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

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

21.A.11 Scope U.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.13 Eligibility U.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.14 Demonstration of capability U.K.

(a) Any organisation applying for a type-certificate or restricted type-certificate shall demonstrate its capability by holding a design organisation approval, issued by the Agency in accordance with Subpart J. U.K.

(b) By way of derogation from point (a), as an alternative procedure to demonstrate its capability, an applicant may seek the agreement of the Agency 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.

(c) By way of derogation from point (a), an applicant may choose for demonstration of capability by providing the Agency with the certification programme required by point 21.A.20(b) when the product is one of the following: U.K.

1.

an ELA1 aircraft;

2.

an engine or propeller installed in an ELA1 aircraft.

21.A.15 Application U.K.

(a) An application for a type-certificate or restricted type-certificate shall be made in a form and manner established by the Agency. U.K.

(b) An application for an aircraft type-certificate or restricted type-certificate shall be accompanied by a three-view drawing of that aircraft and preliminary basic data, including the proposed operating characteristics and limitations. U.K.

(c) An application for an engine or propeller type-certificate shall be accompanied by a general arrangement drawing, a description of the design features, the operating characteristics, and the proposed operating limitations, of the engine, or propeller. U.K.

[F1 (d) An application for a type-certificate or restricted type-certificate for an aircraft shall include, or be supplemented with, after the initial application, the application for approval of operational suitability data, consisting of, as applicable: U.K.

1.

the minimum syllabus of pilot type rating training, including determination of type rating;

2.

the definition of scope of the aircraft validation source data to support the objective qualification of simulator(s) associated to the pilot type rating training, or provisional data to support their interim qualification;

3.

the minimum syllabus of maintenance certifying staff type rating training, including determination of type rating;

4.

determination of type or variant for cabin crew and type specific data for cabin crew;

5.

the master minimum equipment list; and

6.

other type-related operational suitability elements.]

Textual Amendments

F1 Inserted 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).

[F2 21.A.16A Certification specifications U.K.

The Agency shall issue in accordance with Article 19 of Regulation (EC) No 216/2008 certification specifications, including certification specifications for operational suitability data, as standard means to demonstrate compliance of products, parts and appliances with the relevant essential requirements of Annex I, III and IV to Regulation (EC) No 216/2008. Such specifications shall be sufficiently detailed and specific to indicate to applicants the conditions under which certificates will be issued, amended or supplemented.]

Textual Amendments

F2 Substituted 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).

[F2 21.A.16B Special conditions U.K.

(a)

The Agency shall prescribe special detailed technical specifications, named special conditions, for a product if the related certification specifications do not contain adequate or appropriate safety standards for the product, because:

1.

the product has novel or unusual design features relative to the design practices on which the applicable certification specifications are based; or

2.

the intended use of the product is unconventional; or

3.

experience from other similar products in service or products having similar design features, has shown that unsafe conditions may develop.

(b)

The special conditions shall contain such safety standards as the Agency finds necessary to establish a level of safety equivalent to that established in the applicable certification specifications.]

[F2 21.A.17A Type-certification basis] U.K.

(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.

1.

[F2 the applicable certification specifications established by the Agency that are effective on the date of application for that certificate unless:

(i)

otherwise specified by the Agency; or

(ii)

compliance with certification specifications of later effective amendments is chosen by the applicant or required under points (c) and (d);]

2.

any special condition prescribed in accordance with point 21.A.16B(a).

(b) An application for type-certification of large aeroplanes and large rotorcraft shall be effective for five years and an application for any other type-certificate shall be effective for three years, unless an applicant shows at the time of application that its product requires a longer period of time for design, development, and testing, and the Agency approves a longer period. U.K.

(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.

1.

file a new application for a type-certificate and comply with all the provisions of point (a) applicable to an original application; or

2.

[F2 file for an extension of the original application and comply with the applicable certification specifications that were effective on a date, to be selected by the applicant, not earlier than the date which precedes the date of issue of the type-certificate by the time limit established under point (b) for the original application.]

(d) If an applicant chooses to comply with a certification specification of an amendment to the airworthiness codes that is effective after the filing of the application for a type-certificate, the applicant shall also comply with any other certification specification that the Agency finds is directly related. U.K.

