(i)

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

(ii)

the definition of scope of the aircraft validation source data to support the objective qualification of simulators or the provisional data to support their interim qualification;

(iii)

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

(iv)

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

(v)

the master minimum equipment list;’

‘(a)

‘(c)

‘(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, a certification programme for the demonstration of compliance in accordance with point 21.A.20, consisting of:

(c)

After its initial submission to the Agency, 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).

(d)

An application for a type-certificate or restricted type-certificate for an aircraft shall include, or be supplemented after the initial application, an application supplement for approval of the operational suitability data.’;

‘(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 Agency agrees to that longer time period.

(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:

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 Agency, following the certification programme as accepted by the Agency; and

2.

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

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:

1.

for the test specimen, that:

2.

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

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.

1.

the applicant shall submit to the Agency 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 Agency for test.’;

1.

a description of the change identifying:

2.

an identification of any reinvestigations necessary to demonstrate compliance of the change and areas affected by the change with the type-certification basis, operational suitability data certification basis and environmental protection requirements; and

3.

for a major change to a type-certificate:

1.

submit a new application for a change to the type-certificate and comply with the type-certification basis, operational suitability data certification basis and environmental protection requirements, as established by the Agency in accordance with point 21.A.101 and notified in accordance with point 21.B.105 for the date of the new application; or

2.

apply for an extension of the time period provided for in the first sentence of point (c) for the original application and propose a new date for the issuance of the approval. In that case, the applicant shall comply with the type-certification basis, operational suitability data certification basis and environmental protection requirements, as established by the Agency in accordance with point 21.A.101 and notified in accordance with point 21.B.105, 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 approval 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.’;

1.

the Agency; or

2.

an approved design organisation within the scope of its privileges provided for in points (1) and (2) of point 21.A.263(c), as recorded in the terms of approval.

1.

when it has been demonstrated that the change and areas affected by the change comply with the type-certification basis and the environmental protection requirements incorporated by reference in the type-certificate;

2.

in the case of a change affecting the operational suitability data, when it has been demonstrated that the necessary changes to the operational suitability data comply with the operational suitability data certification basis incorporated by reference in the type-certificate;

3.

when compliance with the type-certification basis that applies in accordance with point (1) has been declared and the justifications of compliance have been recorded in the compliance documents; and

4.

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

1.

the Agency; or

2.

an approved design organisation within the scope of its privileges provided for in points (1) and (8) of point 21.A.263(c), as recorded in the terms of approval.

1.

when it has been demonstrated that the change and areas affected by the change comply with the type-certification basis and environmental protection requirements, as established by the Agency in accordance with point 21.A.101;

2.

in the case of a change affecting the operational suitability data, when it has been demonstrated that the necessary changes to the operational suitability data meet the operational suitability data certification basis, as established by the Agency in accordance with point 21.A.101; and

3.

when compliance with points (1) and (2) has been demonstrated in accordance with point 21.A.20, as applicable to the change.

1.

a change that the Agency finds not to be significant. In determining whether a specific change is significant, the Agency shall consider the change in the context of all previous relevant design changes and all related revisions to the applicable certification specifications incorporated by reference in the type-certificate for the product. Changes meeting one of the following criteria shall automatically be considered significant:

2.

each area, system, part or appliance that the Agency finds not affected by the change;

3.

each area, system, part or appliance that is affected by the change for which the Agency finds that compliance with the certification specifications referred to in point (a) does not contribute materially to the level of safety of the changed product or is impractical.

1.

in the case of a type-certificate:

2.

in the case of a restricted type-certificate, adequate with regard to the intended use.

‘(a)

‘(c)

‘(b)

‘(c)

1.

the Agency; or

2.

an approved design organisation within the scope of its privileges provided for in points (1) and (9) of point 21.A.263(c), as recorded in the terms of approval.

1.

the applicant has demonstrated its capability in accordance with point 21.A.112B;

2.

it has been demonstrated that the change to a type-certificate and areas affected by the change comply with the type-certification basis and the environmental protection requirements, as established by the Agency in accordance with point 21.A.101;

3.

in the case of a supplemental type-certificate affecting the operational suitability data, it has been demonstrated that the necessary changes to the operational suitability data meet the operational suitability data certification basis, as established by the Agency in accordance with point 21.A.101;

4.

compliance with points (2) and (3) has been demonstrated in accordance with point 21.A.20, as applicable to the change; and

5.

in case the applicant has specified that it provided certification data on the basis of an arrangement with the owner of the type-certification data in accordance with point 21.A.113(b):

1.

for each product, part or appliance, a statement that the product, part or appliance conforms to the approved design data and is in condition for safe operation;

2.

for each aircraft, a statement that the aircraft has been ground- and flight-checked in accordance with point 21.A.127(a);

3.

for each engine, or variable pitch propeller, a statement that the engine or variable pitch propeller has been subjected by the manufacturer to a final functional test in accordance with point 21.A.128;

4.

additionally, in the case of environmental requirements:

1.

the production organisation is in receipt of such data from the Agency, and from the holder of, or applicant for, the type-certificate, restricted type-certificate or design approval, including any exemption granted against the CO2 production cut-off requirements, to determine conformity with the applicable design data;

2.

the production organisation has established a procedure to ensure that airworthiness and environmental data are correctly incorporated in its production data and,

3.

such data are kept up to date and made available to all personnel who need access to such data to perform their duties.

