（CS-21）.

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21A.174 Application

(a) Pursuant to 21A.172, an application for an airworthiness certificate shall be made in a form and manner established

by the competent authority of the Member State of registry.

(b) Each application for a certificate of airworthiness or restricted certificate of airworthiness shall include:

1. the class of airworthiness certificate applied for;

2. with regard to new aircraft:

(i) A statement of conformity:

— issued under 21A.163(b), or

— issued under 21A.130 and validated by the Competent Authority,

— or, for an imported aircraft, a statement signed by the exporting authority that the aircraft conforms to a

design approved by the Agency

(ii) A weight and balance report with a loading schedule.

(iii) The flight manual, when required by the applicable airworthiness code for the particular aircraft.

3. with regard to used aircraft:

(i) originating from a Member State, an airworthiness review certificate issued in accordance with Part M.

(ii) originating from a non-member State:

— a statement by the competent authority of the State where the aircraft is, or was, registered, reflecting the

airworthiness status of the aircraft on its register at time of transfer.

— a weight and balance report with a loading schedule.

— the flight manual when such material is required by the applicable airworthiness code for the particular

aircraft.

— historical records to establish the production, modification, and maintenance standard of the aircraft,

including all limitations associated with a restricted certificate of airworthiness under 21A.184(c).

— a recommendation for the issuance of a certificate of airworthiness or restricted certificate of airworthiness

and an airworthiness review certificate following an airworthiness review in accordance with Part M.

(c) Unless otherwise agreed, the statements referred to in subparagraphs (b)(2)(i) and (b)(3)(ii) shall be issued no more

than 60 days before presentation of the aircraft to the competent authority of the Member State of registry.

L 243/36 EN Official Journal of the European Union 27.9.2003

(d) Each application for a permit to fly shall include:

1. The purpose of the flight(s);

2. The itineraries or airspace, or both, used for the flight;

3. Minimum flight crew and its qualification, required to operate the aircraft;

4. Restrictions for carriage of persons other than flight crew;

5. The ways in which the aircraft does not comply with the applicable certification specifications;

6. Any restriction considered necessary for safe operation of the aircraft;

7. Any other information considered necessary for the purpose of prescribing operating limitations.

21A.175 Language

The manuals, placards, listings, and instrument markings and other necessary information required by applicable certification

specifications shall be presented in one or more of the official language(s) of the European Community acceptable

to the competent authority of the Member State of registry.

21A.177 Amendment or modification

An airworthiness certificate may be amended or modified only by the competent authority of the Member State of

registry.

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21A.179 Transferability and re-issuance within Member States

(a) Where ownership of an aircraft has changed:

1. if it remains on the same register, the certificate of airworthiness, or the restricted certificate of airworthiness

conforming to a restricted type-certificate only, shall be transferred together with the aircraft;

2. if the aircraft is registered in another Member State, the certificate of airworthiness, or the restricted certificate of

airworthiness conforming to a restricted type-certificate only, shall be issued:

(i) upon presentation of the former certificate of airworthiness and of a valid airworthiness review certificate

issued under Part M, and

(ii) when satisfying 21A.175.

(b) Where ownership of an aircraft has changed, and the aircraft has:

1. a restricted certificate of airworthiness not conforming to a restricted type-certificate, or

2. a permit to fly,

such airworthiness certificates shall be transferred together with the aircraft provided the aircraft remains on the

same register, or issued only with the formal agreement of the competent authority of the Member State of registry

to which it is transferred.

21A.180 Inspections

The holder of the airworthiness certificate shall provide access to the aircraft for which that airworthiness certificate has

been issued upon request by the competent authority of the Member State of registry.

21A.181 Duration and continued validity

(a) An airworthiness certificate shall be issued for an unlimited duration. It shall remain valid subject to:

1. compliance with the applicable type-design and continuing airworthiness requirements; and

2. the aircraft remaining on the same register; and

3. the type-certificate or restricted type-certificate under which it is issued not being previously invalidated under

21A.51.

4. the certificate not being surrendered or revoked under 21B.330.

(b) Upon surrender or revocation, the certificate shall be returned to the competent authority of the Member State of

registry.

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21A.182 Aircraft identification

Each applicant for an airworthiness certificate under this Subpart shall demonstrate that its aircraft is identified in accordance

with Subpart Q.

