（CS-21）.

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21A.41 Type-certificate

The type-certificate and restricted type-certificate are both considered to 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, both include the type-certificate data sheet for noise.

The engine type-certificate data sheet includes the record of emission compliance.

L 243/22 EN Official Journal of the European Union 27.9.2003

21A.44 Obligations of the holder

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

(a) undertake the obligations laid down in 21A.3, 21A.3B, 21A.4, 21A.55, 21A.57 and 21A.61; and, for this purpose,

shall continue to meet the qualification requirements for eligibility under 21A.14; and

(b) specify the marking in accordance with Subpart Q.

21A.47 Transferability

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 21A.44, and, for this purpose, has demonstrated its ability to qualify under the criteria

of 21A.14.

21A.51 Duration and continued validity

(a) A type-certificate and restricted type-certificate shall be issued for an unlimited duration. They shall remain valid

subject to:

1. The holder remaining in compliance with this Part; 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.

21A.55 Record keeping

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 and compliance with applicable environmental

protection requirements of the product.

21A.57 Manuals

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 and environmental protection requirements for the product,

and provide copies, on request, to the Agency.

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21A.61 Instructions for continued airworthiness

(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.

(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.

27.9.2003 EN Official Journal of the European Union L 243/23

(SUBPART C — NOT APPLICABLE)

SUBPART D — CHANGES TO TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES

21A.90 Scope

This Subpart establishes the procedure for the approval of changes to type designs and type-certificates, and establishes

the rights and obligations of the applicants for, and holders of, those approvals. In this Subpart, references to type-certificates

include type-certificate and restricted type-certificate.

21A.91 Classification of changes in type design

Changes in type design are classified as minor and major. A ‘minor change’ is one that has no appreciable effect on the

mass, balance, structural strength, reliability, operational characteristics, noise, fuel venting, exhaust emission, or other

characteristics affecting the airworthiness of the product. Without prejudice to 21A.19, all other changes are ‘major

changes’ under this Subpart. Major and minor changes shall be approved in accordance with 21A.95 or 21A.97 as

appropriate, and shall be adequately identified.

21A.92 Eligibility

(a) Only the type-certificate holder may apply for approval of a major change to a type design under this Subpart; all

other applicants for a major change to a type design shall apply under Subpart E.

(b) Any natural or legal person may apply for approval of a minor change to a type design under this Subpart.

21A.93 Application

An application for approval of a change to a type design shall be made in a form and manner established by the Agency

and shall include:

(a) A description of the change identifying

1. All parts of the type design and the approved manuals affected by the change; and

2. The certification specifications and environmental protection requirements with which the change has been

designed to comply in accordance with 21A.101.

(b) Identification of any re-investigations necessary to show compliance of the changed product with the applicable

certification specifications and environmental protection requirements.

21A.95 Minor changes

Minor changes in a type design shall be classified and approved either:

(a) By the Agency; or

(b) By an appropriately approved design organisation under a procedure agreed with the Agency.

21A.97 Major changes

(a) An applicant for approval of a major change shall:

1. Submit to the Agency substantiating data together with any necessary descriptive data for inclusion in the type

design;

2. Show that the changed product complies with applicable certification specifications and environmental protection

requirements, as specified in 21A.101;

3. Declare that it has shown compliance with the applicable type-certification basis and environmental protection

requirements and shall provide to the Agency the basis on which such a declaration is made; and

4. Where the applicant holds an appropriate design organisation approval, make the declaration of subparagraph

(a)(3) according to the provisions of Subpart J;

5. Comply with 21A.33 and, where applicable, 21A.35.

(b) Approval of a major change in a type design is limited to that or those specific configuration(s) in the type design

upon which the change is made.

L 243/24 EN Official Journal of the European Union 27.9.2003

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21A.101 Designation of applicable certification specifications and environmental protection requirements

(a) An applicant for a change to a type-certificate shall demonstrate that the changed product complies with the

airworthiness code that is applicable to the changed product and that is in effect at the date of the application for

the change, and with the applicable environmental protection requirements laid down in 21A.18.

