21L.A.21 Scope

Regulation (EU) 2022/1358

This Subpart establishes the procedure for applying for type certificates, and establishes the rights and obligations of the applicants for, and holders of, those certificates for products, when the product is one of the following:

(a) an aeroplane with a maximum take-off mass (MTOM) of 2 000 kg or less with a seating configuration of maximum four persons;

(b) a sailplane or powered sailplane with an MTOM of 2 000 kg or less;

(c) a balloon;

(d) a hot air airship;

(e) a passenger gas airship designed for not more than four persons;

(f) a rotorcraft with an MTOM of 1 200 kg or less with a seating configuration of maximum four persons;

(g) a piston engine and fixed pitch propeller that are intended to be installed on an aircraft referred to in points (a) to (f). In such cases, the type certificate data sheet shall be appropriately annotated to only permit installation of the engine or propeller on such aircraft;

(h) gyroplanes.

GM1 21L.A.21 Scope

ED Decision 2023/013/R

A type certificate (TC) that is issued under Subpart B of Annex I (Part 21) has the same validity as a TC that is issued under Subpart B of Annex Ib (Part 21 Light). However, the eligibility for design organisations is different (e.g. declared design organisations using Subpart J of Annex Ib are permitted to apply for a TC), and also the means of verifying compliance is different.

In addition, the production organisation requirements are also different, and organisations are permitted to become declared production organisations using Subpart G of Annex Ib (Part 21 Light) and produce products and parts within the scope of point 21L.A.21.

As per point 21L.A.23(b), an organisation that holds a design organisation approval (DOA) issued under Subpart J of Annex I (Part 21) meets the eligibility criteria of Subpart B of Annex Ib (Part 21 Light). Such organisations may use the privileges that are granted under that approval (as per points (2), (5) and (8) of point 21.A.263(c) of Annex I (Part 21)) and further described in points 21L.A.69(a) and 21L.A.209(a) of Annex Ib (Part 21 Light).

Furthermore, an organisation that holds a production organisation approval (POA) issued under Subpart G of Annex I (Part 21) is permitted to use that approval to release products and parts within the scope of Subpart B of Annex Ib (Part 21 Light), and use the privileges that are granted under that approval (as per point 21.A.163(b) of Annex I (Part 21)) and further described under points 21L.A.143(c)(1)(ii) and 21L.A.163(c)(1)(i)(C) of Annex Ib (Part 21 Light).

21L.A.22 Eligibility

Regulation (EU) 2022/1358

Any natural or legal person who has demonstrated, or is in the process of demonstrating, their design capability in accordance with point 21L.A.23, may apply for a type certificate under the conditions laid down in this Subpart.

21L.A.23 Demonstration of design capability

Regulation (EU) 2022/1358

An applicant for a type certificate shall demonstrate their design capability by:

(a) holding a design organisation approval with terms of approval that cover the respective category of the product, issued by the Agency in accordance with Subpart J of Section A of Annex I (Part 21); or

(b) declaring their design capability for the type of design work and the category of the product in accordance with Subpart J of this Annex.

GM1 21L.A.23(a) Demonstration of design capability

ED Decision 2023/013/R

TERMS OF APPROVAL COVERING THE RESPECTIVE PRODUCT CATEGORY

If an applicant holds a design organisation approval (DOA) issued under Subpart J of Annex I (Part 21) and it wishes to use this approval to meet the eligibility criteria of point 21L.A.23, that applicant will need to apply for a change to the terms of approval to include the new aircraft type within the list of products.

GM1 21L.A.23(b) Demonstration of design capability

ED Decision 2023/013/R

DECLARATION OF DESIGN CAPABILITY

Organisations that have declared their design capability under Subpart J of Annex Ib (Part 21 Light) should update their declaration of design capability to include the new product type when submitting a new application for a type certificate (see point 21L.A.173 ‘Scope of work’).

21L.A.24 Application for a type certificate

Regulation (EU) 2022/1358

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

(b) An application for a type certificate shall include as a minimum:

1. a justification that the application is within the scope as established in point 21L.A.21;

2. preliminary descriptive data of the product, the intended use, and the kind of operation of the product for which certification is requested;

3. a proposal for the type-certification basis and the applicable environmental protection requirements, prepared in accordance with the requirements and options specified in points 21L.B.43 and 21L.B.45;

4. a compliance demonstration plan detailing the means and methods of compliance that shall be updated by the applicant when there are changes to the certification project that affect points (1) to (3) or any changes to the means and methods of compliance.

(c) An application for a type certificate shall remain valid for 3 years. In case a type certificate has not been issued within this period, a new application shall be made in accordance with points (a) and (b).