21A.183 Issue of certificates of airworthiness

The competent authority of the State of registry shall issue a certificate of airworthiness for:

1. new aircraft:

(i) Upon presentation of the documentation required by 21A.174(b)(2).

(ii) When the aircraft conforms to an approved design and is in condition for safe operation. This may include

inspections by the competent authority of the Member State of registry.

2. used aircraft:

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

— the aircraft conforms to a type design approved under a type-certificate and any supplemental type-certificate,

change or repair approved in accordance with this Part, and to applicable airworthiness directives, and

— the aircraft has been inspected in accordance with the applicable provisions of Part M; and

(ii) when the aircraft conforms to an approved design and is in condition for safe operation. This may include inspections

by the competent authority of the Member State of registry.

21A.184 Issue of restricted certificates of airworthiness

(a) The competent authority of the Member State of registry shall issue a restricted certificate of airworthiness for:

1. new aircraft, upon presentation of the documentation required by 21A.174(b)(2) demonstrating that the aircraft

conforms to a design approved by the Agency under a restricted type-certificate or in accordance with specific

certification specifications, and is in condition for safe operation.

2. used aircraft:

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

— the aircraft conforms to a design approved by the Agency under a restricted type-certificate or in accordance

with specific certification specifications, and

— the applicable airworthiness directives have been complied with, and

— the aircraft has been inspected in accordance with the appropriate provisions of Part M; and

(ii) when the competent authority of the Member State of registry is satisfied that the aircraft conforms to the

approved design and is in condition for safe operation. This may include inspections by the competent

authority of the Member State of registry.

(b) For an aircraft that cannot comply with the essential requirements referred to in the basic Regulation and which is

not eligible for a restricted type-certificate, the Agency shall, as necessary to take account of deviations from these

essential requirements:

1. issue and check compliance with specific certification specifications ensuring adequate safety with regard to the

intended use, and

2. specify limitations for use of this aircraft.

(c) Limitations for use will be associated with restricted certificates of airworthiness including airspace restrictions as

necessary to take account of deviations from essential requirements for airworthiness laid down in the basic Regulation.

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21A.185 Issue of permits to fly

The competent authority of the Member State of registry shall issue a permit to fly after the Agency has found that the

aircraft and appropriate associated restrictions compensating for departure from the essential requirements permit the

aircraft to perform safely a basic flight. For that purpose, the Agency may make or require the applicant to make appropriate

inspections or tests necessary to ensure safety.

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SUBPART I — NOISE CERTIFICATES

21A.201 Scope

This Subpart establishes the procedure for issuing noise certificates.

21A.203 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 a noise certificate for that aircraft under this

Subpart.

21A.204 Application

(a) Pursuant to 21A.203, an application for a noise certificate shall be made in a form and manner established by the

competent authority of the Member State of registry.

(b) Each application shall include:

1. with regard to new aircraft:

(i) A statement of conformity:

— issued under 21A.163(b), or

— issued under 21A.130 and validated by the Competent Authority

— or, for an imported aircraft, a statement, signed by the exporting authority that the aircraft conforms to a

design approved by the Agency, and

(ii) The noise information determined in accordance with the applicable noise requirements. This information

shall be included in the flight manual, when a flight manual is required by the applicable airworthiness code

for the particular aircraft.

2. with regard to used aircraft:

(i) The noise information determined in accordance with the applicable noise requirements. This information

shall be included in the flight manual, when a flight manual is required by the applicable airworthiness code

for the particular aircraft, and

(ii) Historical records to establish the production, modification, and maintenance standard of the aircraft.

(c) Unless otherwise agreed, the statements referred to in subparagraphs (b)(1) shall be issued no more than 60 days

before presentation of the aircraft to the competent authority of the Member State of registry.

21A.205 Issue of noise certificates

The competent authority of the Member State of registry shall issues a noise certificate upon presentation of the documents

required by 21A.204(b).

21A.207 Amendment or modification

A noise certificate may be amended or modified only by the competent authority of the Member State of registry.

21A.209 Transferability and re-issuance within Member States

Where ownership of an aircraft has changed:

(a) if the aircraft remains on the same register, the noise certificate shall be transferred together with the aircraft; or

(b) if the aircraft moves to the register of another Member State, the noise certificate shall be issued upon presentation

of the former noise certificate.