1.

a manager has been nominated by the production organisation, and is accountable to the competent authority. His or her responsibilities within the organisation shall consist of ensuring that all production is performed to the required standards and that the production organisation is continuously in compliance with the data and procedures identified in the exposition referred to in point 21.A.143;

2.

a person or group of persons have been nominated by the production organisation to ensure that the organisation is in compliance with the requirements of this Annex (Part 21), and are identified, together with the extent of their authority. Such person(s) shall act under the direct authority of the accountable manager referred to in point (1). The person(s) nominated shall be able to show the appropriate knowledge, background and experience to discharge their responsibilities;

3.

staff at all levels have been given appropriate authority to be able to discharge their allocated responsibilities and that there is full and effective coordination within the production organisation in respect of airworthiness and environmental data matters.’;

1.

the class of airworthiness certificate applied for;

2.

with regard to new aircraft:

3.

with regard to used aircraft:

‘(a)

‘(c)

After receipt of notification of findings under the applicable administrative procedures established by the Agency:

(d)

In cases of “level 1” or “level 2” findings, the design organisation approval may be subject to a partial or full suspension or revocation under the applicable administrative procedures established by the Agency. In that case, the holder of a design organisation approval shall provide confirmation of receipt of the notice of suspension or revocation of the design organisation approval in a timely manner.’;

1.

to classify changes to a type-certificate or to a supplemental type-certificate and repair designs as “major” or “minor”;

2.

to approve minor changes to a type-certificate or to a supplemental type-certificate and minor repair designs;

3.

(Reserved);

4.

(Reserved);

5.

to approve certain major repair designs under Subpart M to products or auxiliary power units (APUs);

6.

to approve for certain aircraft the flight conditions under which a permit to fly can be issued in accordance with point 21.A.710(a)(2), except for permits to fly to be issued for the purpose of point 21.A.701(a)(15);

7.

to issue a permit to fly in accordance with point 21.A.711(b) for an aircraft it has designed or modified, or for which it has approved, in accordance with point 21.A.263(c)(6), the flight conditions under which the permit to fly can be issued, and where the holder of a design organisation approval itself:

8.

to approve certain major changes to a type-certificate under Subpart D; and

9.

to issue certain supplemental type-certificates under Subpart E and approve certain major changes to those certificates.’;

‘(a)

‘(c)

A “repair” means the elimination of damage and/or restoration to an airworthy condition following the initial release to service by the manufacturer of any product, part or appliance.

(d)

The elimination of damage by replacement of parts or appliances without the necessity for design activity shall be considered as a maintenance task and shall therefore require no approval under this Annex.’;

‘(f)

‘(a)

‘(c)

1.

a description of the damage and repair design identifying the configuration of the type design upon which the repair is made;

2.

an identification of all areas of the type design and the approved manuals that are changed or affected by the repair design;

3.

an identification of any reinvestigations necessary to demonstrate compliance of the repair design and areas affected by the repair design with the type-certification basis incorporated by reference in, as applicable, either the type-certificate, the supplemental type-certificate or the APU ETSO authorisation;

4.

any proposed amendments to the type-certification basis incorporated by reference in, as applicable, either the type-certificate, the supplemental type-certificate or the APU ETSO authorisation;

5.

a proposal for a breakdown of the certification programme into meaningful groups of compliance demonstration activities and data, including the means and process proposed to be followed to demonstrate compliance with point 21.A.433(a)(1) and references to 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 and the potential impact of that non-compliance on product safety. The proposed assessment shall take into account at least the elements set out in subpoints (1)-(4) of point 21.B.100(a). Based on this assessment, the application shall include a proposal for the Agency's involvement in the verification of the compliance demonstration activities and data; and

7.

the specification whether the certification data is prepared completely by the applicant or on the basis of an arrangement with the owner of the type-certification data.’;

1.

when it has been demonstrated, following the certification programme referred to in point 21.A.432C(b), that the repair design complies with the type-certification basis incorporated by reference in, as applicable, either the type-certificate, the supplemental type-certificate or the APU ETSO authorisation, as well as with any amendments established and notified by the Agency in accordance with point 21.B.450;

2.

when compliance with the type-certification basis that applies in accordance with point (a)(1) has been declared and the justifications of compliance have been recorded in the compliance documents;

3.