AMC1 21L.A.24(a) Application for a type certificate

ED Decision 2023/013/R

FORM AND MANNER

The applicant should file an application using the web-based ‘EASA Applicant Portal’⁷⁵https://ap.easa.europa.eu (accessed: 20 October 2023) or the application form for a type certificate, which may be downloaded from the EASA website.

The form should be completed for a type certificate in accordance with the instructions embedded at the bottom of the application form, and sent to the Agency by fax, email or regular mail following the information provided on the EASA website⁷⁶https://www.easa.europa.eu/document-library/application-forms/certifica… (accessed: 20 October 2023).

AMC1 21L.A.24(b)(4) Application for a type certificate

ED Decision 2023/013/R

COMPLIANCE-DEMONSTRATION PLAN

The compliance-demonstration plan is a document that allows the applicant and EASA to manage and control the evolving product type design, as well as the process of compliance demonstration by the applicant and its verification by EASA when required.

In particular, the following information should typically be expected:

—      Identification of the relevant personnel that make decisions affecting airworthiness and environmental protection, and that will interface with EASA during the critical design review prior to the issue of the flight conditions and during the first-article inspection, unless otherwise identified to EASA (e.g. within the design organisation procedures).

—      A project schedule, including major milestones.

—      Subcontracting arrangements for design, environmental protection and/or production.

As requested under Point 21L.A.24(b)(2), ‘preliminary descriptive data of the product, the intended use, and the kind of operation of the product for which certification is requested’

Note: An example of an Aeroplane General Description is provided in ABCD-GD-01-00 – Aeroplane General Description – 17.02.16 – v1 (1)⁷⁷https://www.easa.europa.eu/download/general-aviation/documents-guidance….

An overview of the following:

—      architecture, functions, systems;

—      dimensions, design weights, payloads, design speeds;

—      engines and power/thrust rating;

—      materials and technologies;

—      cabin configuration aspects;

—      options (e.g. weight variants, power/thrust rating variants, optional avionics equipment items, brake options, tyre options, floats, skids);

—      operating speed limitations;

—      service ceiling, maximum airfield elevation;

—      limit load factors;

—      number of passengers, payload, range;

—      weight and centre-of-gravity (CG) envelope and fuel loading;

—      performance;

—      environmental envelope;

—      runway surface conditions.

As requested under Point 21L.A.24(b)(3), ‘a proposal for the type-certification basis and the applicable environmental protection requirements, prepared in accordance with the requirements and options specified in points 21L.B.43 and 21L.B.45’

The proposed certification basis should include applicable certification specifications, proposed special conditions, proposed equivalent safety findings, as well as a proposed ‘elect to comply’ and proposed deviations, as applicable.

The applicant should provide detailed information about the proposed means of compliance with the applicable airworthiness and environmental protection requirements identified under point 21L.A.24(b)(3). The information provided should be sufficient for EASA to easily determine the means of compliance used.

This should include the following:

—      a compliance checklist addressing each requirement, the proposed means of compliance (see Appendix A to AMC1 21L.A.24(b) below for the relevant codes), and the related compliance document(s);

—      identification of industry standards (Society of Automotive Engineers (SAE), American Society for Testing and Materials (ASTM), European Organisation for Civil Aviation Equipment (EUROCAE), AeroSpace and Defence Industries Association of Europe (ASD), etc.), methodology documents, handbooks, technical procedures, technical documents and specifications specified in the type certificate data sheet, certification memoranda, policy statements, guidance material, etc., that are proposed in the demonstration of compliance;

—      when the compliance demonstration involves testing (point 21L.A.25(c) and (d)), a description of the ground- and flight-test article(s), test method(s), test location(s), test schedule, test house(s), test conditions (e.g. limit load, ultimate load), as well as of the intent/objective(s) of the testing; and

—      when the compliance demonstration involves analyses/calculations, a description/ identification of the tools (e.g. name and version/release of the software programs) and methods used, the associated assumptions, limitations and/or conditions, as well as of the intended use and purpose; furthermore, the validation and verification of such tools and methods should be addressed.

For every aspect mentioned above, the applicant should clearly identify whether the demonstration of compliance involves any method (analysis or test) which is novel or unusual for the applicant. In addition, the applicant should identify any deviations from the published AMC to the relevant CSs.

Appendix A to AMC1 21L.A.24(b) Means-of-compliance codes

ED Decision 2023/013/R

AMC2 21L.A.24(b)(4) Application for a type certificate

ED Decision 2023/013/R

UPDATES TO THE COMPLIANCE-DEMONSTRATION PLAN

It is acceptable to provide an initial compliance-demonstration plan that is not fully complete, e.g. due to schedule constraints of the design, analysis and testing activities.