21A.210 Inspections

The holder of the noise certificate shall provide access to the aircraft for which that noise certificate has been issued

upon request by the competent authority of the Member State of registry or by the Agency for inspection.

27.9.2003 EN Official Journal of the European Union L 243/39

21A.211 Duration and continued validity

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

1. compliance with the applicable type-design, environmental protection and continuing airworthiness requirements;

and

2. the aircraft remaining on the same register; and

3. the type-certificate or restricted type-certificate under which it is issued not being previously invalidated under

21A.51.

4. the certificate not being surrendered or revoked under 21B.430.

(b) Upon surrender or revocation, the certificate shall be returned to the competent authority of the Member State of

registry.

SUBPART J — DESIGN ORGANISATION APPROVAL

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21A.231 Scope

This Subpart establishes the procedure for the approval of design organisations and rules governing the rights and obligations

of applicants for, and holders of, such approvals.

21A.233 Eligibility

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

(a) in accordance with 21A.14, 21A.112B, 21A.432B or 21A.602B; or

(b) for approval of minor changes or minor repair design, when requested for the purpose of obtaining privileges under

21A.263.

21A.234 Application

Each application for a design organisation approval shall be made in a form and manner established by the Agency and

shall include an outline of the information required by 21A.243, and the terms of approval requested to be issued under

21A.251.

21A.235 Issue of design organisation approval

An organisation shall be entitled to have a design organisation approval issued by the Agency when it has demonstrated

compliance with the applicable requirements under this Subpart.

21A.239 Design assurance system

(a) The design organisation shall demonstrate that it has established and is able to maintain a design assurance system

for the control and supervision of the design, and of design changes, of products, parts and appliances covered by

the application. This design assurance system shall be such as to enable the organisation:

1. To ensure that the design of the products, parts and appliances or the design change thereof, comply with the

applicable type-certification basis and environmental protection requirements; and

2. To ensure that its responsibilities are properly discharged in accordance with:

(i) The appropriate provisions of this Part; and

(ii) The terms of approval issued under 21A.251.

3. To independently monitor the compliance with, and adequacy of, the documented procedures of the system. This

monitoring shall include a feed-back system to a person or a group of persons having the responsibility to ensure

corrective actions.

(b) The design assurance system shall include an independent checking function of the showings of compliance on the

basis of which the organisation submits compliance statements and associated documentation to the Agency.

(c) The design organisation shall specify the manner in which the design assurance system accounts for the acceptability

of the parts or appliances designed or the tasks performed by partners or subcontractor according to methods which

are the subject of written procedures.

L 243/40 EN Official Journal of the European Union 27.9.2003

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21A.243 Data

(a) The design organisation shall furnish a handbook to the Agency describing, directly or by cross-reference, the organisation,

the relevant procedures and the products or changes to products to be designed.

(b) Where any parts or appliances or any changes to the products are designed by partner organisations or subcontractors,

the handbook shall include a statement of how the design organisation is able to give, for all parts and appliances,

the assurance of compliance required by 21A.239(b), and shall contain, directly or by cross-reference, descriptions

and information on the design activities and organisation of those partners or subcontractors, as necessary to

establish this statement.

(c) The handbook shall be amended as necessary to remain an up-to-date description of the organisation, and copies of

amendments shall be supplied to the Agency.

(d) The design organisation shall furnish a statement of the qualifications and experience of the management staff and

other persons responsible for making decisions affecting airworthiness and environmental protection in the organisation.

21A.245 Approval requirements

The design organisation shall demonstrate, on the basis of the information submitted in accordance with 21A.243 that,

in addition to complying with 21A.239:

(a) The staff in all technical departments are of sufficient numbers and experience and have been given appropriate

authority to be able to discharge their allocated responsibilities and that these, together with the accommodation,

facilities and equipment are adequate to enable the staff to achieve the airworthiness, noise, fuel venting and exhaust

emissions objectives for the product.

(b) There is full and efficient coordination between departments and within departments in respect of airworthiness and

environmental protection matters.

