production capability under Subpart G of this Annex, or who produces a product or part under Subpart R of this Annex, shall:
    1. establish and maintain a system for collecting and assessing internal occurrence reports, including reports on internal errors, near misses, and hazards, in order to identify adverse trends or to address deficiencies, and extract occurrences, whose reporting is mandatory in accordance with points (2) and (3) and those which are reported voluntarily;
    1. report, to the responsible design approval holder or declarant of a declaration of design compliance, all cases in which products or parts have been released by them and subsequently identified to have possible deviations from the applicable design data, and investigate with the design approval holder or the declarant of a declaration of design compliance, to identify those deviations which could lead to an unsafe condition;
    1. report to the Agency and the competent authority of the Member State responsible in accordance with point 21L.2, if any, the deviations which could lead to an unsafe condition that were identified according to point (2) of point 21L.A.3(b);
    1. if acting as a supplier to another production organisation, report to that other organisation all the cases in which it has released products or parts to that organisation and subsequently identified them to have possible deviations from the applicable design data.

The reporting obligations of point 21.A.3A(b) of Annex I of natural and legal persons who hold or have applied for a production organisation approval shall include occurrences related to products and parts produced in conformity with design data approved or declared in accordance with this Annex, and, where the design compliance was declared, reports shall be made to the declarant of design compliance.

  • (c) Without prejudice to Regulation (EU) No 376/2014 and its delegated and implementing acts, any natural or legal person referred to in points (a) and (b) when reporting in accordance with points (a)(3), (b)(2), (b)(3) and (b)(4), shall appropriately safeguard the confidentiality of the reporter and of the persons mentioned in the report.
  • (d) Without prejudice to Regulation (EU) No 376/2014 and its delegated and implementing acts, any natural or legal person referred to in points (a) and (b) shall make the reports defined in points (a)(3) and (b)(3) in a form and manner established by the competent authority as soon as practicable, and in any case, dispatch the reports not later than 72 hours after the natural or legal person referred to in points (a) and (b) has identified the possible unsafe condition, unless exceptional circumstances prevent this.
  • (e) Without prejudice to Regulation (EU) No 376/2014 and its delegated and implementing acts, if an occurrence reported under point (a)(3) or under point (b)(3) results from a deficiency in the design, or a production deficiency, the holder of the type certificate, supplemental type certificate, major repair design approval, or any other relevant certificate deemed to have been issued under this Annex, the declarant of a declaration of design compliance or the production organisation referred to in point (b) as appropriate, shall investigate the reason for the deficiency and report to the Agency and to the competent authority of the Member State responsible in accordance with point 21L.2, if any, the results of its investigation and any action it is taking or proposes to take to correct that deficiency.
  • (f) If the competent authority finds that an action is required to correct the deficiency, the holder of the type certificate, supplemental type certificate, major repair design approval, or any other relevant certificate deemed to have been issued under this Annex, the declarant of a declaration of design compliance, or the production organisation referred to in point (b) as appropriate, shall submit the relevant data to the competent authority upon its request.

21L.A.4   Airworthiness directives

When an airworthiness directive has to be issued by the Agency in accordance with point 21L.B.23 to correct an unsafe condition, or to require the performance of an inspection, the holder of the type certificate, supplemental type certificate, major repair design approval, or any other relevant certificate deemed to have been issued under this Annex, as well as the declarant of a declaration of design compliance, as applicable, shall:

  • (a) propose the appropriate corrective action or required inspections, or both, and submit details of these proposals to the Agency for approval;
  • (b) following the approval by the Agency of the proposals referred to under point (a), make available to all known operators or owners of the product or part, and, on request, to any person required to comply with the airworthiness directive, appropriate descriptive data and accomplishment instructions.

21L.A.5   Collaboration between design and production

The holder of a type certificate, supplemental type certificate, approval of a change to type certificate or approval of a repair design, the declarant of a declaration of design compliance, and the organisation or the natural or legal person producing products or parts of that specific design shall collaborate so as to ensure that the product or part are in conformity to that design and to ensure the continued airworthiness of the product or part.

21L.A.6   Marking

  • (a) The holder of a type certificate, supplemental type certificate, approval of a change to type certificate or approval of a repair design, or the declarant of a declaration of design compliance shall specify the marking for products or parts in accordance with Subpart Q of this Annex.
  • (b) The organisation or the natural or legal person producing products or parts shall mark these products and parts in accordance with Subpart Q of this Annex.

21L.A.7   Record-keeping

All natural or legal persons who hold or who have applied for a type certificate, supplemental type certificate, repair design approval, or permit to fly, who have declared design compliance, who have issued a declaration of design or production capability, or who produce products or parts under this Regulation shall:

  • (a) when designing a product or part or changes or repairs thereto, establish a record-keeping system that incorporates the requirements imposed on its partners and subcontractors and maintain the relevant design information/data and hold it at the disposal of the Agency in order to provide the information necessary to ensure their continued airworthiness and compliance with the applicable environmental protection requirements;
  • (b) when producing a product or part, establish a record-keeping system and record the details of the work relevant to the conformity of the products or parts, and the requirements imposed on its partners and suppliers, and hold them at the disposal of the competent authority in order to provide the information necessary to ensure the continuing airworthiness of the product and part;
  • (c) with regard to permits to fly, in addition to the record-keeping requirements established in point 21.A.5(c) of Annex I, record any documents produced to demonstrate compliance with the additional requirements established in point 21L.A.241(b), and hold them at the disposal of the Agency and the competent authority;
  • (d) retain records of competence and the qualifications of personnel who are involved in design or production and in the independent function to monitor the compliance, if required by points 21L.A.125(c), 21L.A.175(b) or 21L.A.175(e).