The applicant should provide information in the compliance-demonstration plan that is provided to EASA about the applicable certification specifications and the environmental protection requirements (e.g. for aircraft noise: in terms of the applicable chapter of Volume I of Annex 16 to the Chicago Convention and the related limits).

Furthermore, even if the initial compliance-demonstration plan is complete, it may be necessary to amend it throughout the duration of the project.

The compliance-demonstration plan should be updated and resubmitted to EASA during the certification project. In particular, updates to the following elements should be provided:

—      any complementary information that was not included in the initial compliance-demonstration programme;

—      any change that may have an impact on the certification basis or means of compliance;

—      any change to the intended use or kind of operation of the product;

—      a change to the key characteristics of the product such as but not limited to any declared limits that are intended to be recorded in the type certificate data sheet (TCDS);

—      any change to the initial type-certification basis or environmental protection requirements, as applicable to the product, regardless whether the change is initiated by EASA or by the applicant;

—      any change to the proposed means of compliance, including its/their methodology;

—      any relevant change to the design organisation personnel (and design organisation (DO) suppliers) that are involved in the project; and

—      any change to the project schedule affecting planned Agency verification activities under point 21L.B.46.

GM1 21L.A.24(c) Application for a type certificate

ED Decision 2023/013/R

PERIOD OF VALIDITY OF AN APPLICATION FOR A TYPE CERTIFICATE

An extension of the 3‑year validity period for the initial application for a type-certificate is not possible.

After the 3‑year validity period of the application for a type certificate, the new application made in accordance with points (a) and (b) of point 21L.A.24 will be again valid for a period of 3 years.

21L.A.25 Demonstration of compliance

Regulation (EU) 2022/1358

(a) The applicant for a type certificate shall, following the acceptance of the compliance demonstration plan by the Agency and in accordance with its contents, then:

1. demonstrate compliance with the applicable type-certification basis as established and notified to the applicant by the Agency in accordance with point 21L.B.43;

2. demonstrate compliance with the applicable environmental protection requirements as established and notified to the applicant by the Agency in accordance with point 21L.B.45; and

3. provide the Agency with the means by which such compliance has been demonstrated.

(b) The applicant for a type certificate shall provide the Agency with a recorded justification of the means of compliance within compliance documents according to the compliance demonstration plan.

(c) When carrying out testing and inspections to demonstrate compliance in accordance with point (a), the applicant shall have verified and documented this verification prior to carrying out any test:

1. for each test specimen, that:

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

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

(iii) the manufacturing processes, construction and assembly adequately conform to those specified in the proposed type design; and

2. that the test and measuring equipment used for the test were adequate for the test and appropriately calibrated.

(d) The flight testing for the purpose of obtaining a type certificate shall be conducted in accordance with the methods for such flight testing specified by the Agency. The applicant for a type certificate shall make all the flight tests necessary to determine compliance with the applicable type-certification basis. The flight tests shall include a period of operation in a final configuration of a sufficient duration to ensure that there will be no safety issues when the aircraft first enters service.

(e) An applicant for a type certificate shall allow the Agency to:

1. review any data and information related to the demonstration of compliance;

2. witness or carry out any test or inspection conducted for the purpose of the demonstration of compliance;

3. conduct a physical inspection of the first article of that product in the final configuration to verify the compliance of the design with the type-certification basis and the applicable environmental protection requirements and any other investigation determined in accordance with point 21L.B.46.

(f) Upon the completion of the compliance demonstration, the applicant shall declare to the Agency that:

1. they have demonstrated compliance with the type-certification basis and the applicable environmental protection requirements as established and notified to the applicant by the Agency in accordance with points 21L.B.43 and 21L.B.45, according to the compliance demonstration plan; and

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

AMC1 21L.A.25(a);(b) Demonstration of compliance

ED Decision 2023/013/R

COMPLIANCE DOCUMENTATION

(a) Compliance documentation comprises one or more test or inspection programmes/plans, reports, drawings, design data, specifications, calculations, analyses, etc., and provides a record of the means by which compliance with the applicable type-certification basis and environmental protection requirements is demonstrated.

(b) Each compliance document should normally contain:

—       the reference of the certification specifications, special conditions or environmental protection requirements addressed by the document;

—       substantiation data demonstrating compliance (except test or inspection programmes/plans);

—       a statement by the applicant declaring that the document provides the proof of compliance for which it has been created; and

—       the appropriate authorised signature.

(c) Each compliance document should be unequivocally identified by its reference and issue date. The various issues of a document should be controlled and comply with point 21L.A.7 ‘Record-keeping’.