(b) By derogation from paragraph (a), an applicant may show that the changed product complies with an earlier amendment

of the airworthiness code defined in paragraph (a), and of any other certification specification the Agency finds

is directly related. However, the earlier amended airworthiness code may not precede the corresponding airworthiness

code incorporated by reference in the type-certificate. The applicant may show compliance with an earlier

amendment of an airworthiness code for any of the following:

1. A change that the Agency finds not to be significant. In determining whether a specific change is significant, the

Agency considers the change in context with all previous relevant design changes and all related revisions to the

applicable certification specifications incorporated in the type-certificate for the product. Changes that meet one

of the following criteria are automatically considered significant:

(i) The general configuration or the principles of construction are not retained.

(ii) The assumptions used for certification of the product to be changed do not remain valid.

2. Each area, system, part or appliance that the Agency finds is 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 an airworthiness code described in paragraph (a) would not contribute materially to the level of safety of the

changed product or would be impractical.

(c) An applicant for a change to an aircraft (other than a rotorcraft) of 2 722 kg (6 000 lbs.) or less maximum weight

or to a non-turbine rotorcraft of 1 361 kg (3 000 lbs.) or less maximum weight may show that the changed product

complies with the type-certification basis incorporated by reference in the type-certificate. However, if the Agency

finds that the change is significant in an area, the Agency may designate compliance with an amendment to the

type-certification basis incorporated by reference in the type-certificate, in effect at the date of the application, and

any certification specification that the Agency finds is directly related, unless the Agency also finds that compliance

with that amendment or certification specification would not contribute materially to the level of safety of the

changed product or would be impractical.

(d) If the Agency finds that the airworthiness code in effect at the date of the application for the change does not

provide adequate standards with respect to the proposed change, the applicant shall also comply with any special

conditions, and amendments to those special conditions, prescribed under the provisions of 21A.16B, to provide a

level of safety equivalent to that established in the airworthiness code in effect at the date of the application for the

change.

(e) An application for a change to a type-certificate for large aeroplanes and large rotorcraft is effective for five years,

and an application for a change to any other type-certificate is effective for three years. In a case where the change

has not been approved, or it is clear that it will not be approved under the time limit established under this subparagraph,

the applicant may:

1. File a new application for a change to the type-certificate and comply with all the provisions of paragraph (a)

applicable to an original application for a change; or

2. File for an extension of the original application and comply with the provisions of paragraph (a) for an effective

date of application, to be selected by the applicant, not earlier than the date which precedes the date of approval

of the change by the time period established under this subparagraph for the original application for the change.

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21A.103 Issue of approval

(a) The applicant shall be entitled to have a major change to a type design approved by the Agency after:

1. submitting the declaration referred to in 21A.97(a)(3); and

2. It is shown that:

(i) The changed product meets the applicable certification specifications and environmental protection requirements,

as specified in 21A.101;

(ii) Any airworthiness provisions not complied with are compensated for by factors that provide an equivalent

level of safety; and

(iii) No feature or characteristic makes the product unsafe for the uses for which certification is requested.

27.9.2003 EN Official Journal of the European Union L 243/25

(b) A minor change to a type design shall only be approved in accordance with 21A.95 if it is shown that the changed

product meets the applicable certification specifications, as specified in 21A.101.

21A.105 Record keeping

For each change, all relevant design information, drawings and test reports, including inspection records for the changed

product tested, shall be held by the applicant at the disposal of the Agency and shall be retained in order to provide the

information necessary to ensure the continued airworthiness and compliance with applicable environmental protection

requirements of the changed product.

21A.107 Instructions for continued airworthiness

(a) The holder of a minor change approval to type design shall furnish at least one set of the associated variations, if

any, to the instructions for continued airworthiness of the product on which the minor change is to be installed,

prepared in accordance with the applicable type-certification basis, to each known owner of one or more aircraft,

engine, or propeller incorporating the minor change, upon its delivery, or upon issuance of the first certificate of

airworthiness for the affected aircraft, whichever occurs later, and thereafter make those variations in instructions

available, on request, to any other person required to comply with any of the terms of those instructions.

(b) In addition, changes to those variations of the instructions for continued airworthiness shall be made available to all

known operators of a product incorporating the minor change and shall be made available, on request, to any

person required to comply with any of those instructions.

