（CS-21）.

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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).

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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.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.

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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.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.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.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.

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(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.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.33 Investigation and tests

(a) The applicant shall perform all inspections and tests necessary to show compliance with the applicable type-certification

basis and environmental protection requirements.

(b) Before each test required by paragraph (a) is undertaken, the applicant shall have determined:

1. For the test specimen:

(i) That materials and processes adequately conform to the specifications for the proposed type design;

(ii) That parts of the products adequately conform to the drawings in the proposed type design;

(iii) That the manufacturing processes, construction and assembly adequately conform to those specified in the

proposed type design; and

2. That the test equipment and all measuring equipment used for tests are adequate for the test and are appropriately

calibrated.

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

(d) The applicant shall allow the Agency to review any report and make any inspection and to perform or witness any

flight and ground test necessary to check the validity of the declaration of compliance submitted by the applicant

under 21A.20(b) and to determine that no feature or characteristic makes the product unsafe for the uses for which

certification is requested.

(e) For tests performed or witnessed by the Agency under paragraph (d):

1. The applicant shall submit to the Agency a statement of compliance with paragraph (b); and

2. No change relating to the test that would affect the statement of compliance may be made to a product, part or

appliance between the time compliance with paragraph (b) is shown and the time it is presented to the Agency

for test.

21A.35 Flight Tests

(a) Flight testing for the purpose of obtaining a type-certificate shall be conducted in accordance with conditions for

such flight testing specified by the Agency.

(b) The applicant shall make all flight tests that the Agency finds necessary:

1. To determine compliance with the applicable type-certification basis and environmental protection requirements,

and

2. For aircraft to be certificated under this Section, except sailplanes and powered sailplanes and except aeroplanes

of 2 722 kg or less Maximum Take-Off Mass (MTOM), to determine whether there is reasonable assurance that

the aircraft, its parts and appliances are reliable and function properly.

(c) (Reserved)

(d) (Reserved)

(e) (Reserved)

(f) The flight tests prescribed in subparagraph (b)(2) shall include:

1. For aircraft incorporating turbine engines of a type not previously used in a type-certificated aircraft, at least 300

hours of operation with a full complement of engines that conform to a type-certificate; and

2. For all other aircraft, at least 150 hours of operation.

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

(a) The applicable noise requirements for the issue of a type-certificate for an aircraft are prescribed according to the

provisions of Chapter 1 of Annex 16, Volume I, Part II to the Chicago Convention and:

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

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

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

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

(b) The applicable emission requirements for the issue of a type-certificate for an aircraft and engine are prescribed in

Annex 16 to the Chicago Convention:

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

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

Part III, Chapter 2; and

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

Part III, Chapter 3.

(c) The Agency shall issue, in accordance with Article 14 of the basic Regulation, certification specifications providing

for acceptable means to demonstrate compliance with the noise and the emission requirements laid down in paragraphs

(a) and (b) respectively.

21A.19 Changes requiring a new type-certificate

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

the change in design, power, thrust, or mass is so extensive that a substantially complete investigation of compliance

with the applicable type-certification basis is required.

L 243/20 EN Official Journal of the European Union 27.9.2003

21A.20 Compliance with the type-certification basis and environmental protection requirements

(a) The applicant for a type-certificate or a restricted type-certificate shall show compliance with the applicable typecertification

basis and environmental protection requirements and shall provide to the Agency the means by which

such compliance has been shown.

(b) The applicant shall declare that it has shown compliance with all applicable type-certification basis and environmental

protection requirements.

(c) Where the applicant holds an appropriate design organisation approval, the declaration of paragraph (b) shall be

made according to the provisions of Subpart J.

21A.21 Issue of a type-certificate

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

(a) demonstrating its capability in accordance with 21A.14;

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

(c) it is shown that:

1. The product to be certificated meets the applicable type-certification basis and environmental protection requirements

designated in accordance with 21A.17 and 21A.18;

2. Any airworthiness provisions not complied with are compensated for by factors that provide an equivalent level

of safety;

3. No feature or characteristic makes it unsafe for the uses for which certification is requested; and

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

(d) In the case of an aircraft type-certificate, the engine or propeller, or both, if installed in the aircraft, have a type-certificate

issued or determined in accordance with this Regulation.

21A.23 Issue of a restricted type-certificate

(a) For an aircraft that does not meet the provisions of 21A.21(c), the applicant shall be entitled to have a restricted

type-certificate issued by the Agency after:

1. complying with the appropriate type-certification basis established by the Agency ensuring adequate safety with

regard to the intended use of the aircraft, and with the applicable environmental protection requirements;

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

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

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

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

aircraft.

