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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.
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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.
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.
Textual Amendments
F2Word in Annex 1 point 21.A.14 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
an ELA2 aircraft;
an engine or propeller installed in ELA2 aircraft;
a piston engine;
a fixed or adjustable pitch propeller.
an ELA1 aircraft; or
an engine or propeller installed in ELA1 aircraft.]
Textual Amendments
F3Word in Annex 1 point 21.A.15 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
a detailed description of the type design, including all the configurations to be certified;
the proposed operating characteristics and limitations;
the intended use of the product and the kind of operations for which certification is requested;
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;
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;
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
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)
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)
Textual Amendments
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
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.]
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Textual Amendments
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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
F9Word in Annex 1 point 21.A.19 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
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.
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).
The applicant shall record justifications of compliance within the compliance documents as referred to in the certification programme.
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:
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
no feature or characteristic has been identified that may make the product unsafe for the uses for which certification is requested.
Textual Amendments
F10Word in Annex 1 point 21.A.20 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
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:
demonstrate its capability in accordance with point 21.A.14;
comply with point 21.A.20;
demonstrate that the engine and propeller, if installed in the aircraft:
have a type-certificate issued or determined in accordance with this Regulation; or
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.
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
F11Word in Annex 1 point 21.A.21 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
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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;
information on materials and processes and on methods of manufacture and assembly of the product necessary to ensure the conformity of the product;
[F12an approved airworthiness limitations section of the instructions for continued airworthiness as defined by the applicable certification specifications; and]
[F1any other data allowing by comparison the determination of the airworthiness and, if relevant, the environmental characteristics of later products of the same type.]
Textual Amendments
F12Substituted by Commission Regulation (EU) No 69/2014 of 27 January 2014 amending Regulation (EU) No 748/2012 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 (Text with EEA relevance).
(Reserved)
Before each test is undertaken during the demonstration of compliance required by point 21.A.20, the applicant shall have verified:
for the test specimen, that:
the materials and processes adequately conform to the specifications for the proposed type design;
the parts of the products adequately conform to the drawings in the proposed type design; and
the manufacturing processes, construction and assembly adequately conform to those specified in the proposed type design; and
for the test and measuring equipment to be used for the test, that those are adequate for the test and appropriately calibrated.
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.
The applicant shall allow the [F13CAA] to:
review any data and information related to the demonstration of compliance; and
witness or carry out any test or inspection conducted for the purpose of the demonstration of compliance.
For all the tests and inspections witnessed or carried out by the [F13CAA] in accordance with point (d)(2):
the applicant shall submit to the [F13CAA] a statement of conformity provided for in point (c); and
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
F13Word in Annex 1 point 21.A.33 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F14Word in Annex 1 point 21.A.35 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
to determine compliance with the applicable type-certification basis and environmental protection requirements; and
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,
sailplanes and powered sailplanes;
balloons and airships defined in ELA1 or ELA2;
aeroplanes of 2 722 kg or less maximum take-off mass (MTOM).
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
for all other aircraft, at least 150 hours of operation.
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
F15Word in Annex 1 point 21.A.41 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Each holder of a type-certificate or restricted type-certificate shall:
[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;]
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)
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.
the holder remaining in compliance with this Annex 1 (Part 21); and
the certificate not being surrendered or revoked under the applicable administrative procedures established by the [F17CAA].
Textual Amendments
F17Word in Annex 1 point 21.A.51 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
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
F18Word in Annex 1 point 21.A.55 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
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
F19Word in Annex 1 point 21.A.57 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F20Word in Annex 1 point 21.A.61 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
The holder of the type-certificate or restricted type-certificate shall make available:
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
any change to the operational suitability data to all known [F24United Kingdom operators] of the aircraft; and
on request, the relevant data referred to in points (a) and (b) above, to:
[F25the CAA; and]
any person required to comply with one or more elements of this set of operational suitability data.]
Textual Amendments
F22Words in Annex 1 point 21.A.62(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(3)(a)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F23Words in Annex 1 point 21.A.62(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(3)(a)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F24Words in Annex 1 point 21.A.62(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
F25Annex 1 point 21.A.62(c)(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 196(3)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F21Inserted by Commission Regulation (EU) No 69/2014 of 27 January 2014 amending Regulation (EU) No 748/2012 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 (Text with EEA relevance).
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
F26Annex 1 point 21.A.65 inserted (21.6.2023) by The Aviation Safety (Amendment) Regulations 2023 (S.I. 2023/588), regs. 1(2), 6(3)(f)
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