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

4.

where the applicant has specified that it provided certification data on the basis of an arrangement with the owner of the type-certification data in accordance with point 21.A.432C(b)(7):

1.

the Agency; or

2.

an approved design organisation within the scope of its privileges provided for in points (1), (2) and (5) of point 21.A.263(c), as recorded in the terms of approval.’;

1.

a certification programme for the ETSO authorisation, setting out the means to demonstrate compliance with point 21.A.606(b);

2.

a statement of compliance certifying that the applicant has met the requirements of this Subpart;

3.

a declaration of design and performance (DDP), stating that the applicant has demonstrated that the article complies with the applicable ETSO in accordance with the certification programme;

4.

a copy of the technical data required in the applicable ETSO;

5.

the exposition, or a reference to the exposition, referred to in point 21.A.143 for the purpose of obtaining an appropriate production organisation approval under Subpart G or the manual, or a reference to the manual, referred to in point 21.A.125A(b) for the purpose of manufacturing under Subpart F without production organisation approval;

6.

for an APU, the handbook, or a reference to the handbook, referred to in point 21.A.243 for the purpose of obtaining an appropriate design organisation approval under Subpart J;

7.

for all other articles, the procedures, or a reference to the procedures, referred to in point 21.A.602B(b)(2);

1.

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

2.

the intended use of the product is unconventional; or

3.

experience from other similar products in service or products having similar design features or newly identified hazards have shown that unsafe conditions may develop.

1.

the applicant chooses to comply, or is required to comply in accordance with point 21.A.15(f), with certification specifications which became applicable after the date of the application; If an applicant chooses to comply with a certification specification which became applicable after the date of the application, the Agency shall include in the type-certification basis any other certification specification that is directly related; or

2.

the Agency accepts any alternative to a designated certification specification that cannot be complied with, for which compensating factors have been found that provide an equivalent level of safety; or

3.

the Agency accepts or prescribes other means that:

1.

the applicant chooses to comply, or in accordance with point 21.A.15(f) is required to comply with certification specifications which became applicable after the date of the application; If an applicant chooses to comply with a certification specification which became applicable after the date of the application, the Agency shall include in the type-certification basis any other certification specification that is directly related; or

2.

the Agency accepts or prescribes alternative means to demonstrate compliance with the relevant essential requirements of Annexes II, IV and V to Regulation (EU) 2018/1139.

1.

for subsonic jet aeroplanes, in Chapters 2, 3, 4 and 14;

2.

for propeller-driven aeroplanes in Chapters 3, 4, 5, 6, 10, and 14;

3.

for helicopters, in Chapters 8 and 11;

4.

for supersonic aeroplanes, in Chapter 12; and

5.

for tilt rotors, in Chapter 13.

1.

for smoke and gaseous emissions of turbojet and turbofan engines intended for propulsion only at subsonic speeds, in Chapter 2;

2.

for smoke and gaseous emissions of turbojet and turbofan engines intended for propulsion at supersonic speeds, in Chapter 3;and

3.

for particulate matter emissions of turbojet and turbofan engines intended for propulsion only at subsonic speeds, in Chapter 4.

1.

for subsonic jet aeroplanes, in Chapter 2; and

2.

for subsonic propeller-driven aeroplanes, in Chapter 2.

—

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,

1.

novel or unusual features of the certification project, including operational, organisational and knowledge management aspects;

2.

complexity of the design and/or demonstration of compliance;

3.

criticality of the design or technology and the related safety and environmental risks, including those identified on similar designs; and

4.

performance and experience of the design organisation of the applicant in the domain concerned.

1.

the applicant has complied with point 21.A.21;

2.

the Agency, through verifications of the demonstration of compliance in accordance with its involvement determined pursuant to point 21.B.100, has not found any non-compliance with the type-certification basis, the operational suitability data certification basis where applicable in accordance with point 21.B.82, and the environmental protection requirements; and

3.

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

1.

the applicant for an approval has complied with:

2.

the Agency, through its verification of the demonstration of compliance in accordance with the level of its involvement determined pursuant to point (a) or (b) of point 21.B.100 has not found any non-compliance with the type-certification basis, operational suitability data certification basis where applicable in accordance with point 21.B.82, and environmental protection requirements; and

3.

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

1.

the applicant has complied with point 21.A.115(b);

2.

the Agency, through its verification of the demonstration of compliance in accordance with the level of involvement established pursuant to point 21.B.100(a), has not found any non-compliance with the type-certification basis, operational suitability data certification basis where applicable in accordance with point 21.B.82, and environmental protection requirements; and

3.

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

1.

upon presentation of the documentation required by point 21.A.174(b)(2);

2.

where the competent authority of the Member State of registry is satisfied that the aircraft conforms to an approved design and is in a condition for safe operation; this may include inspections by the competent authority of the Member State of registry; and

3.

where the competent authority of the Member State of registry is satisfied that the aircraft is in compliance with the applicable CO2 emissions requirements on the date on which the certificate of airworthiness is first issued.

1.

upon presentation of the documentation required by point 21.A.174(b)(3) demonstrating that:

2.

where the competent authority of the Member State of registry is satisfied that the aircraft conforms to an approved design and is in a condition for safe operation; this may include inspections by the competent authority of the Member State of registry and;

3.

where the competent authority of the Member State of registry is satisfied that the aircraft was in compliance with the applicable CO2 emissions requirements on the date on which the certificate of airworthiness was first issued.’

1.

the applicant has demonstrated its capability in accordance with point 21.A.432B;

2.

the applicant has complied with point 21.A.433;

3.

the Agency, through its verification of the demonstration of compliance in accordance with the level of involvement established pursuant to point 21.B.100(a), has not found any non-compliance with the type-certification basis and environmental protection requirements; and

4.

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