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Commission Regulation (EU) No 748/2012Show full title

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 (recast) (Text with EEA relevance)

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Commission Regulation (EU) No 748/2012, Division SUBPART B — is up to date with all changes known to be in force on or before 20 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • Annex 1 Subpart J substituted by S.I. 2023/588 reg. 7(8)
  • Annex 1 s. B Subpart B word substituted by S.I. 2019/645 reg. 211 (This amendment not applied to legislation.gov.uk. Reg. 211 omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 11)
  • Annex 1 s. B Subpart M word substituted by S.I. 2019/645 reg. 220 (This amendment not applied to legislation.gov.uk. Reg. 220 omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 14)
  • Annex 1 s. B Subpart O word substituted by S.I. 2019/645 reg. 221(b) (This amendment not applied to legislation.gov.uk. Reg. 221(b) omitted immediately before IP completion day by virtue of S.I. 2020/1116, regs. 1(3), 15)
  • Art. 8(4)(5) inserted by S.I. 2023/588 reg. 3
  • Art. 9(5)(6) inserted by S.I. 2023/588 reg. 4(b)

SUBPART B —TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATESU.K.

21.A.11ScopeU.K.

This Subpart establishes the procedure for issuing type-certificates for products and restricted type-certificates for aircraft, and establishes the rights and obligations of the applicants for, and holders of, those certificates.

21.A.13EligibilityU.K.

Any natural or legal person that has demonstrated, or is in the process of demonstrating, its capability in accordance with point 21.A.14 shall be eligible as an applicant for a type-certificate or a restricted type-certificate under the conditions laid down in this Subpart.

21.A.14Demonstration of capabilityU.K.
[F1(a) An applicant for a type-certificate or restricted type-certificate shall demonstrate its capability by holding a design organisation approval, issued by the [F2CAA] in accordance with Subpart J.]U.K.

Textual Amendments

(b)By way of derogation from point (a), as an alternative procedure to demonstrate its capability, an applicant may seek the agreement of the [F2CAA] for the use of procedures setting out the specific design practices, resources and sequence of activities necessary to comply with this Annex I (Part 21), when the product is one of the following:U.K.
1.

an ELA2 aircraft;

2.

an engine or propeller installed in ELA2 aircraft;

3.

a piston engine;

4.

a fixed or adjustable pitch propeller.

[F1(c) By way of derogation from point (a), an applicant may demonstrate its capability by obtaining the [F2CAA]'s acceptance of its certification programme established in accordance with point 21.A.15(b), where the product to be certified is: U.K.
1.

an ELA1 aircraft; or

2.

an engine or propeller installed in ELA1 aircraft.]

21.A.15ApplicationU.K.
(a)An application for a type-certificate or restricted type-certificate shall be made in a form and manner established by the [F3CAA].U.K.

Textual Amendments

[F1(b) An application for a type-certificate or restricted type-certificate shall include, as a minimum, preliminary descriptive data of the product, the intended use of the product and the kind of operations for which certification is requested. In addition, it shall include, or be supplemented after the initial application, [F4by] a certification programme for the demonstration of compliance in accordance with point 21.A.20, consisting of: U.K.
1.

a detailed description of the type design, including all the configurations to be certified;

2.

the proposed operating characteristics and limitations;

3.

the intended use of the product and the kind of operations for which certification is requested;

4.

a proposal for the initial type-certification basis, operational suitability data certification basis and environmental protection requirements, prepared in accordance with the requirements and options specified in points 21.B.80, 21.B.82 and 21.B.85;

5.

a proposal for a breakdown of the certification programme into meaningful groups of compliance demonstration activities and data, including a proposal for the means of compliance and related compliance documents;

6.

a proposal for the assessment of the meaningful groups of compliance demonstration activities and data, addressing the likelihood of an unidentified non-compliance with the type-certification basis, operational suitability data certification basis or environmental protection requirements and the potential impact of that non-compliance on product safety or environmental protection. The proposed assessment shall take into account at least the elements set out in subpoints (1) to (4) of point 21.B.100(a). Based on this assessment, the application shall include a proposal for the [F5CAA’s] involvement in the verification of the compliance demonstration activities and data; and

7.

a project schedule including major milestones.

Textual Amendments

F5Word in Annex 1 point 21.A.15(b)(6) substituted (31.12.2020) by The Aviation Safety (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1116), regs. 1(2), 61(3)

Textual Amendments

F4Word in Annex 1 point 21.A.15(b) inserted (21.6.2023) by virtue of The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(3)(a)(i)

(c) After its initial submission to the [F3CAA], the certification programme shall be updated by the applicant when there are changes to the certification project affecting any of the points 1 to 7 of point (b). U.K.
(d) An application for a type-certificate or restricted type-certificate for an aircraft shall include, or be supplemented after the initial application, [F6by] an application supplement for approval of the operational suitability data.]U.K.