21A.247 Changes in design assurance system

After the issue of a design organisation approval, each change to the design assurance system that is significant to the

showing of compliance or to the airworthiness and environmental protection of the product, shall be approved by the

Agency. An application for approval shall be submitted in writing to the Agency and the design organisation shall

demonstrate to the Agency, on the basis of submission of proposed changes to the handbook, and before implementation

of the change, that it will continue to comply with this Subpart after implementation.

21A.249 Transferability

Except as a result of a change in ownership, which is deemed significant for the purposes of 21A.247, a design organisation

approval is not transferable.

21A.251 Terms of approval

The terms of approval shall identify the types of design work, the categories of products, parts and appliances for which

the design organisation holds a design organisation approval, and the functions and duties that the organisation is

approved to perform in regard to the airworthiness and characteristics of noise, fuel venting and exhaust emissions of

products. For design organisation approval covering type-certification or ETSO authorisation for Auxiliary Power Unit

(APU), the terms of approval shall contain in addition the list of products or APU. Those terms shall be issued as part of

a design organisation approval.

21A.253 Changes to the terms of approval

Each change to the terms of approval shall be approved by the Agency. An application for a change to the terms of

approval shall be made in a form and manner established by the Agency. The design organisation shall comply with the

applicable requirements of this Subpart.

27.9.2003 EN Official Journal of the European Union L 243/41

21A.257 Investigations

(a) The design organisation shall make arrangements that allow the Agency to make any investigations, including investigations

of partners and subcontractors, necessary to determine compliance and continued compliance with the

applicable requirements of this Subpart.

(b) The design organisation shall allow the Agency to review any report and make any inspection and perform or

witness any flight and ground test necessary to check the validity of the compliance statements submitted by the

applicant under 21A.239(b).

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21A.258 Findings

(a) When objective evidence is found showing non-compliance of the holder of a design organisation approval 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 requirements 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 under the applicable administrative procedures established by the Agency,

1. In case of a level one finding, the holder of the design organisation approval shall demonstrate corrective action

to the satisfaction of the Agency 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 Agency 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 Agency may extend the six month period subject to a satisfactory corrective

action plan agreed by the Agency.

3. A level three finding shall not require immediate action by the holder of the design organisation approval.

(d) In case of level one or level two findings, the design organisation approval may be subject to a partial or full suspension

or revocation under the applicable administrative procedures established by the Agency. The holder of the

design organisation approval shall provide confirmation of receipt of the notice of suspension or revocation of the

design organisation approval in a timely manner.

21A.259 Duration and continued validity

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

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

2. The Agency is prevented by the holder or any of its partners or subcontractors to perform the investigations in

accordance with 21A.257; or

3. There is evidence that the design assurance system cannot maintain satisfactory control and supervision of the

design of products or changes thereof under the approval; or

4. the certificate has been surrendered or revoked under the applicable administrative procedures established by the

Agency.

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

21A.263 Privileges

(a) The holder of a design organisation approval shall be entitled to perform design activities under this Part and within

its scope of approval.

(b) Subject to 21A.257(b), compliance documents submitted by the applicant for the purpose of obtaining:

1. a type-certificate or approval of a major change to a type design; or

2. a supplemental type-certificate; or

3. an ETSO authorisation under 21A.602(b)(1);

4. a major repair design approval;

shall be accepted by the Agency without further verification.

L 243/42 EN Official Journal of the European Union 27.9.2003

(c) The holder of a design organisation approval shall be entitled, within its terms of approval and under the relevant

procedures of the design assurance system:

1. to classify changes to type design and repairs as ‘major’ or ‘minor’.

2. to approve minor changes to type design and minor repairs.

3. to issue information or instructions containing the following statement: ‘The technical content of this document

is approved under the authority of DOA nr. [EASA]. J. [xyz].’

4. to approve documentary changes to the aircraft flight manual, and issue such changes containing the following

statement: ‘Revision nr. xx to AFM ref. yyy, is approved under the authority of DOA nr.[EASA].J.[xyz].’

5. to approve the design of major repairs to products for which it holds the type-certificate or the supplemental

type-certificate.