21L.A.8   Manuals

The holder of a type certificate or supplemental type certificate or the declarant of a declaration of design compliance shall produce, maintain and update master copies of all the manuals or variations in the manuals required by the applicable type-certification basis, the applicable detailed technical specifications and the applicable environmental protection requirements for the product or part, and provide copies, on request, to the Agency.

21L.A.9   Instructions for continued airworthiness

  • (a) The holder of a type certificate, supplemental type certificate, design change or repair design approval or the declarant of a declaration of design compliance shall establish the information which is necessary for ensuring that the airworthiness of the aircraft type and any associated part, conforming to that design, is maintained throughout the operational life.
  • (b) The holder of a type certificate, supplemental type certificate, design change or repair design approval or the declarant of a declaration of design compliance shall provide the information established in (a) before that design is released to service.
  • (c) The instructions for continued airworthiness shall be provided by:
    1. the holder of a type certificate or by the declarant of a declaration of design compliance to each known owner of one or more products upon its delivery or upon the issuance of the first certificate of airworthiness or restricted certificate of airworthiness, as applicable, for the affected aircraft, whichever occurs later;
    1. the holder of a type certificate, supplemental type certificate or minor change approval or by the declarant of a declaration of design compliance for a design change to all known operators of the product affected by the change upon the release to service of the modified product;
    1. the holder of a repair design approval or by the declarant of a declaration of design compliance for a repair design to all known operators of the product affected by the repair upon the release to service of the product in which the repair design is embodied. The repaired product or part may be released into service before the related instructions for continued airworthiness have been completed, but this shall be for a limited service period, and in agreement with the Agency.

Thereafter, these certificate holders or declarants shall make this information available on request to any other person required to comply with those instructions for continued airworthiness.

  • (d) By way of derogation from point (b), the type-certificate holder or declarant of a declaration of design compliance may delay the availability of a part of the instructions for continued airworthiness, dealing with long lead accomplishment instructions of a scheduled nature, until after the product or modified product has entered into service, but shall make those instructions available before the use of this data is required for the product or modified product.
  • (e) The design approval holder or declarant of a declaration of design compliance who is required to provide instructions for continued airworthiness in accordance with point (b) shall also make available all the changes to those instructions to all the known operators of the product affected by the change, and, on request, to any other person required to comply with those changes.

21L.A.10   Access and investigation

All natural or legal persons who hold or who have applied for a type certificate, supplemental type certificate, major repair design approval, permit to fly, certificate of airworthiness, restricted certificate of airworthiness, noise certificate or restricted noise certificate, who have declared design compliance, who have declared their design or production capability or who produce aircraft, engines, propellers or parts under Subpart R of this Annex, shall:

  • (a) grant the competent authority access to any facility, product, part, document, record, data, processes, procedures or any other material, and permit the review of any report and make any inspection and perform or witness any test that is necessary to verify the compliance and the continued compliance with the applicable requirements of this Section;
  • (b) if the natural or legal person uses partners, suppliers or subcontractors, make arrangements with them to ensure that the competent authority has access and can investigate as described in point (a).

21L.A.11   Findings and observations

  • (a) After the receipt of the notification of findings, the natural or legal person who holds or who has applied for a type certificate, supplemental type certificate, major repair design approval, permit to fly, certificate of airworthiness, restricted certificate of airworthiness, noise certificate or restricted noise certificate, who has declared design compliance, who has declared their design or production capability or who produces aircraft, engines, propellers or parts under Subpart R of this Annex, shall take the following steps within the time period determined by the competent authority in accordance with point (d) or (e) of point 21L.B.21:
    1. identify the root cause(s) of, and contributing factor(s) to, the non-compliance;
    1. define a corrective action plan and propose it to the competent authority;
    1. demonstrate the implementation of the corrective action(s) to the satisfaction of the competent authority.
  • (b) An observation notified by the competent authority in accordance with point (f) of point 21L.B.21 shall be given due consideration. The natural or legal person shall record the decision taken in respect of those observations.

21L.A.12   Means of compliance

  • (a) A legal or natural person may use any alternative means of compliance to the acceptable means of compliance (AMC) to establish compliance with this Regulation.
  • (b) If a natural or legal person wishes to use an alternative means of compliance, they shall, prior to using it, provide the competent authority with a full description. The description shall include any revisions to manuals or procedures that may be relevant, as well as an explanation indicating how compliance with this Regulation is achieved.
  • (c) The natural or legal person may use those alternative means of compliance subject to prior approval from the competent authority.

SUBPART B –   TYPE CERTIFICATES

21L.A.21   Scope

This Subpart establishes the procedure for applying for type certificates, and establishes the rights and obligations of the applicants for, and holders of, those certificates for products, when the product is one of the following:

  • (a) an aeroplane with a maximum take-off mass (MTOM) of 2 000 kg or less with a seating configuration of maximum four persons;
  • (b) a sailplane or powered sailplane with an MTOM of 2 000 kg or less;
  • (c) a balloon;
  • (d) a hot air airship;
  • (e) a passenger gas airship designed for not more than four persons;
  • (f) a rotorcraft with an MTOM of 1 200 kg or less with a seating configuration of maximum four persons;
  • (g) a piston engine and fixed pitch propeller that are intended to be installed on an aircraft referred to in points (a) to (f). In such cases, the type certificate data sheet shall be appropriately annotated to only permit installation of the engine or propeller on such aircraft;
  • (h) gyroplanes.

21L.A.22   Eligibility

Any natural or legal person who has demonstrated, or is in the process of demonstrating, their design capability in accordance with point 21L.A.23, may apply for a type certificate under the conditions laid down in this Subpart.