21A.109 Obligations and EPA marking

The holder of a minor change approval to type design shall:

(a) undertake the obligations laid down in 21A.4, 21A.105 and 21A.107; and

(b) specify the marking, including EPA (hereinafter ‘European Part Approval’) letters, in accordance with 21A.804(a).

SUBPART E — SUPPLEMENTAL TYPE-CERTIFICATES

21A.111 Scope

This Subpart establishes the procedure for the approval of major changes to the type design under supplemental typecertificate

procedures, and establishes the rights and obligations of the applicants for, and holders of, those certificates.

21A.112 Eligibility

Any natural or legal person (‘organisation’) that has demonstrated, or is in the process of demonstrating, its capability

under 21A.112B shall be eligible as an applicant for a supplemental type-certificate under the conditions laid down in

this Subpart.

21A.112B Demonstration of capability

(a) Any organisation applying for a supplemental type-certificate shall demonstrate its capability by holding a design

organisation approval, issued by the Agency in accordance with Subpart J.

(b) By way of derogation from paragraph (a), as an alternative procedure to demonstrate its capability, an applicant may

seek Agency agreement for the use of procedures setting out the specific design practices, resources and sequence of

activities necessary to comply with this Subpart.

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21A.113 Application for a supplemental type-certificate

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

(b) An application for a supplemental type-certificate shall include the descriptions and identification required by

21A.93. In addition, such an application shall include a justification that the information on which those identifications

are based is adequate either from the applicant's own resources, or through an arrangement with the type-certificate

holder.

L 243/26 EN Official Journal of the European Union 27.9.2003

21A.114 Showing of compliance

Any applicant for a supplemental type-certificate shall comply with 21A.97.

21A.115 Issue of a supplemental type-certificate

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

(a) complying with 21A.103(a);

(b) demonstrating its capability in accordance with 21A.112B;

(c) where, under 21A.113(b), the applicant has entered into an arrangement with the type-certificate holder,

1. The type-certificate holder has advised that its has no technical objection to the information submitted under

21A.93; and

2. The type-certificate holder has agreed to collaborate with the supplemental type-certificate holder to ensure

discharge of all obligations for continued airworthiness of the changed product through compliance with 21A.44

and 21A.118A.

21A.116 Transferability

A supplemental type-certificate shall only be transferred to a natural or legal person that is able to undertake the obligations

of 21A.118A and for this purpose has demonstrated its ability to qualify under the criteria of 21A.112B.

21A.117 Changes to that part of a product covered by a supplemental type-certificate

(a) Minor changes to that part of a product covered by a supplemental type-certificate shall be classified and approved

in accordance with Subpart D.

(b) Each major change to that part of a product covered by a supplemental type-certificate shall be approved as a separate

supplemental type-certificate in accordance with this Subpart.

(c) By way of derogation from paragraph (b), a major change to that part of a product covered by a supplemental typecertificate

submitted by the supplemental type-certificate holder itself may be approved as a change to the existing

supplemental type-certificate.

21A.118A Obligations and EPA marking

Each holder of a supplemental type-certificate shall:

(a) undertake the obligations:

1. Laid down in 21A.3, 21A.3B, 21A.4, 21A.105, 21A.119 and 21A.120;

2. Implicit in the collaboration with the type-certificate holder under 21A.115(c)(2);

and for this purpose continue to meet the criteria of 21A.112B

(b) specify the marking, including EPA letters, in accordance with 21A.804(a).

21A.118B Duration and continued validity

(a) A supplemental type-certificate shall be issued for an unlimited duration. It shall remain valid subject to:

1. The holder remaining in compliance with this Part; and

2. the certificate not being surrendered or revoked under the applicable administrative procedures established by the

Agency.

(b) Upon surrender or revocation, the supplemental type-certificate shall be returned to the Agency.

21A.119 Manuals

The holder of a supplemental type-certificate shall produce, maintain, and update master copies of variations in the

manuals required by the applicable type-certification basis and environmental protection requirements for the product,

necessary to cover the changes introduced under the supplemental type-certificate, and furnish copies of these manuals

to the Agency on request.