[F1 21.A.17B Operational suitability data certification basis U.K.

(a)

The Agency shall notify to the applicant the operational suitability data certification basis. It shall consist of:

1.

the applicable certification specifications for operational suitability data issued in accordance with point 21.A.16A that are effective on the date of application or application supplement, unless:

(i)

the Agency accepts other means to demonstrate compliance with the relevant essential requirements of Annexes I, III and IV to Regulation (EC) No 216/2008; or

(ii)

compliance with certification specifications of later effective amendments is chosen by the applicant;

2.

any special condition prescribed in accordance with point 21.A.16B(a).

(b)

If an applicant chooses to comply with an amendment to the certification specifications that is effective after the filing of the application for a type-certificate, the applicant shall also comply with any other certification specification that the Agency finds is directly related.]

21.A.18 Designation of applicable environmental protection requirements and certification specifications U.K.

(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.

1.

for subsonic jet aeroplanes, in Volume I, Part II, Chapters 2, 3 and 4, as applicable;

2.

for propeller-driven aeroplanes, in Volume I, Part II, Chapters 3, 4, 5, 6 and 10, as applicable;

3.

for helicopters, in Volume I, Part II, Chapters 8 and 11, as applicable; and

4.

for supersonic aeroplanes, in Volume I, Part II, Chapter 12, as applicable.

(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.

1.

for prevention of intentional fuel venting, in Volume II, Part II, Chapter 2;

2.

for emissions of turbo-jet and turbofan engines intended for propulsion only at subsonic speeds, in Volume II, Part III, Chapter 2; and

3.

for emissions of turbo-jet and turbofan engines intended for propulsion only at supersonic speeds, in Volume II, Part III, Chapter 3.

(c) The Agency shall issue, in accordance with Article 19 of Regulation (EC) No 216/2008, certification specifications providing for acceptable means to demonstrate compliance with the noise and the emission requirements laid down in points (a) and (b) respectively. U.K.

21.A.19 Changes requiring a new type-certificate U.K.

Any natural or legal person proposing to change a product shall apply for a new type-certificate if the Agency 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.

21.A.20 [F2 Compliance with the type-certification basis, operational suitability data certification basis and environmental protection requirements] U.K.

[F2 (a) The applicant for a type-certificate or a restricted type-certificate shall demonstrate compliance with the applicable type-certification basis, the applicable operational suitability data certification basis and environmental protection requirements and shall provide the Agency with the means by which such compliance has been demonstrated.] U.K.

(b) The applicant shall provide the Agency with a certification programme detailing the means for compliance demonstration. This document shall be updated as necessary during the certification process. U.K.

(c) The applicant shall record justification of compliance within compliance documents according to the certification programme established under point (b). U.K.

(d) The applicant shall declare that it has demonstrated compliance with the applicable type-certification basis and environmental protection requirements, according to the certification programme established under point (b). U.K.

(e) Where the applicant holds an appropriate design organisation approval, the declaration of point (d) shall be made according to the provisions of Subpart J. U.K.

21.A.21 Issue of a type-certificate U.K.

The applicant shall be entitled to have a product type-certificate issued by the Agency after:

(a)

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

(b)

submitting the declaration referred to in point 21.A.20(d); and

(c)

it is shown that:

1.

[F2 the product to be certificated meets the applicable type-certification basis and environmental protection requirements designated in accordance with point 21.A.17A and 21.A.18;]

2.

any airworthiness provisions not complied with are compensated for by factors that provide an equivalent level of safety;

3.

no feature or characteristic makes it unsafe for the uses for which certification is requested; and

4.

the type-certificate applicant has expressly stated that it is prepared to comply with point 21.A.44.

(d)

In the case of an aircraft type-certificate, the engine or propeller, or both, if installed in the aircraft, have a type-certificate issued or determined in accordance with this Regulation[F2 ;]

(e)

[F1 In the case of an aircraft type-certificate, it is demonstrated that the operational suitability data meets the applicable operational suitability data certification basis designated in accordance with 21.A.17B;

(f)

By derogation from point (e), and at the request of the applicant included in the declaration referred to in point 21.A.20(d), an aircraft type-certificate may be issued before compliance with the applicable operational suitability data certification basis has been demonstrated, subject to the applicant demonstrating compliance with the operational suitability data certification basis before the operational suitability data must actually be used.]

