28.4.2021 |
EN |
Official Journal of the European Union |
L 145/1 |
COMMISSION DELEGATED REGULATION (EU) 2021/699
of 21 December 2020
amending and correcting Regulation (EU) No 748/2012 as regards the instructions for continued airworthiness, the production of parts to be used during maintenance and the consideration of ageing aircraft aspects during certification
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) thereof,
Whereas:
(1) |
Commission Regulation (EU) No 748/2012 (2) lays down the requirements for the development and availability of instructions for continued airworthiness, for the production of parts and appliances to be installed in civil aircraft, for design approval holders to produce the data, procedures, instructions and manuals necessary to ensure the continued airworthiness of a civil aircraft, as well as for the approval of changes and repairs to type certificates and restricted type certificates. |
(2) |
Instructions for continued airworthiness have to be developed by design approval holders as part of the product or part certification which, if properly implemented, should ensure that the product or part remains airworthy during its intended life. As the existing rules are not clear enough, type-certificate holders may interpret differently what is a complete set of instructions for continued airworthiness and to what level they are required to control the data that constitutes the instructions for continued airworthiness. |
(3) |
Therefore, it is necessary to provide a definition for ‘instructions for continued airworthiness’ and to establish instructions for continued airworthiness as part of the type certificate in order to strengthen their control by the design approval holder, including the amendments to the instructions for continued airworthiness. |
(4) |
The requirements for record keeping, manuals and instructions for continued airworthiness are spread among the various subparts of Annex I (Part 21) to Regulation (EU) No 748/2012, leading to duplication of similar requirements. Therefore, those requirements should be merged into a single requirement for each of those subjects. |
(5) |
A part or appliance is only eligible for installation in a type-certified product, when it is in a condition for safe operation and an EASA Form 1 is issued to certify that the part or appliance was manufactured in conformity with approved design data, unless it is a standard part or it meets certain requirements and is installed in an ELA 1 or in an ELA 2. |
(6) |
An EASA Form 1 can only be issued by a production organisation which is approved in accordance with Subpart G of Annex I (Part 21) to Regulation (EU) No 748/2012, or which demonstrates the conformity of parts and appliances with the applicable design data in accordance with the procedures established in Subpart F of Annex I (Part 21) to Regulation (EU) No 748/2012. In the latter case, the EASA Form 1 issued by the production organisation also has to be validated by the competent authority. For parts and appliances for which their effect on the safety of the operation of aircraft is negligible in case of non-conformity with their design, a high production standard, as certified with an EASA Form 1, does not provide additional safety for air operations, and the issuance of an EASA Form 1 creates an unnecessary administrative burden. |
(7) |
Therefore, it should be permitted to produce certain parts and appliances without the need to certify their conformity with the approved design data through the issuance of an EASA Form 1, as well as to permit the installation of such parts and appliances in type-certified products. |
(8) |
Any aircraft could be considered to be ageing from the moment of its manufacture. The ageing of an aircraft depends on such factors as age, the number of flight cycles and the number of flight hours. Service experience has shown that there is a need to continuously update knowledge about the structural integrity of ageing aircraft. Commission Implementing Regulation (EU) 2020/1159 (3) introduced new requirements for aircraft in service in order to keep up to date knowledge about ageing factors on the basis of real-time operational experience and with the use of modern tools of analysis and testing. Those requirements should ensure that design approval holders follow procedures, produce the data and make instructions and manuals for existing design available to operators for them to implement in a timely manner in order to prevent ageing structure failures. |
(9) |