21L.A.23   Demonstration of design capability

An applicant for a type certificate shall demonstrate their design capability by:

  • (a) holding a design organisation approval with terms of approval that cover the respective category of the product, issued by the Agency in accordance with Subpart J of Section A of Annex I (Part 21); or
  • (b) declaring their design capability for the type of design work and the category of the product in accordance with Subpart J of this Annex.

21L.A.24   Application for a type certificate

  • (a) An application for a type certificate shall be made in a form and manner established by the Agency.
  • (b) An application for a type certificate shall include as a minimum:
    1. a justification that the application is within the scope as established in point 21L.A.21;
    1. preliminary descriptive data of the product, the intended use, and the kind of operation of the product for which certification is requested;
    1. a proposal for the type-certification basis and the applicable environmental protection requirements, prepared in accordance with the requirements and options specified in points 21L.B.43 and 21L.B.45;
    1. a compliance demonstration plan detailing the means and methods of compliance that shall be updated by the applicant when there are changes to the certification project that affect points (1) to (3) or any changes to the means and methods of compliance.
  • (c) An application for a type certificate shall remain valid for 3 years. In case a type certificate has not been issued within this period, a new application shall be made in accordance with points (a) and (b).

21L.A.25   Demonstration of compliance

  • (a) The applicant for a type certificate shall, following the acceptance of the compliance demonstration plan by the Agency and in accordance with its contents, then:
    1. demonstrate compliance with the applicable type-certification basis as established and notified to the applicant by the Agency in accordance with point 21L.B.43;
    1. demonstrate compliance with the applicable environmental protection requirements as established and notified to the applicant by the Agency in accordance with point 21L.B.45; and
    1. provide the Agency with the means by which such compliance has been demonstrated.
  • (b) The applicant for a type certificate shall provide the Agency with a recorded justification of the means of compliance within compliance documents according to the compliance demonstration plan.
  • (c) When carrying out testing and inspections to demonstrate compliance in accordance with point (a), the applicant shall have verified and documented this verification prior to carrying out any test:
    1. for each test specimen, that:
  • (i) the materials and processes adequately conform to the specifications for the proposed type design;
  • (ii) the constituent parts of the products adequately conform to the drawings in the proposed type design;
  • (iii) the manufacturing processes, construction and assembly adequately conform to those specified in the proposed type design; and
    1. that the test and measuring equipment used for the test were adequate for the test and appropriately calibrated.
  • (d) The flight testing for the purpose of obtaining a type certificate shall be conducted in accordance with the methods for such flight testing specified by the Agency. The applicant for a type certificate shall make all the flight tests necessary to determine compliance with the applicable type-certification basis. The flight tests shall include a period of operation in a final configuration of a sufficient duration to ensure that there will be no safety issues when the aircraft first enters service.
  • (e) An applicant for a type certificate shall allow the Agency to:
    1. review any data and information related to the demonstration of compliance;
    1. witness or carry out any test or inspection conducted for the purpose of the demonstration of compliance;
    1. conduct a physical inspection of the first article of that product in the final configuration to verify the compliance of the design with the type-certification basis and the applicable environmental protection requirements and any other investigation determined in accordance with point 21L.B.46.
  • (f) Upon the completion of the compliance demonstration, the applicant shall declare to the Agency that:
    1. they have demonstrated compliance with the type-certification basis and the applicable environmental protection requirements as established and notified to the applicant by the Agency in accordance with points 21L.B.43 and 21L.B.45, according to the compliance demonstration plan; and
    1. no feature or characteristic has been identified that may make the product unsafe or environmentally incompatible for the uses for which certification is requested.

21L.A.26   Type design

The applicant for a type certificate shall define the product type design to enable its unique and unambiguous identification, consisting of:

  • (a) drawings and specifications and a listing of those drawings and specifications that are necessary to define the configuration and the design features of the product;
  • (b) information on the materials and processes used;
  • (c) information on the methods of manufacture and assembly;
  • (d) any airworthiness limitations;
  • (e) the environmental compatibility requirements; and
  • (f) any other data allowing by comparison the determination of the airworthiness, and, if relevant, the environmental compatibility of later products of the same type.

21L.A.27   Requirements for the issuance of a type certificate

In order to be issued with a type certificate, the applicant shall:

  • (a) demonstrate their design capability in accordance with point 21L.A.23;
  • (b) demonstrate the compliance of the design in accordance with point 21L.A.25;
  • (c) demonstrate, for aircraft type certificates, that the engine or propeller, or both, if installed on the aircraft, have either:
    1. a type certificate issued or determined in accordance with Annex I (Part 21) or issued in accordance with this Annex; or
    1. been included within the application for the aircraft type certificate and the applicant has ensured the compliance of the engine and propeller during the compliance demonstration in point 21L.A.25;
  • (d) demonstrate that there are no unresolved issues from the physical inspection of the first article of that product in the final configuration or any other investigation carried out by the Agency in accordance with points (c) and (d) of point 21L.B.46.

21L.A.28   Obligations of a type-certificate holder

The holder of a type certificate shall undertake the obligations of a type-certificate holder set forth in Subpart A of this Annex and shall continue to comply with the eligibility requirement under point 21L.A.22.

21L.A.29   Transferability of a type certificate

A type certificate may be transferred to a new holder, provided that the Agency has verified, in accordance with point 21L.B.49, that the natural or legal person to whom the type certificate is intended to be transferred is eligible in accordance with point 21L.A.22 to hold a type certificate and is able to undertake the obligations of a type-certificate holder under point 21L.A.28. The holder of the type certificate or the natural or legal person who wishes to adopt the certificate shall apply to the Agency to verify whether these conditions are complied with, in a form and manner established by the Agency.