[F2 21.A.23 Issue of a restricted type-certificate U.K.

(a)

For an aircraft that does not meet the provisions of point 21.A.21(c), the applicant shall be entitled to have a restricted type-certificate issued by the Agency after:

1.

complying with the appropriate type-certification basis established by the Agency ensuring adequate safety with regard to the intended use of the aircraft, and with the applicable environmental protection requirements;

2.

expressly stating that it is prepared to comply with point 21.A.44;

3.

in the case of an aircraft restricted type-certificate, it is demonstrated that the operational suitability data meets the applicable operational suitability data certification basis designated in accordance with point 21.A.17B.

(b)

By derogation from point 3 of point (a), and at the request of the applicant included in the declaration referred to in point 21.A.20(d), a restricted type-certificate may be issued before compliance with the applicable operational suitability data certification basis has been demonstrated, subject to the applicant demonstrating compliance with the operational suitability data certification basis before the operational suitability data must actually be used.

(c)

The engine or propeller installed in the aircraft, or both, shall:

1.

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

2.

have been shown to be in compliance with the certification specifications necessary to ensure safe flight of the aircraft.]

21.A.31 Type design U.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.

[F2 an approved airworthiness limitations section of the instructions for continued airworthiness as defined by the applicable certification specifications; and]

4.

any other data necessary to allow by comparison, the determination of the airworthiness, the characteristics of noise, fuel venting, and exhaust emissions (where applicable) of later products of the same type.

(b) Each type design shall be adequately identified. U.K.

21.A.33 Inspection and tests U.K.

(a) The applicant shall perform all inspections and tests necessary to demonstrate compliance with the applicable type-certification basis and environmental protection requirements. U.K.

(b) Before each test required by point (a) is undertaken, the applicant shall have determined: U.K.

1.

for the test specimen:

(i)

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

(ii)

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

(iii)

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

2.

that the test equipment and all measuring equipment used for tests are adequate for the test and are appropriately calibrated.

(c) The applicant shall allow the Agency to make any inspection necessary to check compliance with point (b). U.K.

(d) The applicant shall allow the Agency to review any report and make any inspection and to perform or witness any flight and ground test necessary to check the validity of the declaration of compliance submitted by the applicant under point 21.A.20(d) and to determine that no feature or characteristic makes the product unsafe for the uses for which certification is requested. U.K.

(e) For tests performed or witnessed by the Agency under point (d): U.K.

1.

the applicant shall submit to the Agency a statement of compliance with point (b); and

2.

no change relating to the test that would affect the statement of compliance may be made to a product, part or appliance between the time compliance with point (b) is shown and the time it is presented to the Agency for test.

21.A.35 Flight Tests U.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 Agency. U.K.

(b) The applicant shall make all flight tests that the Agency 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.

[F2 21.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 Agency 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, in addition, shall both include the applicable operational suitability data certification basis, the operational suitability data and the type-certificate data sheet for noise. The engine type-certificate data sheet shall include the record of emission compliance.]

21.A.44 Obligations of the holder U.K.

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

(a)

[F2 undertake the obligations laid down in points 21.A.3A, 21.A.3B, 21.A.4, 21.A.55, 21.A.57, 21.A.61 and 21.A.62; and, for this purpose, shall continue to meet the qualification requirements for eligibility under point 21.A.14; and]

(b)

specify the marking in accordance with Subpart Q.

21.A.47 Transferability U.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.51 Duration and continued validity U.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 Agency.

(b) Upon surrender or revocation, the type-certificate and restricted type-certificate shall be returned to the Agency. U.K.

[F2 21.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 Agency 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.]

[F2 21.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 Agency.]

21.A.61 Instructions for continued airworthiness U.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 Agency. U.K.

[F1 21.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 EU operators of the aircraft, before the operational suitability data must be used by a training organisation or an EU operator; and

(b)

any change to the operational suitability data to all known EU operators of the aircraft; and

(c)

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

1.

the competent authority responsible for verifying conformity with one or more elements of this set of operational suitability data; and

2.

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