When the structure of a type-certified large aeroplane is modified and after complying with Implementing Regulation (EU) 2020/1159, the approval of such future changes or repairs is not subject to these requirements for continuing structural integrity. Furthermore, when a new type certificate or restricted type certificate for large aeroplanes is applied for, no requirement exists to ensure that the continuing structural integrity programme remains valid throughout the operational life of the aeroplane. |
(10) |
Therefore, it is necessary to amend existing rules to achieve the same level of safety when large aeroplane structure will be subject to future structural changes or repairs developed and approved in accordance with Regulation (EU) No 748/2012, and to add a requirement that any future holder of the type-certificate or restricted type-certificate for a large aeroplane shall ensure that the continuing structural integrity programme remains valid throughout the operational life of the aeroplane. |
(11) |
Furthermore, the recent Commission Implementing Regulation (EU) 2019/1383 (4) introduced a rule that the person or organisation that conducts an airworthiness review on aircraft subject to requirements set out in Annex Vb (Part-ML) to Commission Regulation (EU) No 1321/2014 (5) also issues the Airworthiness Review Certificate (ARC). Points 21.A.174 and 21.B.325 of Annex I to Regulation (EU) No 748/2012 should therefore be amended to align with the requirements set out in Regulation (EU) No 1321/2014. |
(12) |
Furthermore, the term ‘continued airworthiness’ is not used consistently in Regulation (EU) No 748/2012, when referring to the data established by the design approval holder. Therefore, it is necessary to correct points 21.A.181, 21.A.211 and 21.A.431B of Annex I to Regulation (EU) No 748/2012. |
(13) |
Commission Delegated Regulation (EU) 2019/897 (6) amended points 21.A.15, 21.A.93 and 21.A.432C of Annex I to Regulation (EU) No 748/2012. In points (b) and (d) of point 21.A.15, in point (b) of point 21.A.93 and in point (b) of point 21.A.432C a grammatical error occurred when referring to the possibility of supplementing the initial application later with the certification programme. Regulation (EU) No 748/2012 should therefore be corrected. |
(14) |
In order to ensure the proper implementation of this Regulation, Member States and affected stakeholders should be given sufficient time to adapt their procedures to the new regulatory framework before this Regulation applies. |
(15) |
The measures provided for in this Regulation are in accordance with Opinions 12/2016 (7) and 07/2019 (8) of the European Union Aviation Safety Agency submitted pursuant to Article 76(1) of Regulation (EU) 2018/1139, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 748/2012 is amended as follows:
(1) |
in Article 9, paragraph 1 is replaced by the following: ‘1. An organisation responsible for the manufacture of products, parts and appliances shall demonstrate its capability in accordance with the provisions of Annex I (Part 21). This demonstration of capability is not required for the parts or appliances that an organisation manufactures which, in accordance with the provisions of Annex I (Part 21), are eligible for installation in a type-certified product without the need to be accompanied by an authorised release certificate (i.e. EASA Form 1).’; |
(2) |
Annex I is amended in accordance with Annex I to this Regulation. |
Article 2
Annex I to Regulation (EU) No 748/2012 is corrected in accordance with Annex II to 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.
This Regulation shall apply from 18 May 2022, with the exception of Article 2 and point 4, point 6, point 9 and point 15 of Annex I which shall apply from 18 May 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2020.
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) Commission Implementing Regulation (EU) 2020/1159 of 5 August 2020 amending Regulation (EU) No 1321/2014 and (EU) 2015/640 as regards the introduction of new additional airworthiness requirements (OJ L 257, 6.8.2020, p. 14).
(4) Commission Implementing Regulation (EU) 2019/1383 of 8 July 2019 amending and correcting Regulation (EU) No 1321/2014 as regards safety management systems in continuing airworthiness management organisations and alleviations for general aviation aircraft concerning maintenance and continuing airworthiness management (OJ L 228, 4.9.2019, p. 1).
(5) Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1).
(6) Commission Delegated Regulation (EU) 2019/897 of 12 March 2019 amending Regulation (EU) No 748/2012 as regards the inclusion of risk-based compliance verification in Annex I and the implementation of requirements for environmental protection (OJ L 144, 3.6.2019, p. 1).
(7) Opinion 12/2016: Ageing aircraft structures.
(8) Opinion 07/2019: Instructions for continued airworthiness – Installation of parts and appliances that are released without an EASA Form 1 or equivalent.