Textual Amendments

F6Word in Annex 1 point 21.A.15(d) inserted (21.6.2023) by virtue of The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(3)(a)(ii)

[F7(e) An application for a type-certificate or restricted type-certificate for a large aeroplane or a large rotorcraft shall be valid for five years and an application for any other type-certificate or restricted type-certificate shall be valid for three years, unless the applicant demonstrates at the time of application that its product requires a longer time period to demonstrate and declare compliance and the [F3CAA] agrees to that longer time period. U.K.
(f) In the case where a type-certificate or restricted type-certificate has not been issued, or it is evident that it will not be issued, within the time limit provided for in point (e), the applicant may: U.K.
1.

submit a new application and comply with the type-certification basis, operational suitability data certification basis and environmental protection requirements, as established and notified by the [F3CAA] in accordance with points 21.B.80, 21.B.82 and 21.B.85 for the date of the new application; or

2.

apply for an extension of the time period provided for in point (e) and propose a new date for the issuance of the type-certificate or restricted type-certificate. In that case, the applicant shall comply with the type-certification basis, operational suitability data certification basis and environmental protection requirements, as established and notified by the [F3CAA] in accordance with points 21.B.80, 21.B.82 and 21.B.85 for a date to be selected by the applicant. However, that date shall not precede the new date proposed by the applicant for the issuance of the type-certificate or restricted type-certificate by more than five years for an application for a type-certificate or restricted type-certificate for a large aeroplane or a large rotorcraft, and by more than three years for an application for any other type-certificate or restricted type certificate.]

F821.A.16ACertification specificationsU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F821.A.16BSpecial conditionsU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F821.A.17AType-certification basisU.K.
F8(a)The type-certification basis to be notified for the issuance of a type-certificate or a restricted type-certificate shall consist of:U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F8(c)In the case where a type-certificate has not been issued, or it is clear that a type-certificate will not be issued, within the time limit established under point (b), the applicant may:U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F821.A.17BOperational suitability data certification basisU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F821.A.18Designation of applicable environmental protection requirements and certification specificationsU.K.
F8(a)The applicable noise requirements for the issue of a type certificate for an aircraft are prescribed according to the provisions of Chapter 1 of Annex 16, Volume I, Part II to the Chicago Convention and:U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(b)The applicable emission requirements for the issue of a type-certificate for an aircraft and engine are prescribed in Annex 16 to the Chicago Convention:U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
21.A.19Changes requiring a new type-certificateU.K.

Any natural or legal person proposing to change a product shall apply for a new type-certificate if the [F9CAA] finds that the change in design, power, thrust, or mass is so extensive that a substantially complete investigation of compliance with the applicable type-certification basis is required.

Textual Amendments

[F121.A.20 Demonstration of compliance with the type certification basis, operational suitability data certification basis and environmental protection requirements U.K.
(a)

Following the acceptance of the certification programme by the [F10CAA], the applicant shall demonstrate compliance with the type certification basis, operational suitability data certification basis and environmental protection requirements, as established and notified to the applicant by the [F10CAA] in accordance with points 21.B.80, 21.B.82, 21.B.85, and shall provide the [F10CAA] with the means by which such compliance has been demonstrated.

(b)

The applicant shall report to the [F10CAA] any difficulty or event encountered during the process of demonstration of compliance that may have an appreciable effect on the risk assessment under point 21.A.15(b)(6) or on the certification programme, or may otherwise necessitate a change to the level of involvement of the [F10CAA] previously notified to the applicant in accordance with point 21.B.100(c).

(c)

The applicant shall record justifications of compliance within the compliance documents as referred to in the certification programme.

(d)

After completion of all demonstrations of compliance in accordance with the certification programme, including any inspections and tests in accordance with point 21.A.33, and after all flight tests in accordance with point 21.A.35, the applicant shall declare that:

1.

it has demonstrated compliance with the type-certification basis, operational suitability data certification basis and environmental protection requirements, as established and notified by the [F10CAA], following the certification programme as accepted by the [F10CAA]; and

2.

no feature or characteristic has been identified that may make the product unsafe for the uses for which certification is requested.