21A.31 Type design

(a) The type design shall consist of:

1. The drawings and specifications, and a listing of those drawings and specifications, necessary to define the configuration

and the design features of the product shown to comply with the applicable type-certification basis and

environmental protection requirements;

2. Information on materials and processes and on methods of manufacture and assembly of the product necessary

to ensure the conformity of the product;

3. An approved airworthiness limitations section of the instructions for continued airworthiness as defined by the

applicable airworthiness code; and

4. Any other data necessary to allow by comparison, the determination of the airworthiness, the characteristics of

noise, fuel venting, and exhaust emissions (where applicable) of later products of the same type.

(b) Each type design shall be adequately identified.

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21A.16B Special conditions

(a) The Agency shall prescribe special detailed technical specifications, named special conditions, for a product, if the

related airworthiness code does not contain adequate or appropriate safety standards for the product, because:

1. The product has novel or unusual design features relative to the design practices on which the applicable

airworthiness code is based; or

2. The intended use of the product is unconventional; or

3. Experience from other similar products in service or products having similar design features, has shown that

unsafe conditions may develop.

(b) The special conditions contain such safety standards as the Agency finds necessary to establish a level of safety

equivalent to that established in the applicable airworthiness code.

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21A.17 Type-certification basis

(a) The type-certification basis to be notified for the issuance of a type-certificate or a restricted type-certificate shall

consist of:

1. The applicable airworthiness code established by the Agency that is effective on the date of application for that

certificate unless:

(i) Otherwise specified by the Agency; or

(ii) Compliance with later effective amendments is elected by the applicant or required under paragraphs (c) and

(d).

2. Any special condition prescribed in accordance with 21A.16B(a).

(b) An application for type-certification of large aeroplanes and large rotorcraft shall be effective for five years and an

application for any other type-certificate shall be effective for three years, unless an applicant shows at the time of

application that its product requires a longer period of time for design, development, and testing, and the Agency

approves a longer period.

(c) In the case where a type-certificate has not been issued, or it is clear that a type-certificate will not be issued, within

the time limit established under paragraph (b); the applicant may:

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

original application; or

2. File for an extension of the original application and comply with the applicable airworthiness codes that were

effective on a date, to be selected by the applicant, not earlier than the date which precedes the date of issue of

the type-certificate by the time limit established under paragraph (b) for the original application.

(d) If an applicant elects to comply with an amendment to the airworthiness codes that is effective after the filing of the

application for a type-certificate, the applicant shall also comply with any other amendment that the Agency finds is

directly related.

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21A.4 Coordination between design and production

Each holder of a type-certificate, restricted type-certificate, supplemental type-certificate, ETSO authorisation, approval of

a change to type design or approval of a repair design, shall collaborate with the production organisation as necessary

to ensure:

(a) The satisfactory coordination of design and production required by 21A.122 or 21A.133 or 21A.165(c)(2) as appropriate,

and

(b) The proper support of the continued airworthiness of the product, part or appliance.

SUBPART B — TYPE-CERTIFICATES AND RESTRICTED TYPE-CERTIFICATES

21A.11 Scope

This Subpart establishes the procedure for issuing type-certificates for products and restricted type-certificates for aircraft,

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

21A.13 Eligibility

Any natural or legal person that has demonstrated, or is in the process of demonstrating, its capability in accordance

with 21A.14 shall be eligible as an applicant for a type-certificate or a restricted type-certificate under the conditions laid

down in this Subpart.

21A.14 Demonstration of capability

(a) Any organisation applying for a type-certificate or restricted type-certificate shall demonstrate its capability by

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

L 243/18 EN Official Journal of the European Union 27.9.2003

(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 Part, when the product is one of the following:

1. a very light aeroplane or rotorcraft, a sailplane or a powered sailplane, a balloon, a hot air airship; or

2. a small aeroplane meeting all of the following elements:

(i) Single piston engine, naturally aspirated, of not more than 250 hp Maximum Take-Off Power (MTOP);

(ii) Conventional configuration;

(iii) Conventional material and structure;

(iv) Flights under VFR, outside icing conditions;

(v) Maximum 4 seats including the pilot and maximum take off mass limited to 3000 lb. (1361 kg);

(vi) Unpressurised cabin;

(vii) Non-power assisted controls;

(viii) Basic aerobatic flights limited to +6/-3g; or

3. a piston engine; or

4. an engine or a propeller type-certificated under the applicable airworthiness code for powered sailplanes; or

5. a fixed or variable pitch propeller.

21A.15 Application

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

the Agency.

(b) An application for an aircraft type-certificate or restricted type-certificate shall be accompanied by a three-view

drawing of that aircraft and preliminary basic data, including the proposed operating characteristics and limitations.

(c) An application for an engine or propeller type-certificate shall be accompanied by a general arrangement drawing, a

description of the design features, the operating characteristics, and the proposed operating limitations, of the

engine, or propeller.

21A.16A Airworthiness codes

The Agency shall issue in accordance with Article 14 of the basic Regulation airworthiness codes as standard means to

show compliance of products, parts and appliances with the essential requirements of Annex I to the basic Regulation.

Such codes shall be sufficiently detailed and specific to indicate to applicants the conditions under which certificates will

be issued.