ANNEX I
Annex I (Part 21) to Regulation (EU) No 748/2012 is amended as follows:
(1) |
the table of contents is replaced by the following: ‘Contents
SECTION A – TECHNICAL REQUIREMENTS SUBPART A – GENERAL PROVISIONS
SUBPART B – TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES
(SUBPART C – NOT APPLICABLE) SUBPART D – CHANGES TO TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES
SUBPART E – SUPPLEMENTAL TYPE-CERTIFICATES
SUBPART F – PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL
SUBPART G – PRODUCTION ORGANISATION APPROVAL
SUBPART H – CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS
SUBPART I – NOISE CERTIFICATES
SUBPART J – DESIGN ORGANISATION APPROVAL
SUBPART K – PARTS AND APPLIANCES
(SUBPART L – NOT APPLICABLE) SUBPART M – REPAIRS
(SUBPART N – NOT APPLICABLE) SUBPART O – EUROPEAN TECHNICAL STANDARD ORDER AUTHORISATIONS
SUBPART P – PERMIT TO FLY
SUBPART Q – IDENTIFICATION OF PRODUCTS, PARTS AND APPLIANCES
SECTION B – PROCEDURES FOR COMPETENT AUTHORITIES SUBPART A – GENERAL PROVISIONS
SUBPART B – TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES
(SUBPART C – NOT APPLICABLE) SUBPART D – CHANGES TO TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES
SUBPART E – SUPPLEMENTAL TYPE-CERTIFICATES
SUBPART F – PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL
SUBPART G – PRODUCTION ORGANISATION APPROVAL
SUBPART H – CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS
SUBPART I – NOISE CERTIFICATES
SUBPART J – DESIGN ORGANISATION APPROVAL SUBPART K – PARTS AND APPLIANCES (SUBPART L – NOT APPLICABLE) SUBPART M – REPAIRS
(SUBPART N – NOT APPLICABLE) SUBPART O – EUROPEAN TECHNICAL STANDARD ORDER AUTHORISATIONS
SUBPART P – PERMIT TO FLY
SUBPART Q – IDENTIFICATION OF PRODUCTS, PARTS AND APPLIANCES Appendices Appendix I – EASA Form 1 – Authorised Release Certificate; Appendix II – EASA Forms 15 – Airworthiness Review Certificate; Appendix III – EASA Form 20a – Permit to Fly; Appendix IV – EASA Form 20b – Permit to Fly (issued by approved organisations); Appendix V – EASA Form 24 – Restricted Certificate of Airworthiness; Appendix VI – EASA Form 25 – Certificate of Airworthiness; Appendix VII – EASA Form 45 – Noise Certificate; Appendix VIII – EASA Form 52 – Aircraft Statement of Conformity; Appendix IX – EASA Form 53 – Certificate of Release to Service; Appendix X – EASA Form 55 – Production Organisation Approval Certificate; Appendix XI – EASA Form 65 – Letter of Agreement for production without production organisation approval; Appendix XII – Categories of flight tests and associated flight test crew qualification 85.’; |
(2) |
the following points 21.A.5, 21.A.6 and 21.A.7 are inserted: ‘21.A.5 Record-keeping All relevant design information, drawings and test reports, including inspection records for the product or article tested for the purpose of certification, shall be held by the holder of a type-certificate, restricted type-certificate, supplemental type-certificate, design change or repair design approval or of an ETSO authorisation 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 the compliance with the applicable environmental protection requirements of the product or the article. 21.A.6 Manuals The holder of a type-certificate, restricted type-certificate, or supplemental type-certificate shall produce, maintain and update master copies of all manuals or variations in the manuals required by the applicable type-certification basis, the applicable operational suitability data certification basis and the environmental protection requirements for the product or article, and provide copies, on request, to the Agency. 21.A.7 Instructions for continued airworthiness
|
(3) |
point 21.A.41 is replaced by the following: ‘21.A.41 Type-certificate The type-certificate and restricted type-certificate shall include the type design, the operating limitations, the instructions for continued airworthiness, 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 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 CO2 emissions compliance and the engine type-certificate data sheet shall include the record of exhaust emissions compliance.’; |