21A.265 Obligations of the holder

The holder of a design organisation approval shall:

(a) Maintain the handbook in conformity with the design assurance system;

(b) Ensure that this handbook is used as a basic working document within the organisation;

(c) Determine that the design of products, or changes or repairs thereof, as applicable, comply with applicable requirements

and have no unsafe feature;

(d) Except for minor changes or repairs approved under the privilege of 21A.263, provide to the Agency statements

and associated documentation confirming compliance with paragraph (c);

(e) Provide to the Agency information or instructions related to required actions under 21A.3B.

SUBPART K — PARTS AND APPLIANCES

21A.301 Scope

This Subpart establishes the procedure relating to the approval of parts and appliances.

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21A.303 Compliance with applicable requirements

The showing of compliance of parts and appliances to be installed in a type-certificated product shall be made:

(a) In conjunction with the type-certification procedures of Subpart B, D or E for the product in which it is to be

installed; or

(b) Where applicable, under the ETSO authorisation procedures of Subpart O; or

(c) In the case of standard parts, in accordance with officially recognised Standards.

21A.305 Approval of parts and appliances

In all cases where the approval of a part or appliance is explicitly required by Community law or Agency measures, the

part or appliance shall comply with the applicable ETSO or with the specifications recognised as equivalent by the

Agency in the particular case.

21A.307 Release of parts and appliances for installation

No part or appliance (except a standard part), shall be eligible for installation in a type-certificated product unless it is:

(a) Accompanied by an authorised release certificate (EASA Form 1), certifying airworthiness; and

(b) Marked in accordance with Subpart Q.

27.9.2003 EN Official Journal of the European Union L 243/43

(SUBPART L — NOT APPLICABLE)

SUBPART M — REPAIRS

21A.431 Scope

(a) This Subpart establishes the procedure for the approval of repair design, and establishes the rights and obligations of

the applicants for, and holders of, those approvals.

(b) A 'repair' means elimination of damage and/or restoration to an airworthy condition following initial release into

service by the manufacturer of any product, part or appliance.

(c) Elimination of damage by replacement of parts or appliances without the necessity for design activity shall be

considered as a maintenance task and shall therefore require no approval under this Part.

(d) A repair to an ETSO article shall be treated as a change to the ETSO design and shall be processed in accordance

with 21A.611.

21A.432 Eligibility

(a) Any natural or legal person that has demonstrated, or is in the process of demonstrating, its capability under

21A.432 B shall be eligible as an applicant for a major repair design approval under the conditions laid down in this

Subpart.

(b) Any natural or legal person shall be eligible to apply for approval of a minor repair design.

21A.432B Demonstration of capability

(a) An applicant for a major repair design approval 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.

21A.433 Repair design

(a) The applicant for approval of a repair design shall:

1. Show compliance with the type-certification basis and environmental protection requirements incorporated by

reference in the type-certificate or supplemental type-certificate, as applicable, or those in effect on the date of

application (for repair design approval), plus any amendments to those certification specifications or special

conditions the Agency finds necessary to establish a level of safety equal to that established by the type-certification

basis incorporated by reference in the type-certificate or supplemental type-certificate.

2. Submit all necessary substantiation data, when requested by the Agency.

3. Declare compliance with the certification specifications and environmental protection requirements of subparagraph

(a)(1).

(b) Where the applicant is not the type-certificate or supplemental type-certificate holder, as applicable, the applicant

may comply with the requirements of paragraph (a) through the use of its own resources or through an arrangement

with the type-certificate or supplemental type-certificate holder as applicable.

21A.435 Classification of repairs

(a) A repair may be 'major' or 'minor'. The classification shall be made in accordance with the criteria of 21A.91 for a

change in the type design.

(b) A repair shall be classified ‘major’ or ‘minor’ under paragraph (a) either:

1. By the Agency, or

2. By an appropriately approved design organisation under a procedure agreed with the Agency.

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21A.437 Issue of a repair design approval

When it has been declared and has been shown that the repair design meets the applicable certification specifications

and environmental protection requirements of 21A.433(a)(1), it shall be approved:

(a) by the Agency, or

(b) by an appropriately approved organisation that is also the type-certificate or the supplemental type-certificate holder,

under a procedure agreed with the Agency, or

(c) for minor repairs only, by an appropriately approved design organisation under a procedure agreed with the

Agency.