21L.A.30   Continued validity of a type certificate

  • (a) A type certificate shall remain valid as long as:
    1. the type certificate is not surrendered by the holder;
    1. the holder of the type certificate remains in compliance with the relevant requirements of Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof, taking into account the provisions related to the handling of findings as specified under point 21L.B.21;
    1. the type certificate is not revoked by the Agency in accordance with point 21L.B.22.
  • (b) Upon surrender or revocation, the type certificate shall be returned to the Agency.

SUBPART C –   DECLARATIONS OF AIRCRAFT DESIGN COMPLIANCE

21L.A.41   Scope

  • (a) This Subpart establishes the procedure for declaring the design compliance of aircraft, and establishes the rights and obligations of the persons making such declarations.
  • (b) This Subpart applies to the following categories of aircraft, provided that the design of the aircraft does not include novel or unusual design features:
    1. an aeroplane with a maximum take-off mass (MTOM) of 1 200 kg or less that is not jet-powered, and has a seating configuration of maximum two persons;
    1. a sailplane or powered sailplane with an MTOM of 1 200 kg or less;
    1. a balloon designed for not more than four persons;
    1. a hot air airship designed for not more than four persons.
  • (c) For the purpose of this Subpart, a design feature shall be considered to be novel or unusual if at the time that the declaration of design compliance is made, that design feature is not covered by the detailed technical specifications established and made available by the Agency in accordance with point 21L.B.61.

21L.A.42   Eligibility

Any natural or legal person may declare the compliance of an aircraft design under the conditions laid down in this Subpart.

21L.A.43   Declaration of design compliance

  • (a) Prior to producing an aircraft or agreeing with a production organisation to produce an aircraft, a natural or legal person who designs that aircraft shall declare that its design complies with the applicable detailed technical specifications and the applicable environmental protection requirements referred to in point 21L.A.45.
  • (b) The declaration shall be made in a form and manner established by the Agency and shall contain at least the following information:
    1. the name of the person submitting the declaration, and their address/place of business;
    1. a unique reference for identifying the aircraft;
    1. indication of the applicable detailed technical specifications and the applicable environmental protection requirements according to point 21L.A.45 with which the declarant declares compliance;
    1. a signed statement made under the sole responsibility of the person making the declaration that the design of the aircraft, and if applicable the engine or propeller, is in compliance with the applicable detailed technical specifications and the applicable environmental protection requirements referred to in point 3, according to the compliance demonstration plan referred to in point (c)(3);
    1. a signed statement made under the sole responsibility of the person making the declaration that no features or characteristics have been identified by that person that may make the aircraft unsafe or environmentally incompatible for the intended use;
    1. a signed commitment that the person making the declaration will undertake the obligations referred to in point 21L.A.47;
    1. if the aircraft design covered by the declaration includes an engine or propeller:
  • (i) a reference to the engine or propeller type certificate issued or determined in accordance with Annex I (Part 21) or issued in accordance with this Annex; or
  • (ii) in the case of piston engines and fixed pitch propellers, a statement that the declaration of design compliance of the aircraft covers the compliance of the engine or propeller with the applicable engine or propeller technical specifications;
    1. the instructions for continued airworthiness;
    1. the operating limitations;
    1. the data sheet for airworthiness and, if applicable, emissions;
    1. the data sheet for noise, if applicable;
    1. any other conditions or limitations prescribed for the aircraft, and if applicable the engine or propeller, in the applicable detailed technical specifications and the applicable environmental protection requirements with which the declarant declares compliance.
  • (c) The declarant shall submit the declaration of design compliance referred to in point (b) to the Agency. Together with this declaration, the declarant shall provide to the Agency:
    1. a drawing of the aircraft;
    1. a detailed description of the aircraft design, including all the configurations covered by the declaration, the operating characteristics, design features and any limitations;
    1. a compliance demonstration plan detailing the means by which compliance with the applicable detailed technical specifications and the applicable environmental protection requirements has been demonstrated during compliance demonstration;
    1. recorded justifications of compliance obtained from the compliance activities that have been conducted according to the compliance demonstration plan;
    1. where compliance is demonstrated by carrying out tests, recorded justification of the conformity of the test articles and equipment, demonstrating:
  • (i) for the test specimen, that:
  • (A) the materials and processes adequately conformed to the specifications for the design;
  • (B) the constituent parts of the products adequately conformed to the drawings in the design; and
  • (C) the manufacturing processes, construction and assembly adequately conformed to those specified in the design;
  • (ii) that the test and measuring equipment used for the test were adequate for the test and appropriately calibrated;
    1. reports, results of inspections or tests that the declarant found necessary to determine that the aircraft, and if applicable the engine or propeller, complies with the applicable detailed technical specifications and the applicable environmental protection requirements.

21L.A.44   Compliance activities for a declaration of design compliance

Prior to making a declaration of design compliance in accordance with point 21L.A.43, the declarant responsible for design of that aircraft shall, for that specific aircraft design:

  • (a) establish a compliance demonstration plan detailing the means for compliance demonstration that shall be followed during the compliance demonstration. This document shall be updated as necessary;
  • (b) record the justification of compliance within compliance documents according to the compliance demonstration plan;
  • (c) perform testing and inspections as necessary in accordance with the compliance demonstration plan;
  • (d) ensure and record the conformity of the test articles and equipment and ensure that the test specimen conforms to the specifications, drawings, manufacturing processes, construction and assembly means in the design;
  • (e) ensure that the test and measuring equipment to be used for testing are adequate for testing and appropriately calibrated;
  • (f) allow the Agency to conduct or participate in any inspections or tests of aircraft in the final or suitably mature design and production configuration that are necessary to determine that the product has no feature or characteristic that makes the aircraft unsafe or environmentally incompatible for the intended use;
  • (g) carry out flight testing, in accordance with the methods for such flight testing specified by the Agency, to determine whether the aircraft complies with the applicable detailed technical specifications and the applicable environmental protection requirements. The flight testing shall include a period of operation in the final configuration of a sufficient duration to ensure that there will be no safety issues when the aircraft first enters service.