27.9.2003 EN Official Journal of the European Union L 243/27

21A.120 Instructions for continued airworthiness

(a) The holder of the supplemental type-certificate for an aircraft, engine, or propeller, shall furnish at least one set of

the associated variations to the instructions for continued airworthiness, prepared in accordance with the applicable

type-certification basis, to each known owner of one or more aircraft, engine, or propeller incorporating the features

of the supplemental type-certificate, upon its delivery, or upon issuance of the first certificate of airworthiness for

the affected aircraft, whichever occurs later, and thereafter make those variations in instructions available, on request,

to any other person required to comply with any of the terms of those instructions. Availability of some manual or

portion of the variations to 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.

(b) In addition, changes to those variations of the instructions for continued airworthiness shall be made available to all

known operators of a product incorporating the supplemental type-certificate 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 variations to the instructions for continued airworthiness are distributed shall be submitted to the Agency.

SUBPART F — PRODUCTION WITHOUT PRODUCTION ORGANISATION APPROVAL

21A.121 Scope

(a) This Subpart establishes the procedure for demonstrating the conformity with the applicable design data of a

product, part and appliance that is intended to be manufactured without a production organisation approval under

Subpart G.

(b) This Subpart establishes the rules governing the obligations of the manufacturer of a product, part, or appliance

being manufactured under this Subpart.

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21A.122 Eligibility

Any natural or legal person may apply to show conformity of individual products, parts or appliances under this

Subpart, if;

(a) it holds or has applied for an approval covering the design of that product, part or appliance, or

(b) it has ensured satisfactory coordination between production and design, through an appropriate arrangement with

the applicant for, or holder of, an approval of such a design.

21A.124 Application

(a) Each application for an agreement to the showing of conformity of individual products, parts and appliances under

this Subpart shall be made in a form and manner established by the Competent Authority.

(b) Such application shall contain:

1. evidence which demonstrate, where applicable, that:

(i) the issuance of a production organisation approval under Subpart G would be inappropriate; or

(ii) the certification or approval of a product, part or appliance under this Subpart is needed pending the issuance

of a production organisation approval under Subpart G.

2. An outline of the information required by 21A.125(b).

21A.125 Issue of a letter of agreement

The applicant shall be entitled to have a letter of agreement issued by the Competent Authority agreeing to the showing

of conformity of individual products, parts and appliances under this Subpart, after:

(a) having established a production inspection system that ensures that each product, part or appliance conforms to the

applicable design data and is in condition for safe operation.

(b) providing a manual that contains:

1. a description of the production inspection system required under paragraph (a),

2. a description of the means for making the determinations of the production inspection system,

3. a description of the tests of 21A.127 and 21A.128, and the names of persons authorised for the purpose of

21A.130(a).

(c) demonstrating that it is able to provide assistance in accordance with 21A.3 and 21A.129(d).

L 243/28 EN Official Journal of the European Union 27.9.2003

21A.125B Findings

(a) When objective evidence is found showing non-compliance of the holder of a letter of agreement with the applicable

requirements of this Part, the finding shall be classified as follows:

1. A level one finding is any non-compliance with this Part which could lead to uncontrolled non-compliances with

applicable design data and which could affect the safety of the aircraft.

2. A level two finding is any non-compliance with this Part which is not classified as level one.

(b) A level three finding is any item where it has been identified, by objective evidence, to contain potential problems

that could lead to a non-compliance under paragraph (a).

(c) After receipt of notification of findings according to 21B.143:

1. In case of a level one finding, the holder of the letter of agreement shall demonstrate corrective action to the

satisfaction of the Competent Authority within a period of no more than 21 working days after written confirmation

of the finding;

2. In case of level two findings, the corrective action period granted by the Competent Authority shall be appropriate

to the nature of the finding but in any case initially shall not be more than six months. In certain circumstances

and subject to the nature of the finding the Competent Authority may extend the six month period

subject to a satisfactory corrective action plan agreed by the Competent Authority.

3. A level three finding shall not require immediate action by the holder of the letter of agreement.

(d) In case of level one or level two findings, the letter of agreement may be subject to a partial or full limitation,

suspension and revocation under 21B.145. The holder of the letter of agreement shall provide confirmation of

receipt of the notice of limitation, suspension or revocation of the letter of agreement in a timely manner.