21A.439 Production of repair parts

Parts and appliances to be used for the repair shall be manufactured in accordance with production data based upon all

the necessary design data as provided by the repair design approval holder:

(a) Under Subpart F, or

(b) By an organisation appropriately approved in accordance with Subpart G, or

(c) By an appropriately approved maintenance organisation.

21A.441 Repair embodiment

(a) The embodiment of a repair shall be made by an appropriately approved maintenance organisation, or by a production

organisation appropriately approved in accordance with Subpart G, under 21A.163 privilege.

(b) The design organisation shall transmit to the organisation performing the repair all the necessary installation instructions.

21A.443 Limitations

A repair design may be approved subject to limitations, in which case the repair design approval shall include all necessary

instructions and limitations. These instructions and limitations shall be transmitted by the repair design approval

holder to the operator in accordance with a procedure agreed with the Agency.

21A.445 Unrepaired damage

(a) When a damaged product, part or appliance, is left unrepaired, and is not covered by previously approved data, the

evaluation of the damage for its airworthiness consequences may only be made;

1. by the Agency, or

2. by an appropriately approved design organisation under a procedure agreed with the Agency.

Any necessary limitations shall be processed in accordance with the procedures of 21A.443.

(b) Where the organisation evaluating the damage under paragraph (a) is neither the Agency nor the type-certificate or

supplemental type-certificate holder, this organisation shall justify that the information on which the evaluation is

based is adequate either from its organisation's own resources or through an arrangement with the type-certificate

or supplemental type-certificate holder, or manufacturer, as applicable.

21A.447 Record keeping

For each repair, all relevant design information, drawings, test reports, instructions and limitations possibly issued in

accordance with 21A.443, justification for classification and evidence of the design approval, shall:

(a) be held by the repair design approval holder at the disposal of the Agency, and

(b) be retained by the repair design approval holder in order to provide the information necessary to ensure the

continued airworthiness of the repaired products, parts or appliances.

27.9.2003 EN Official Journal of the European Union L 243/45

21A.449 Instructions for continued airworthiness

(a) The holder of the repair design approval shall furnish at least one complete set of those changes to the instructions

for continued airworthiness which result from the design of the repair, comprising descriptive data and accomplishment

instructions prepared in accordance with the applicable requirements, to each operator of aircraft incorporating

the repair. The repaired product, part or appliance may be released into service before the changes to those

instructions have been completed, but this shall be for a limited service period, and in agreement with the Agency.

Those changes to the instructions shall be made available on request to any other person required to comply with

any of the terms of those changes to the instructions. The availability of some manual or portion of the changes 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) If updates to those changes to the instructions for continued airworthiness are issued by the holder of the repair

design approval after the repair has been first approved, these updates shall be furnished to each operator and shall

be made available on request to any other person required to comply with any of the terms of those changes to the

instructions. A programme showing how updates to the changes to the instructions for continued airworthiness are

distributed shall be submitted to the Agency.

21A.451 Obligations and EPA marking

(a) Each holder of a major repair design approval shall:

1. undertake the obligations:

(i) laid down in 21A.3, 21A.3B, 21A.4, 21A.439, 21A.441, 21A.443, 21A.447 and 21A.449;

(ii) implicit in the collaboration with the type-certificate or supplemental type-certificate holder, or both, under

21A.433 (b), as appropriate.

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

(b) Except for type-certificate holders for which 21A.44 applies, the holder of a minor repair design approval shall:

1. undertake the obligations laid down in 21A.4, 21A.447 and 21A.449; and

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

(SUBPART N — NOT APPLICABLE)

SUBPART O — EUROPEAN TECHNICAL STANDARD ORDER AUTHORISATIONS

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21A.601 Scope

(a) This Subpart establishes the procedure for issuing European Technical Standard Order authorisations and the rules

governing the rights and obligations of applicants for, or holders of, such authorisations.

(b) For the purpose of this Subpart:

1. ‘article’ means any part and appliance to be used on civil aircraft.

2. ‘European Technical Standard Order’ (referred to in this Part as ‘ETSO’) is a detailed airworthiness specification

issued by the Agency to ensure compliance with the essential requirements of the basic Regulation, and is a

minimum performance standard for specified articles.

3. An article produced under an ETSO authorisation is an approved article for the purpose of Subpart K.

21A.602A Eligibility

Any natural or legal person that produces or is preparing to produce an ETSO article, and that has demonstrated, or is

in the process of demonstrating, its capability under 21A.602B shall be eligible as an applicant for an ETSO authorisation.