21L.A.45   Detailed technical specifications and environmental protection requirements that are applicable to aircraft subject to declarations of design compliance

The declarant shall demonstrate the compliance of the aircraft design with the detailed technical specifications and the applicable environmental protection requirements referred to in point 21L.B.61, which are applicable to that aircraft and which are effective on the date on which the declaration of design compliance is made to the Agency.

21L.A.46   Aircraft design data

  • (a) The declarant shall clearly define the aircraft design to enable its unique and unambiguous identification.
  • (b) The aircraft design data that is used by the declarant to uniquely define the aircraft design shall include:
    1. the drawings and specifications and a listing of those drawings and specifications that are necessary to define the configuration and the design features of the product;
    1. information on the materials and processes used;
    1. information on the methods of manufacture and assembly;
    1. any airworthiness limitations;
    1. any environmental compatibility requirements; and
    1. any other data allowing by comparison the determination of the airworthiness and, if relevant, the environmental compatibility of later products of the same type.

21L.A.47   Obligations of the declarant of a declaration of design compliance

The declarant who made a declaration of aircraft design compliance to the Agency in accordance with point 21L.A.43 shall:

  • (a) upon submission of the declaration, arrange for the Agency to conduct a physical inspection and flight tests of the first article of that aircraft in the final or a suitably mature configuration to ensure that the aircraft can achieve an acceptable level of safety and is environmentally compatible;
  • (b) retain all the supporting documents for the declaration of design compliance, and make them available to the Agency upon request;
  • (c) comply with all other obligations applicable to a declarant of a declaration of design compliance set forth in Subpart A of this Annex.

21L.A.48   Non-transferability of a declaration of aircraft design compliance

  • (a) A declaration of aircraft design compliance cannot be transferred.
  • (b) A natural or legal person who is taking over the design of an aircraft for which compliance of the design has been previously declared shall:
    1. submit a new declaration of aircraft design compliance in accordance with this Subpart;
    1. demonstrate that the declarant who previously made a declaration of aircraft design compliance is no longer active or has agreed to the transfer of the aircraft design data;
    1. commit to comply with all the obligations applicable to persons making a declaration of aircraft design compliance set forth in this Subpart as per point 21L.A.47.

SUBPART D –   CHANGES TO TYPE CERTIFICATES

21L.A.61   Scope

This Subpart establishes:

  • (a) the procedure for applying for the approval of changes to type certificates for products certified in accordance with this Annex, provided that the changed product is still within the scope of point 21L.A.21;
  • (b) the rights and obligations of the applicants for, and holders of, those approvals referred to in point (a);
  • (c) provisions regarding the standard changes that do not require an approval.

21L.A.62   Standard changes

  • (a) Standard changes are those changes to a type certificate of a product approved in accordance with Subpart B of Section B of this Annex:
    1. that follow the design data included in the certification specifications issued by the Agency, containing the acceptable methods, techniques and practices for carrying out and identifying standard changes, including the associated instructions for continued airworthiness; and
    1. that are not in conflict with the data of the holder of that type certificate.
  • (b) Points 21L.A.63 to 21L.A.70 are not applicable to standard changes.

21L.A.63   Classification of changes to a type certificate

  • (a) Changes to a type certificate shall be classified as minor or major.
  • (b) A ‘minor change’ is a change that has no appreciable effect on the mass, balance, structural strength, reliability, certified noise or emissions levels, operational characteristics, or other characteristics affecting the airworthiness or the environmental compatibility of the product.
  • (c) All other changes are ‘major changes’, unless the change in design, power, thrust, or mass is so extensive that a substantially complete investigation of compliance with the applicable type-certification basis or with the applicable environmental protection requirements or with the applicable detailed technical specifications is required, in which case the design shall be certified in accordance with Subpart B of this Annex.
  • (d) The requirements for the approval of minor changes are those established in point 21L.A.67.
  • (e) The requirements for the approval of major changes are those established in point 21L.A.68.

21L.A.64   Eligibility

  • (a) Only the type-certificate holder may apply for the approval of a major change to a type certificate under this Subpart; all other applicants for a major change to a type certificate shall apply under Subpart E of this Annex.
  • (b) Any natural or legal person may apply for the approval of a minor change to a type certificate under this Subpart.

21L.A.65   Application for a change to a type certificate

  • (a) An application for the approval of a change to a type certificate shall be made in a form and manner established by the Agency.
  • (b) For a major change to a type certificate, the applicant shall include in the application a compliance demonstration plan for the demonstration of compliance in accordance with point 21L.A.66, along with a proposal for the type-certification basis and the applicable environmental protection requirements, prepared in accordance with the requirements and options specified in point 21L.B.81.