(e)

The applicant shall submit to the [F10CAA] the declaration of compliance provided for in point (d). Where the applicant holds an appropriate design organisation approval, the declaration of compliance shall be made in accordance with Subpart J and submitted to the [F10CAA].

Textual Amendments

21.A.21 Requirements for the issuance of a type certificate or restricted type certificate U.K.
(a)

In order to be issued a product type certificate or, when the aircraft does not meet the essential requirements of Annex II to Regulation (EU) 2018/1139 an aircraft restricted type certificate, the applicant shall:

1.

demonstrate its capability in accordance with point 21.A.14;

2.

comply with point 21.A.20;

3.

demonstrate that the engine and propeller, if installed in the aircraft:

(A)

have a type-certificate issued or determined in accordance with this Regulation; or

(B)

have been demonstrated to be in compliance with the aircraft type-certification basis established and the environmental protection requirements designated and notified by the [F11CAA] as necessary to ensure the safe flight of the aircraft.

(b)

By derogation from point (a)(2), at the applicant's request included in the declaration referred to in point 21.A.20(d), the applicant is entitled to have the aircraft type-certificate or restricted type-certificate issued before the applicant has demonstrated compliance with the operational suitability data certification basis, provided that the applicant demonstrates such compliance before the date at which those data are to be actually used.]

Textual Amendments

F821.A.23Issue of a restricted type-certificateU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21.A.31Type designU.K.
(a)The type design shall consist of:U.K.
1.

the drawings and specifications, and a listing of those drawings and specifications, necessary to define the configuration and the design features of the product shown to comply with the applicable type-certification basis and environmental protection requirements;

2.

information on materials and processes and on methods of manufacture and assembly of the product necessary to ensure the conformity of the product;

3.

[F12an approved airworthiness limitations section of the instructions for continued airworthiness as defined by the applicable certification specifications; and]

4.

[F1any other data allowing by comparison the determination of the airworthiness and, if relevant, the environmental characteristics of later products of the same type.]

(b)Each type design shall be adequately identified.U.K.
[F121.A.33 Inspections and tests U.K.
(a)

(Reserved)

(b)

Before each test is undertaken during the demonstration of compliance required by point 21.A.20, the applicant shall have verified:

1.

for the test specimen, that:

(i)

the materials and processes adequately conform to the specifications for the proposed type design;

(ii)

the parts of the products adequately conform to the drawings in the proposed type design; and

(iii)

the manufacturing processes, construction and assembly adequately conform to those specified in the proposed type design; and

2.

for the test and measuring equipment to be used for the test, that those are adequate for the test and appropriately calibrated.

(c)

On the basis of the verifications carried out in accordance with point (b), the applicant shall issue a statement of conformity listing any potential non-conformity, together with a justification that this will not affect the test results, and shall allow the [F13CAA] to make an inspection it considers necessary to check the validity of that statement.

(d)

The applicant shall allow the [F13CAA] to:

1.

review any data and information related to the demonstration of compliance; and

2.

witness or carry out any test or inspection conducted for the purpose of the demonstration of compliance.

(e)

For all the tests and inspections witnessed or carried out by the [F13CAA] in accordance with point (d)(2):

1.

the applicant shall submit to the [F13CAA] a statement of conformity provided for in point (c); and

2.

no change that affects the validity of the statement of conformity shall be made to the test specimen, or the test and measuring equipment, between the time the statement of conformity provided for in point (c) was issued and the time the test specimen is presented to the [F13CAA] for test.]

Textual Amendments

21.A.35Flight TestsU.K.
(a)Flight testing for the purpose of obtaining a type-certificate shall be conducted in accordance with conditions for such flight testing specified by the [F14CAA].U.K.

Textual Amendments

(b)The applicant shall make all flight tests that the [F14CAA] finds necessary:U.K.
1.

to determine compliance with the applicable type-certification basis and environmental protection requirements; and

2.

to determine whether there is reasonable assurance that the aircraft, its parts and appliances are reliable and function properly for aircraft to be certificated under this Annex I (Part 21), except for,

(i)

sailplanes and powered sailplanes;

(ii)

balloons and airships defined in ELA1 or ELA2;

(iii)

aeroplanes of 2 722 kg or less maximum take-off mass (MTOM).

(c)(Reserved)U.K.
(d)(Reserved)U.K.
(e)(Reserved)U.K.
(f)The flight tests prescribed in point (b)(2) shall include:U.K.
1.

for aircraft incorporating turbine engines of a type not previously used in a type-certificated aircraft, at least 300 hours of operation with a full complement of engines that conform to a type-certificate; and

2.

for all other aircraft, at least 150 hours of operation.