21A.125C Duration and continued validity

(a) The letter of agreement shall be issued for a limited duration not exceeding one year. It shall remain valid unless:

1. The holder of the letter of agreement fails to demonstrate compliance with the applicable requirements of this

Subpart; or

2. There is evidence that the manufacturer cannot maintain satisfactory control of the manufacture of products,

parts, or appliances under the agreement; or

3. The manufacturer no longer meets the requirements of 21A.122; or

4. The letter of agreement has been surrendered, revoked under 21B.145, or has expired.

(b) Upon surrender, revocation or expiry, the letter of agreement shall be returned to the Competent Authority.

21A.126 Production inspection system

(a) The production inspection system required under 21A.125 shall provide a means for determining that:

1. Incoming materials, and bought or subcontracted parts, used in the finished product are as specified in the applicable

design data.

2. Incoming materials, and bought or subcontracted parts, are properly identified.

3. Processes, manufacturing techniques and methods of assembly affecting the quality and safety of the finished

product are accomplished in accordance with specifications accepted by the Competent Authority.

4. Design changes, including material substitutions, have been approved under Subpart D or E and controlled before

being incorporated in the finished product.

(b) The production inspection system required by 21A.125(a), shall also be such as to ensure that:

1. Parts in process are inspected for conformity with the applicable design data at points in production where accurate

determinations can be made.

2. Materials subject to damage and deterioration are suitably stored and adequately protected.

3. Current design drawings are readily available to manufacturing and inspection personnel, and used when necessary.

27.9.2003 EN Official Journal of the European Union L 243/29

4. Rejected materials and parts are segregated and identified in a manner that precludes installation in the finished

product.

5. Materials and parts that are withheld because of departures from design data or specifications, and that are to be

considered for installation in the finished product, are subjected to an approved engineering and manufacturing

review procedure. Those materials and parts determined by this procedure to be serviceable shall be properly

identified and reinspected if rework or repair is necessary. Materials and parts rejected by this procedure shall be

marked and disposed of to ensure that they are not incorporated in the final product.

6. Records produced under the production inspection system are maintained, identified with the completed product

or part where practicable, and retained by the manufacturer in order to provide the information necessary to

ensure the continued airworthiness of the product.

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21A.127 Tests: aircraft

(a) Each manufacturer of an aircraft manufactured under this Subpart shall establish an approved production ground

and flight test procedure and check-off forms, and in accordance with those forms, test each aircraft produced, as a

means of establishing relevant aspects of compliance with 21A.125(a).

(b) Each production test procedure shall include at least the following:

1. A check on handling qualities;

2. A check on flight performance (using normal aircraft instrumentation);

3. A check on the proper functioning of all aircraft equipment and systems;

4. A determination that all instruments are properly marked, and that all placards and required flight manuals are

installed after flight test;

5. A check of the operational characteristics of the aircraft on the ground;

6. A check on any other items peculiar to the aircraft being tested.

21A.128 Tests: engines and propellers

Each manufacturer of engines, or propellers manufactured under this Subpart shall subject each engine, or variable pitch

propeller, to an acceptable functional test as specified in the type-certificate holder's documentation, to determine if it

operates properly throughout the range of operation for which it is type-certificated, as a means of establishing relevant

aspects of compliance with 21A.125(a).

21A.129 Obligations of the manufacturer

Each manufacturer of a product, part or appliance being manufactured under this Subpart shall:

(a) Make each product, part or appliance available for inspection by the Competent Authority.

(b) Maintain at the place of manufacture the technical data and drawings necessary to determine whether the product

conforms to the applicable design data.

(c) Maintain the production inspection system that ensures that each product conforms to the applicable design data

and is in condition for safe operation.

(d) Provide assistance to the holder of the type-certificate, restricted type-certificate or design approval in dealing with

any continuing airworthiness actions that are related to the products, parts or appliances that have been produced.

(e) Establish and maintain an internal occurrence reporting system in the interest of safety, to enable the collection and

assessment of occurrence reports in order to identify adverse trends or to address deficiencies, and to extract reportable

occurrences. This system shall include evaluation of relevant information relating to occurrences and the

promulgation of related information.