21L.A.66   Demonstration of compliance

  • (a) The applicant for a major change to a type certificate shall demonstrate compliance with the applicable type-certification basis and the applicable environmental protection requirements as established and notified to the applicant by the Agency in accordance with point 21L.B.81, and shall provide the Agency with the means by which such compliance has been demonstrated.
  • (b) The applicant for a major change to a type certificate shall provide the Agency with a recorded justification of the means of compliance according to the compliance demonstration plan.
  • (c) When carrying out testing and inspections to demonstrate compliance in accordance with point (a), the applicant shall have verified and documented this verification prior to carrying out any test:
    1. for the test specimen, that:
  • (i) the materials and processes adequately conform to the specifications for the proposed changed type design;
  • (ii) the constituent parts of the products adequately conform to the drawings in the proposed changed type design;
  • (iii) the manufacturing processes, construction and assembly adequately conform to those specified in the proposed changed type design; and
    1. that the test and measuring equipment used for the test were adequate for the test and appropriately calibrated.
  • (d) The flight testing for the purpose of obtaining an approval of a major change to a type certificate shall be conducted in accordance with the methods for such flight testing specified by the Agency. The applicant for a major change to a type certificate shall make all the flight tests necessary to determine compliance with the applicable type-certification basis and the applicable environmental protection requirements.
  • (e) An applicant for a major change to a type certificate shall allow the Agency to:
    1. review any data and information related to the demonstration of compliance;
    1. witness or carry out any test or inspection conducted for the purpose of the demonstration of compliance; and
    1. if it is considered necessary, conduct a physical inspection of the first article of that product in the final changed configuration to verify the compliance of the design with the type-certification basis and the applicable environmental protection requirements.
  • (f) Upon completion of the compliance demonstration, the applicant shall declare to the Agency that:
    1. they have demonstrated compliance with the type-certification basis and the applicable environmental protection requirements as established and notified to the applicant by the Agency in accordance with point 21L.B.81, according to the compliance demonstration plan; and
    1. no feature or characteristic has been identified that may make the changed product unsafe or environmentally incompatible for the uses for which certification is requested.

21L.A.67   Requirements for the approval of a minor change to a type certificate

In order to be issued with an approval of a minor change to a type certificate, the applicant shall:

  • (a) demonstrate that the change and the areas affected by the change comply:
    1. with the type-certification basis and the applicable environmental protection requirements incorporated by reference in the type certificate; or
    1. if the applicant chooses to, with the certification specifications that are applicable to the product on the date of the application for the change;
  • (b) declare compliance with the type-certification basis and the applicable environmental protection requirements that apply in accordance with point (a)(1), or with the certification specifications chosen in accordance with point (a)(2), record the justifications of compliance in the compliance documents, and record that no feature or characteristic has been identified that may make the changed product unsafe for the uses for which certification is requested;
  • (c) submit to the Agency the justification of compliance for the change and the declaration of compliance.

21L.A.68   Requirements for the approval of a major change to a type certificate

In order to be issued with an approval of a major change to a type certificate, the applicant shall:

  • (a) demonstrate 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 notified to the applicant by the Agency in accordance with point 21L.B.81;
  • (b) demonstrate compliance in accordance with point 21L.A.66;
  • (c) demonstrate that there are no unresolved issues from the physical inspection of the first article of that product in the final changed configuration carried out by the Agency in accordance with point 21L.A.66(e)(3).

21L.A.69   Approval of a change to a type certificate under a privilege

  • (a) The approval of a change to a type certificate that it has designed may be issued by an approved design organisation without an application according to point 21L.A.65 in accordance with the scope of its privileges provided for in points (2) and (8) of point 21.A.263(c) of Annex I (Part 21) instead of the Agency, as recorded in the terms of approval.
  • (b) When issuing an approval of a change to type certificate in accordance with point (a), the design organisation shall:
    1. ensure that all the substantiation data and justifications are available;
    1. ensure that the compliance of the change with the type-certification basis and the applicable environmental protection requirements according to point (a)(1) of point 21L.A.67 or point (a) of point 21L.A.68 has been demonstrated and declared in accordance with point 21L.A.66;
    1. confirm that it 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;
    1. limit the approval of a change to a type certificate to the specific configuration(s) in the type certificate to which the change relates.

21L.A.70   Obligations for minor changes to a type certificate

The holder of an approval of a minor change to a type certificate shall ensure that the obligations for holders of minor change approvals of Subpart A of this Annex are undertaken.

SUBPART E –   SUPPLEMENTAL TYPE CERTIFICATES

21L.A.81   Scope

This Subpart establishes the procedure for natural or legal persons other than the holder of that type certificate for applying for the approval of major changes to type certificates, issued under Annex I (Part 21) or this Annex, of products within the scope of point 21L.A.21, provided that the changed product is still within the scope of that point, and establishes the rights and obligations of the applicants for, and holders of, those certificates.

21L.A.82   Eligibility

Any natural or legal person who has demonstrated, or is in the process of demonstrating, or have declared, their design capability in accordance with point 21L.A.83 may apply for a supplemental type certificate under the conditions laid down in this Subpart.

21L.A.83   Demonstration of design capability

An applicant for a supplemental type certificate shall demonstrate their design capability by:

  • (a) holding a design organisation approval with terms of approval that cover the respective category of product, issued by the Agency in accordance with Subpart J of Section A of Annex I (Part 21); or
  • (b) declaring their design capability for the scope of the product in accordance with Subpart J of this Annex.

21L.A.84   Application for a supplemental type certificate

  • (a) An application for a supplemental type certificate shall be made in a form and manner established by the Agency.
  • (b) When applying for a supplemental type certificate, the applicant shall:
    1. include in the application the information required by point 21L.A.65(b);
    1. specify whether the certification data has been or will be prepared completely by the applicant or on the basis of an arrangement with the owner of the type-certification data.