[F121.A.41 Type-certificate U.K.

The type-certificate and restricted type-certificate shall include the type design, the operating limitations, the type-certificate data sheet for airworthiness and emissions, the applicable type-certification basis and environmental protection requirements with which the [F15CAA] records compliance, and any other conditions or limitations prescribed for the product in the applicable certification specifications and environmental protection requirements. The aircraft type-certificate and restricted type-certificate shall include in addition the applicable operational suitability data certification basis, the operational suitability data and the type-certificate data sheet for noise. The aircraft type-certificate and restricted type-certificate data sheet shall include the record of CO 2  emissions compliance and the engine type-certificate data sheet shall include the record of exhaust emissions compliance.]

Textual Amendments

21.A.44Obligations of the holderU.K.

Each holder of a type-certificate or restricted type-certificate shall:

(a)

[F16undertake the obligations laid down in points 21.A.3A to 21.A.8, 21.A.62 and 21.A.65 and, for this purpose, must continue to meet the qualification requirements for eligibility under point 21.A.13;]

(b)

specify the marking in accordance with Subpart Q.

Textual Amendments

F16Annex 1 point 21.A.44(a) substituted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(3)(c)

21.A.47TransferabilityU.K.

Transfer of a type-certificate or restricted type-certificate may only be made to a natural or legal person that is able to undertake the obligations under point 21.A.44, and, for this purpose, has demonstrated its ability to qualify under the criteria of point 21.A.14.

21.A.51Duration and continued validityU.K.
(a)A type-certificate and restricted type-certificate shall be issued for an unlimited duration. They shall remain valid subject to:U.K.
1.

the holder remaining in compliance with this Annex 1 (Part 21); and

2.

the certificate not being surrendered or revoked under the applicable administrative procedures established by the [F17CAA].

Textual Amendments

(b)Upon surrender or revocation, the type-certificate and restricted type-certificate shall be returned to the [F17CAA].U.K.
[F1221.A.55 Record-keeping U.K.

All relevant design information, drawings and test reports, including inspection records for the product tested, shall be held by the type-certificate or restricted type-certificate holder at the disposal of the [F18CAA] and shall be retained in order to provide the information necessary to ensure the continued airworthiness, continued validity of the operational suitability data and compliance with applicable environmental protection requirements of the product.]

Textual Amendments

[F1221.A.57 Manuals U.K.

The holder of a type-certificate or restricted type-certificate shall produce, maintain and update master copies of all manuals required by the applicable type-certification basis, the applicable operational suitability data certification basis and environmental protection requirements for the product, and provide copies, on request, to the [F19CAA].]

Textual Amendments

21.A.61Instructions for continued airworthinessU.K.
(a)The holder of the type-certificate or restricted type-certificate shall furnish at least one set of complete instructions for continued airworthiness, comprising descriptive data and accomplishment instructions prepared in accordance with the applicable type-certification basis, to each known owner of one or more aircraft, engine or propeller upon its delivery or upon issue of the first certificate of airworthiness for the affected aircraft, whichever occurs later and thereafter make those instructions available on request to any other person required to comply with any of the terms of those instructions. The availability of some manual or portion of the instructions for continued airworthiness, dealing with overhaul or other forms of heavy maintenance, may be delayed until after the product has entered into service, but shall be available before any of the products reaches the relevant age or flight-hours/cycles.U.K.
(b)In addition, changes to the instructions for continued airworthiness shall be made available to all known operators of the product and shall be made available on request to any person required to comply with any of those instructions. A programme showing how changes to the instructions for continued airworthiness are distributed shall be submitted to the [F20CAA].U.K.

Textual Amendments

[F2121.A.62 Availability of operational suitability data U.K.

The holder of the type-certificate or restricted type-certificate shall make available:

(a)

at least one set of complete operational suitability data prepared in accordance with the applicable operational suitability certification basis, to all known [F22United Kingdom operators] of the aircraft, before the operational suitability data must be used by a training organisation or [F23a United Kingdom operator]; and

(b)

any change to the operational suitability data to all known [F24United Kingdom operators] of the aircraft; and

(c)

on request, the relevant data referred to in points (a) and (b) above, to:

1.

[F25the CAA; and]

2.

any person required to comply with one or more elements of this set of operational suitability data.]

[F2621.A.65Continuing structural integrity for aeroplane structuresU.K.

The holder of a type-certificate or restricted type-certificate for a large aeroplane must ensure that the continuing structural integrity programme remains valid throughout the operational life of the aeroplane, taking into account service experiences and current operations.]

Textual Amendments

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