L 243/46 EN Official Journal of the European Union 27.9.2003

21A.602B Demonstration of capability

Any applicant for an ETSO authorisation shall demonstrate its capability as follows:

(a) for production, by holding a production organisation approval, issued in accordance with Subpart G, or through

compliance with Subpart F procedures; and

(b) for design:

1. for an Auxiliary Power Unit, by holding a design organisation approval, issued by the Agency in accordance with

Subpart J;

2. for all other articles, by using procedures setting out the specific design practices, resources and sequence of activities

necessary to comply with this Part.

21A.603 Application

(a) An application for an ETSO authorisation shall be made in a form and manner established by the Agency and shall

include an outline of the information required by 21A.605.

(b) When a series of minor changes in accordance with 21A.611 is anticipated, the applicant shall set forth in its application

the basic model number of the article and the associated part numbers with open brackets after it to denote

that suffix change letters or numbers (or combinations of them) will be added from time to time.

21A.604 ETSO Authorisation for an Auxiliary Power Unit (APU)

With regard to ETSO authorisation for an Auxiliary Power Unit:

(a) 21A.15, 21A.16B, 21A.17, 21A.20, 21A.21, 21A.31, 21A.33, 21A.44 shall apply by way of derogation from

21A.603, 21A.606(c), 21A.610 and 21A.615, except that an ETSO Authorisation shall be issued in accordance with

21A.606 instead of the type-certificate;

(b) Subpart D or Subpart E of this Part 21 is applicable for the approval of design changes by way of derogation from

21A.611. When Subpart E is used, a separate ETSO authorisation shall be issued instead of a supplemental typecertificate.

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21A.601 Scope

(a) This Subpart establishes the procedure for issuing European Technical Standard Order authorisations and the rules

governing the rights and obligations of applicants for, or holders of, such authorisations.

(b) For the purpose of this Subpart:

1. ‘article’ means any part and appliance to be used on civil aircraft.

2. ‘European Technical Standard Order’ (referred to in this Part as ‘ETSO’) is a detailed airworthiness specification

issued by the Agency to ensure compliance with the essential requirements of the basic Regulation, and is a

minimum performance standard for specified articles.

3. An article produced under an ETSO authorisation is an approved article for the purpose of Subpart K.

21A.602A Eligibility

Any natural or legal person that produces or is preparing to produce an ETSO article, and that has demonstrated, or is

in the process of demonstrating, its capability under 21A.602B shall be eligible as an applicant for an ETSO authorisation.

L 243/46 EN Official Journal of the European Union 27.9.2003

21A.602B Demonstration of capability

Any applicant for an ETSO authorisation shall demonstrate its capability as follows:

(a) for production, by holding a production organisation approval, issued in accordance with Subpart G, or through

compliance with Subpart F procedures; and

(b) for design:

1. for an Auxiliary Power Unit, by holding a design organisation approval, issued by the Agency in accordance with

Subpart J;

2. for all other articles, by using procedures setting out the specific design practices, resources and sequence of activities

necessary to comply with this Part.

21A.603 Application

(a) An application for an ETSO authorisation shall be made in a form and manner established by the Agency and shall

include an outline of the information required by 21A.605.

(b) When a series of minor changes in accordance with 21A.611 is anticipated, the applicant shall set forth in its application

the basic model number of the article and the associated part numbers with open brackets after it to denote

that suffix change letters or numbers (or combinations of them) will be added from time to time.

21A.604 ETSO Authorisation for an Auxiliary Power Unit (APU)

With regard to ETSO authorisation for an Auxiliary Power Unit:

(a) 21A.15, 21A.16B, 21A.17, 21A.20, 21A.21, 21A.31, 21A.33, 21A.44 shall apply by way of derogation from

21A.603, 21A.606(c), 21A.610 and 21A.615, except that an ETSO Authorisation shall be issued in accordance with

21A.606 instead of the type-certificate;

(b) Subpart D or Subpart E of this Part 21 is applicable for the approval of design changes by way of derogation from

21A.611. When Subpart E is used, a separate ETSO authorisation shall be issued instead of a supplemental typecertificate.