21L.A.85   Demonstration of compliance

  • (a) The applicant for a supplemental type certificate shall demonstrate compliance with the applicable type-certification basis and the applicable environmental protection requirements as established and notified to the applicant by the Agency in accordance with point 21L.B.101 and shall provide the Agency with the means by which such compliance has been demonstrated.
  • (b) The applicant for a supplemental type certificate shall provide the Agency with a recorded justification of the means of compliance within compliance documents according to the compliance demonstration plan.
  • (c) When carrying out testing and inspections to demonstrate compliance in accordance with point (a), the applicant shall have verified and documented this verification prior to carrying out any test:
    1. for the test specimen, that:
  • (i) the materials and processes adequately conform to the specifications for the proposed changed type design;
  • (ii) the constituent parts of the products adequately conform to the drawings in the proposed changed type design;
  • (iii) the manufacturing processes, construction and assembly adequately conform to those specified in the proposed changed type design; and
    1. that the test and measuring equipment used for the test were adequate for the test and appropriately calibrated.
  • (d) The flight testing for the purpose of obtaining a supplemental type certificate shall be conducted in accordance with the methods for such flight testing specified by the Agency. The applicant for a supplemental type certificate shall make all the flight tests necessary to determine compliance with the applicable type-certification basis.
  • (e) An applicant for a supplemental type certificate shall allow the Agency to:
    1. review any data and information related to the demonstration of compliance;
    1. witness or carry out any test or inspection conducted for the purpose of the demonstration of compliance; and
    1. conduct a physical inspection of the first article of that product in the final changed configuration to verify the compliance of the design with the type-certification basis and the applicable environmental protection requirements.
  • (f) Upon completion of the compliance demonstration, the applicant for a supplemental type certificate shall declare to the Agency that:
    1. it has demonstrated compliance with the type-certification basis and the applicable environmental protection requirements as established and notified to the applicant by the Agency in accordance with points 21L.B.101, according to the compliance demonstration plan; and
    1. no feature or characteristic has been identified that may make the changed product unsafe or environmentally incompatible for the uses for which certification is requested.

21L.A.86   Requirements for approval of a supplemental type certificate

  • (a) In order to be issued with a supplemental type certificate, the applicant shall:
    1. demonstrate their design capability in accordance with point 21L.A.83;
    1. demonstrate that the change to a type certificate and the areas affected by the change comply with the type-certification basis and the applicable environmental protection requirements, as established by the Agency in accordance with point 21L.B.101;
    1. demonstrate compliance in accordance with point 21L.A.85;
    1. if the applicant has specified that they provided certification data on the basis of an arrangement with the owner of the type-certification data in accordance with point 21L.A.84(b), demonstrate that the type-certificate holder:
  • (i) has no technical objection to the information submitted under point 21L.A.65; and
  • (ii) has agreed to collaborate with the applicant to ensure the discharge of all the obligations for continued airworthiness of the changed product through compliance with points 21L.A.28 and 21L.A.88;
    1. demonstrate that there are no unresolved issues from the physical inspection of the first article of that product in the final changed configuration carried out by the Agency in accordance with point 21L.A.85(e)(3).
  • (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.A.87   Approval of a supplemental type certificate under a privilege

  • (a) The approval of a supplemental type certificate for a major change it has designed may be issued by an approved design organisation without an application according to point 21L.A.84 in accordance with the scope of its privileges provided for in point (9) of point 21.A.263(c) of Annex I (Part 21) instead of the Agency, as recorded in the terms of approval.
  • (b) When issuing a supplemental type certificate in accordance with point (a), the design organisation shall:
    1. ensure that all the substantiation data and justifications are available;
    1. ensure that the compliance of the change with the type-certification basis and the applicable environmental protection requirements has been demonstrated and declared;
    1. confirm that it 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;
    1. limit the approval of the supplemental type certificate to the specific configuration(s) in the type certificate to which the change relates.

21L.A.88   Obligations of a holder of a supplemental type certificate

Each holder of a supplemental type certificate shall undertake the obligations of a supplemental type-certificate holder set forth in Subpart A of this Annex and shall continue to comply with the eligibility requirement under point 21L.A.82.

21L.A.89   Transferability of a supplemental type certificate

A supplemental type certificate may be transferred to a new holder, provided that the Agency has verified that the natural or legal person to whom the certificate is intended to be transferred is eligible in accordance with point 21L.A.83 to hold a supplemental type certificate and is able to undertake the obligations of a supplemental type-certificate holder under point 21L.A.88.

21L.A.90   Continued validity of a supplemental type certificate

  • (a) A supplemental type certificate shall remain valid as long as:
    1. the supplemental type certificate is not surrendered by the holder;
    1. the holder of the supplemental type certificate remains in compliance with the relevant requirements of Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof, taking into account the provisions related to the handling of findings as specified under point 21L.B.21;
    1. the supplemental type certificate is not revoked by the Agency in accordance with point 21L.B.22.
  • (b) Upon surrender or revocation, the type certificate shall be returned to the Agency.

21L.A.91   Changes to a part of a product covered by a supplemental type certificate

  • (a) A minor change to a part of a product covered by a supplemental type certificate shall be approved in accordance with Subpart D of this Annex.
  • (b) A major change to that part of a product covered by a supplemental type certificate shall be approved as a separate supplemental type certificate in accordance with this Subpart.
  • (c) By way of derogation from point (b), a major change to that part of a product covered by a supplemental type certificate submitted by the supplemental type-certificate holder may be approved as a change to the existing supplemental type certificate in accordance with points 21L.A.63 to 21L.A.69.

SUBPART F –   CHANGES TO AIRCRAFT FOR WHICH DESIGN COMPLIANCE HAS BEEN DECLARED

21L.A.101   Scope

This Subpart establishes:

  • (a) the procedure for declaring the compliance of a change to the design of an aircraft which was subject to a declaration made in accordance with Subpart C of this Annex;
  • (b) the rights and obligations of the declarant making a declaration of compliance of the change referred to in point (a); and
  • (c) provisions regarding the standard changes that do not require a declaration of design compliance.

21L.A.102   Standard changes

  • (a) Standard changes are changes to the design of an aircraft which was subject to a declaration made in accordance with Subpart C of this Annex and which:
    1. follow the design data included in the certification specifications issued by the Agency, containing the acceptable methods, techniques and practices for carrying out and identifying standard changes, including the associated instructions for continued airworthiness; and
    1. are not in conflict with the design data covered by the declaration of aircraft design compliance made in accordance with Subpart C of this Annex.
  • (b) Points 21L.A.103 to 21L.A.108 are not applicable to standard changes.

