Commission Delegated Regulation (EU) 2023/1028 of 20 March 2023 amending Regulation (EU) No 748/2012 as regards the definition of complex motor-powered aircraft 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 airworthiness and environmental certification of products, parts and appliances of civil aircraft, such as engines, propellers and parts to be installed therein, for the purposes of Regulation (EU) 2018/1139.

(2) Article 140(2) of Regulation (EU) 2018/1139 requires the implementing rules adopted on the basis of Regulation (EC) No 216/2008 of the European Parliament and of the Council (3) to be adapted to Regulation (EU) 2018/1139 no later than 12 September 2023. Regulation (EU) No 748/2012 should therefore be amended to introduce the definition of ‘complex motor-powered aircraft’.

(3) Commission Delegated Regulation (EU) 2022/1358 (4) amended Article 3 of Regulation (EU) No 748/2012 to update the references to Annex I of Regulation (EU) No 748/2012. Article 1, point (5) of Delegated Regulation (EU) 2022/1358 inadvertently stated that it replaced paragraphs 3 and 4 of Article 3 of Regulation (EU) No 748/2012. In fact, it should have replaced paragraphs 2 and 3 of that Article. The whole of Article 3 of Regulation (EU) No 748/2012 should now be replaced to avoid confusion.

(4) Article 1, point (6) of Delegated Regulation (EU) 2022/1358 inadvertently stated that it replaced paragraph 3 of Article 8 of Regulation (EU) No 748/2012. In fact, Article 8(3) of Regulation (EU) No 748/2012 is considered to be important for the correct functioning of Regulation (EU) No 748/2012 and should have been retained. Therefore, the original Article 8(3) should be reintroduced as a new paragraph 6.

(5) Article 1, point (8) of Delegated Regulation (EU) 2022/1358 inadvertently stated that it replaced paragraphs 2 and 3 of Article 9 of Regulation (EU) No 748/2012. In fact, those provisions are considered to be important for the correct functioning of Regulation (EU) No 748/2012 and should have been retained. The whole of Article 9 of Regulation (EU) No 748/2012 should now be replaced to avoid confusion.

(6) Regulation (EU) No 748/2012 should therefore be amended and corrected accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 1(2) of Regulation (EU) No 748/2012, the following point (ha) is inserted:

Article 2

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

(2) in Article 8, the following paragraph 6 is added: ‘6.   Design organisation approvals issued or recognised by a Member State in accordance with the JAA requirements and procedures and valid before 28 September 2003 shall be deemed to comply with 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 25 August 2023.

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

Done at Brussels, 20 March 2023.

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 (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (OJ L 79, 19.3.2008, p. 1).

(4) 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 (OJ L 205, 5.8.2022, p. 7).