(f) 1. Report to the holder of the type-certificate, restricted type-certificate or design approval, all cases where products,

parts or appliances have been released by the manufacturer and subsequently identified to have deviations from

the applicable design data, and investigate with the holder of the type-certificate, restricted type-certificate or

design approval to identify those deviations which could lead to an unsafe condition.

2. Report to the Agency and the competent authority of the Member State the deviations which could lead to an

unsafe condition identified according to subparagraph (1). Such reports shall be made in a form and manner

established by the Agency under 21A.3(b)(2) or accepted by the competent authority of the Member State.

L 243/30 EN Official Journal of the European Union 27.9.2003

3. Where the manufacturer acts as supplier to another production organisation, report also to that other organisation

all cases where it has released products, parts or appliances to that organisation and subsequently identified

them to have possible deviations from the applicable design data.

21A.130 Statement of conformity

(a) Each manufacturer of a product, part or appliance manufactured under this Subpart shall raise a Statement of

Conformity, an EASA Form 52, for complete aircraft, or EASA Form 1, for other products, parts or appliances (see

Appendix). This statement shall be signed by an authorised person who holds a responsible position in the manufacturing

organisation.

(b) A statement of conformity shall include:

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 21A.127(a);

and

3. For each engine, or variable pitch propeller, a statement that the engine or propeller has been subjected by the

manufacturer to a final functional test, in accordance with 21A.128, and additionally in case of engines, a determination

according to data provided by the engine type-certificate holder that each completed engine is in

compliance with the applicable emissions requirements current at the date of manufacture of the engine.

(c) Each manufacturer of such a product, part or appliance shall:

1. Upon the initial transfer by it of the ownership of such a product, part or appliance; or

2. Upon application for the original issue of an aircraft certificate of airworthiness; or

3. Upon application for the original issue of an airworthiness release document for an engine, a propeller, a part or

appliance,

present a current statement of conformity, for validation by the Competent Authority.

(d) The Competent Authority shall validate by counter-signature the Statement of Conformity if it finds after inspection

that the product, part or appliance conforms to the applicable design data and is in condition for safe operation.

SUBPART G — PRODUCTION ORGANISATION APPROVAL

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21A.131 Scope

This Subpart establishes:

(a) The procedure for the issuance of a production organisation approval for a production organisation showing conformity

of products, parts and appliances with the applicable design data.

(b) The rules governing the rights and obligations of the applicant for, and holders of, such approvals.

21A.133 Eligibility

Any natural or legal person (‘organisation’) shall be eligible as an applicant for an approval under this Subpart. The

applicant shall:

(a) justify that, for a defined scope of work, an approval under this Subpart is appropriate for the purpose of showing

conformity with a specific design; and

(b) hold or have applied for an approval of that specific design; or

(c) have ensured, through an appropriate arrangement with the applicant for, or holder of, an approval of that specific

design, satisfactory coordination between production and design.

21A.134 Application

Each application for a production organisation approval shall be made to the Competent Authority in a form and

manner established by that authority, and shall include an outline of the information required by 21A.143 and the terms

of approval requested to be issued under 21A.151.

21A.135 Issue of production organisation approval

An organisation shall be entitled to have a production organisation approval issued by the Competent Authority when it

has demonstrated compliance with the applicable requirements under this Subpart.

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21A.139 Quality System

(a) The production organisation shall demonstrate that it has established and is able to maintain a quality system. The

quality system shall be documented. This quality system shall be such as to enable the organisation to ensure that

each product, part or appliance produced by the organisation or by its partners, or supplied from or subcontracted

to outside parties, conforms to the applicable design data and is in condition for safe operation, and thus exercise

the privileges set forth in 21A.163.

(b) The quality system shall contain:

1. As applicable within the scope of approval, control procedures for:

(i) Document issue, approval, or change.

(ii) Vendor and subcontractor assessment audit and control.

(iii) Verification that incoming products, parts, materials, and equipment, including items supplied new or used

by buyers of products, are as specified in the applicable design data.

(iv) Identification and traceability.

(v) Manufacturing processes.

(vi) Inspection and testing, including production flight tests.