21L.A.103   Classification of changes to the design of an aircraft for which design compliance has been declared

  • (a) Changes to the design of an aircraft which was subject to a declaration made in accordance with Subpart C of this Annex shall be classified as minor or major, using the criteria laid down in points 21L.A.63 (b) and (c).
  • (b) The design compliance of a minor change shall be declared in accordance with point 21L.A.105.
  • (c) The design compliance of a major change shall be declared in accordance with point 21L.A.107.

21L.A.104   Eligibility

  • (a) A declarant who made a declaration of aircraft design compliance in accordance with Subpart C of this Annex may declare compliance of a minor change to the design of that aircraft under the conditions laid down in this Subpart. In addition, such a declaration of compliance may also be made, under the conditions laid down in this Subpart, by a design organisation approved in accordance with point (c)(3) of point 21.A.263 of Annex I (Part 21).
  • (b) Only the declarant who made a declaration of aircraft design compliance in accordance with Subpart C of this Annex may declare the compliance of a major change to the design of an aircraft for which design compliance has been declared in accordance with Subpart C of this Annex, under the conditions laid down in this Subpart.
  • (c) By derogation from point (b) of point 21.L.A.104, if the declarant who made a declaration of aircraft design compliance in accordance with Subpart C of this Annex is no longer active or is unresponsive to requests for design changes, the compliance of a changed aircraft design may also be declared in accordance with Subpart C of this Annex by a design organisation approved in accordance with point (c)(4) of point 21.A.263 of Annex I (Part 21) within the scope of their terms of approval, or by any other natural or legal person who is able to undertake the obligations laid down in point 21L.A.47 with respect to that changed aircraft.

21L.A.105   Declaration of design compliance for minor changes

  • (a) Prior to installing or incorporating or agreeing with a production organisation to install or incorporate a minor change to the design of an aircraft for which design compliance has been declared in accordance with Subpart C of this Annex the organisation that has designed that minor change shall declare that the design of that minor change complies with:
    1. either the detailed technical specifications incorporated by reference in the declaration of design compliance of the aircraft, unless those detailed technical specifications or parts of them are no longer applicable in accordance with point 21L.B.61 because the Agency has determined that experience from other similar products in service or products that have similar design features has shown that unsafe conditions may develop, and the detailed technical specifications that were referenced in the declaration of design compliance of the aircraft do not address this unsafe condition, or
    1. the detailed technical specifications applicable, on the date on which the declaration is made in accordance with point 21L.B.61, if chosen by the declarant; and
    1. the applicable environmental protection requirements referred to in point 21L.B.61 which are applicable on the date on which the declaration is made.
  • (b) The declaration of design compliance shall be made in a form and manner established by the Agency.
  • (c) The declarant or the organisation that has designed the minor change shall maintain a register of minor changes to the design of aircraft for which design compliance has been declared, and make any declaration made in accordance with point (a) available to the Agency upon request.

21L.A.106   Obligations of the person making a declaration of compliance of the design of a minor change

Any person that has made a declaration of compliance of a minor change to an aircraft design in accordance with point 21L.A.105 shall:

  • (a) maintain a register of those declarations and shall make those declarations available to the Agency upon request;
  • (b) retain all supporting documents for a declaration of design compliance, and make them available to the Agency upon request;
  • (c) undertake all other obligations of a declarant of a declaration of design compliance set forth in Subpart A of this Annex.

21L.A.107   Declaration of design compliance for a major change

  • (a) Prior to installing or incorporating or agreeing with a production organisation to install or incorporate a major change to the design of an aircraft for which design compliance has been declared in accordance with Subpart C of this Annex, the organisation that has designed that major change shall declare that the design of that major change and the areas affected by that change comply with:
    1. either the detailed technical specifications incorporated by reference in the declaration of design compliance of the aircraft, unless those detailed technical specifications or parts of them are no longer applicable in accordance with point 21L.B.61 because the Agency has determined that experience from other similar products in service or products that have similar design features has shown that unsafe conditions may develop and the detailed technical specifications that were referenced in the declaration of design compliance of the aircraft do not address this unsafe condition, or
    1. the detailed technical specifications applicable on the date on which the declaration is made in accordance with point 21L.B.61, if chosen by the declarant; and
    1. the applicable environmental protection requirements referred to in point 21L.B.61 which are applicable on the date on which the declaration is made.
  • (b) The declaration of design compliance shall be made in a form and manner established by the Agency.
  • (c) The declaration shall contain at least the following information:
    1. the name of the person submitting the declaration, and their address/place of business;
    1. the declaration reference number of the aircraft to which the major change relates;
    1. a unique reference for identifying the major change;
    1. indication of the detailed technical specifications and the applicable environmental protection requirements with which the declarant declares compliance;
    1. a signed statement made under the sole responsibility of the person making the declaration that the design of the major change is in compliance with the detailed technical specifications and the applicable environmental protection requirements referred to in point (4), according to the compliance demonstration plan referred to in point (d)(3);
    1. a signed statement made under the sole responsibility of the person making the declaration that no features or characteristics have been identified by that person that may make the aircraft unsafe or environmentally incompatible for the intended use;
    1. a signed commitment that the person making the declaration will undertake the obligations referred to in point 21L.A.47 in respect of the changed aircraft design;
    1. the instructions for continued airworthiness;
    1. the operating limitations, if changed;
    1. the data sheet for airworthiness and, if applicable, the record of emissions compliance;
    1. the data sheet for noise, if applicable;

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