(4) |
point 21.A.44 is replaced by the following: ‘21.A.44 Obligations of the holder Each holder of a type-certificate or restricted type-certificate shall:
As from 18 May 2022, the obligation to comply with the obligations listed under point (a) shall be understood as referring to points 21.A.3A, 21.A.3B, 21.A.4, 21.A.5, 21.A.6, 21.A.7, 21.A.62 and 21.A.65; and, for this purpose, each holder of a type-certificate or restricted type-certificate shall continue to meet the qualification requirements for eligibility under point 21.A.14. |
(5) |
points 21.A.55, 21.A.57 and 21.A.61 are deleted; |
(6) |
the following point 21.A.65 is inserted: ‘21.A.65 Continuing structural integrity for aeroplanes structures The holder of the type-certificate or restricted type-certificate for a large aeroplane shall ensure that the continuing structural integrity programme remains valid throughout the operational life of the aeroplane, taking into account service experience and current operations’; |
(7) |
in point 21.A.90B(a), point 2 is replaced by the following:
|
(8) |
the following point 21.A.90C is inserted: ‘21.A.90C Stand-alone changes to the Instructions for Continued Airworthiness
|
(9) |
point 21.A.101 is amended as follows:
|
(10) |
points 21.A.105 and 21.A.107 are deleted; |
(11) |
in point 21.A.109, point (a) is replaced by the following:
|
(12) |
in point 21.A.118A, point (a)(1) is replaced by the following:
|
(13) |
points 21.A.119 and 21.A.120A are deleted; |
(14) |
point 21.A.307 is replaced by the following: ‘21.A.307 The eligibility of parts and appliances for installation
(*2) Commission Regulation (EU) No 379/2014 of 7 April 2014 amending Commission Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 123, 24.4.2014, p. 1).’." |
(15) |
in point 21.A.433, point (a) is amended as follows:
|
(16) |
points 21.A.447 and 21.A.449 are deleted; |
(17) |
point 21.A.451 is amended as follows:
|
(18) |
in point 21.A.609, point (b) is replaced by the following:
|
(19) |
point 21.A.613 is deleted; |
(20) |
point 21.A.804 is replaced by the following: ‘21.A.804 Identification of parts and appliances
|
(*1) Commission Regulation (EU) 2015/640 of 23 April 2015 on additional airworthines specifications for a given type of operationss and amending Regulation (EU) No 965/2012 (OJ L 106, 24.4.2015, p. 18)’.
(*2) Commission Regulation (EU) No 379/2014 of 7 April 2014 amending Commission Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 123, 24.4.2014, p. 1).’.’
ANNEX II
Annex I (Part 21) to Regulation (EU) No 748/2012 is corrected as follows:
(1) |
point 21.A.15 is corrected as follows:
|
(2) |
point 21.A.93 is corrected as follows:
|
(3) |
in point 21.A.174, point (ii) of point (b)(3) is replaced by the following:
(*1) Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1).’;" |
(4) |
in point 21.A.181, point (1) of point (a) is replaced by the following:
|
(5) |
in point 21.A.211, point (1) of point (a) is replaced by the following:
|
(6) |
in point 21.A.431B, point (2) of point (a) is replaced by the following:
|
(7) |
in point 21.A.432C, the first paragraph of point (b) is replaced by the following:
|
(8) |
in point 21.A.711, point (d) is replaced by the following:
|
(9) |
in point 21.B.325, point (c) is replaced by the following:
|
(10) |
in Appendix II, EASA 15c – Airworthiness review certificate is replaced by the following: ‘Airworthiness Review Certificate – EASA Form 15c NOTE: persons and organisations performing the airworthiness review in combination with the 100-h/annual inspection may use the reverse side of this form in order to issue the CRS referred to in point ML.A.801 corresponding to the 100-h/annual inspection.
EASA Form 15c, Issue 4’. |
(*1) Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1).’;’