(vii) Calibration of tools, jigs, and test equipment.

(viii) Non conforming item control.

(ix) Airworthiness coordination with the applicant for, or holder of, the design approval.

(x) Records completion and retention.

(xi) Personnel competence and qualification.

(xii) Issue of airworthiness release documents.

(xiii) Handling, storage and packing.

(xiv) Internal quality audits and resulting corrective actions.

(xv) Work within the terms of approval performed at any location other than the approved facilities.

(xvi) Work carried out after completion of production but prior to delivery, to maintain the aircraft in a condition

for safe operation.

The control procedures need to include specific provisions for any critical parts.

2. An independent quality assurance function to monitor compliance with, and adequacy of, the documented procedures

of the quality system. This monitoring shall include a feedback system to the person or group of persons

referred to in 21A.145(c)(2) and ultimately to the manager referred to in 21A.145 (c)(1) to ensure, as necessary,

corrective action.

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21A.143 Exposition

(a) The organisation shall submit to the Competent Authority a production organisation exposition providing the

following information:

1. A statement signed by the accountable manager confirming that the production organisation exposition and

any associated manuals which define the approved organisation's compliance with this Subpart will be complied

with at all times.

2. The title(s) and names of managers accepted by the Competent Authority in accordance with 21A.145(c)(2).

3. The duties and responsibilities of the manager(s) as required by 21A.145(c)(2) including matters on which they

may deal directly with the Competent Authority on behalf of the organisation.

4. An organisational chart showing associated chains of responsibility of the managers as required by

21A.145(c)(1) and (2).

5. A list of certifying staff as referred to in 21A.145(d).

6. A general description of man-power resources.

7. A general description of the facilities located at each address specified in the production organisation's certificate

of approval.

8. A general description of the production organisation's scope of work relevant to the terms of approval.

9. The procedure for the notification of organisational changes to the Competent Authority.

10. The amendment procedure for the production organisation exposition.

11. A description of the quality system and the procedures as required by 21A.139(b)(1).

12. A list of those outside parties referred to in 21A.139(a).

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(b) The production organisation exposition shall be amended as necessary to remain an up-to-date description of the

organisation, and copies of any amendments shall be supplied to the Competent Authority.

21A.145 Approval requirements

The production organisation shall demonstrate, on the basis of the information submitted in accordance with 21A.143

that:

(a) with regard to general approval requirements, facilities, working conditions, equipment and tools, processes and

associated materials, number and competence of staff, and general organisation are adequate to discharge obligations

under 21A.165.

(b) with regard to all necessary airworthiness, noise, fuel venting and exhaust emissions data:

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, to determine conformity with the applicable

design data.

2. The production organisation has established a procedure to ensure that airworthiness, noise, fuel venting and

exhaust emissions data are correctly incorporated in its production data.

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

duties.

(c) with regard to management and staff:

1. A manager has been nominated by the production organisation, and is accountable to the Competent Authority.

His or her responsibility 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 21A.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 Part, 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 subparagraph

(1). The persons 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, noise,

fuel venting and exhaust emission data matters.

(d) with regard to certifying staff, authorised by the production organisation to sign the documents issued under

21A.163 under the scope or terms of approval:

1. The knowledge, background (including other functions in the organisation), and experience of the certifying staff

are appropriate to discharge their allocated responsibilities.

2. The production organisation maintains a record of all certifying staff which shall include details of the scope of

their authorisation.

3. Certifying staff are provided with evidence of the scope of their authorisation.

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21A.159 Duration and continued validity

(a) A production organisation approval shall be issued for an unlimited duration. It shall remain valid unless:

1. The production organisation fails to demonstrate compliance with the applicable requirements of this Subpart; or

2. The Competent Authority is prevented by the holder or any of its partners or subcontractors to perform the

investigations in accordance with 21A.157; or

3. There is evidence that the production organisation cannot maintain satisfactory control of the manufacture of

products, parts or appliances under the approval; or

4. The production organisation no longer meets the requirements of 21A.133; or

5. the certificate has been surrendered or revoked under 21B.245.

(b) Upon surrender or revocation, the certificate shall be returned to the Competent Authority.

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21A.163 Privileges

Pursuant to the terms of approval issued under 21A.135, the holder of a production organisation approval may:

(a) Perform production activities under this Part.

(b) In the case of complete aircraft and upon presentation of a Statement of Conformity (EASA Form 52) under

21A.174, obtain an aircraft certificate of airworthiness and a noise certificate without further showing.

(c) In the case of other products, parts or appliances issue authorised release certificates (EASA Form 1) under 21A.307

without further showing.

(d) Maintain a new aircraft that it has produced and issue a certificate of release to service (EASA Form 53) in respect of

that maintenance.

21A.165 Obligations of the holder

The holder of a production organisation approval shall:

(a) Ensure that the production organisation exposition furnished in accordance with 21A.143 and the documents to

which it refers, are used as basic working documents within the organisation.

(b) Maintain the production organisation in conformity with the data and procedures approved for the production organisation

approval.

(c) 1. Determine that each completed aircraft conforms to the type design and is in condition for safe operation prior

to submitting Statements of Conformity to the Competent Authority, or

2. Determine that other products, parts or appliances are complete and conform to the approved design data and

are in condition for safe operation before issuing EASA Form 1 to certify airworthiness, and additionally in case

of engines, determine according to data provided by the engine type-certificate holder that each completed engine

is in compliance with the applicable emissions requirements as defined in 21A.18(b), current at the date of manufacture

of the engine, to certify emissions compliance, or

3. Determine that other products, parts or appliances conform to the applicable data before issuing EASA Form 1

as a conformity certificate;

(d) Record all details of work carried out.

(e) Establish and maintain an internal occurrence reporting system in the interest of safety, to enable the collection and

assessment of occurrence reports in order to identify adverse trends or to address deficiencies, and to extract reportable

occurrences. This system shall include evaluation of relevant information relating to occurrences and the

promulgation of related information.

(f) 1. Report to the holder of the type-certificate or design approval, all cases where products, parts or appliances have

been released by the production organisation and subsequently identified to have possible deviations from the

applicable design data, and investigate with the holder of the type-certificate or design approval in order to identify

those deviations which could lead to an unsafe condition.

2. Report to the Agency and the competent authority of the Member State the deviations which could lead to an

unsafe condition identified according to subparagraph (1). Such reports shall be made in a form and manner

established by the Agency under 21A.3(b)(2) or accepted by the competent authority of the Member State.

3. Where the holder of the production organisation approval is acting as a supplier to another production organisation,

report also to that other organisation all cases where it has released products, parts or appliances to that

organisation and subsequently identified them to have possible deviations from the applicable design data.

(g) Provide assistance to the holder of the type-certificate or design approval in dealing with any continuing airworthiness

actions that are related to the products parts or appliances that have been produced.

(h) Establish an archiving system incorporating requirements imposed on its partners, suppliers and subcontractors,

ensuring conservation of the data used to justify conformity of the products, parts or appliances. Such data shall be

held at the disposal of the Competent Authority and be retained in order to provide the information necessary to

ensure the continuing airworthiness of the products, parts or appliances.

(i) Where, under its terms of approval, the holder issues a certificate of release to service, determine that each

completed aircraft has been subjected to necessary maintenance and is in condition for safe operation, prior to

issuing the certificate.

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SUBPART H — AIRWORTHINESS CERTIFICATES

21A.171 Scope

This Subpart establishes the procedure for issuing airworthiness certificates.

21A.172 Eligibility

Any natural or legal person under whose name an aircraft is registered or will be registered in a Member State (‘Member

State of registry’), or its representative, shall be eligible as an applicant for an airworthiness certificate for that aircraft

under this Subpart.

21A.173 Classification

Airworthiness certificates shall be classified as follows:

(a) Certificates of airworthiness shall be issued to aircraft which conform to a type-certificate that has been issued in

accordance with this Part.

(b) Restricted certificates of airworthiness shall be issued to aircraft:

1. which conform to a restricted type-certificate that has been issued in accordance with this Part; or

2. which have been shown to the Agency to comply with specific certification specifications ensuring adequate

safety.

(c) Permits to fly shall be issued to aircraft that do not meet, or have not been shown to meet, applicable certification

specifications but are capable of safe flight under defined conditions.