AMC1 21L.A.25(c) Demonstration of compliance

ED Decision 2023/013/R

INSPECTIONS AND TESTS

Proposed type design: this term defines the type design (or the portion of the type design) as it is determined at the time when the testing and inspections are performed.

Verification document (also known as ‘statement of conformity’): before each testing and inspection the verification document must confirm that the test specimen conforms with the proposed type design and that the test and measuring equipment is adequate for the test and that the sensors and measuring system are appropriately calibrated.

Conformity of the test specimen: the documented verification is intended to ensure that the manufactured test specimen, even in the presence of non-conformities, adequately represents the proposed type design. Possible types of non-conformity may be the following:

—      Non-conformity between the design of the test specimen and the proposed type design at the time of the test. These are typically identified in the early stage of the testing and inspection planning, and should be addressed as early as possible (e.g. in the test plan). There may be several reasons for such a non-conformity: to account for interfaces with the test equipment, to conservatively cover several existing or future design configurations, etc.

—      Non-conformity between the manufactured test specimen and the design of the test specimen. Such a non-conformity may be the result of the manufacturing of the test specimen.

While it is convenient to define any possible non-conformity as early as possible, the applicant does not need to make the distinction between the two types of non-conformity above as long as they are explicitly addressed, justified in the verification document or by cross reference to the test plan or other documents. However, testing for the demonstration compliance with the applicable environmental protection requirements should be conducted in the final design of the product.

Type certification is typically an iterative process in which the design is under continuous evolution. If the type design evolves after the time of the testing and inspections, then the final type design should be checked against the proposed type design (as it was at the time of the testing and inspections), and the differences (if any) should be analysed to ensure that the testing and inspection results are representative of the final configuration. However, such changes made to the type design may lead to the invalidation of the testing and inspection results, and the need to repeat the testing and inspections. It is recommended that the design organisation should have a thorough configuration management process to track the evolving type design.

Conformity of test and measuring equipment: the configuration of the test and measuring equipment should be defined in the test plan and include the following:

—      definition/design of the test equipment (relevant tools, mechanical parts, electronic components used to execute the test); and

—      definition of the measuring equipment:

—       type/model of sensors, together with their technical characteristics;

—       position and orientation of exciters and sensors; and

—       electronic measuring equipment (in some cases, this may also include the acquisition and post-processing of data).

The configuration of the test and measuring equipment should be defined and controlled through certification test plans and supporting documentation, according to the design assurance system, if applicable. The test plan should also include the following elements:

—      the test cases, methods, and procedures for test execution;

—      the pass–fail criteria; and

—      pre-, during- and post-test inspections.

The verification document should confirm that the test and measuring equipment conforms to its purpose, and that the sensors and measuring system are appropriately calibrated. Any non-conformity should be assessed, and it should be justified that it will not compromise the test purpose and results. This can be done either in the verification document or by cross reference to other documents (test minutes of meetings, test notes, etc.).

Use of the term ‘adequate’: the test specimen, as well as the test and measuring equipment, is considered ‘adequate’ as long as the test execution on the manufactured test specimen (including any non-conformity) and the use of the installed test set-up does not compromise the test purpose and results (for example, by providing better performance than the proposed type design, or masking any potential failure mode or behaviour).

Changes that affect the validity of the verification document: if changes need to be introduced to the test specimen or to the test and measuring equipment after the verification is documented (and before the test is undertaken), then the verification document must be updated. The updated verification document must be made available to EASA before the test if EASA has informed the applicant that it will witness or carry out the tests or inspections.

Development versus certification tests: sometimes, tests of specimens that conform to a preliminary design, but are not intended for certification (known as development tests), are performed as part of a risk control strategy and to develop knowledge of a subject. Problems and failures found during development are part of the process of increasing the understanding of the design, including its failure modes and the potential for optimisation. Such development tests do not need to meet the requirements of point 21L.A.25(c).

Any planned test event should be classified in advance as either a development test or a certification test. Tests that support the compliance demonstration should be classified as certification tests.

It is acceptable for a development test to finally form part of the compliance demonstration, and it may be declared afterwards to be a certification test as long as it meets the requirements of point 21L.A.25(c). For this reason, it is important to keep the configuration of such tests under control.

If the test specimen used for a certification test has already undergone a series of previous tests that may affect or ultimately invalidate its acceptance as required by point 21L.A.25(c), this aspect should be considered when documenting the verification, and specific analyses or inspections may be required.

Because of the above aspects, EASA advises applicants to inform it if they intend to conduct a campaign of development tests that may eventually be used as certification tests to establish whether EASA would wish to witness the test.

GM1 21L.A.25(d) Demonstration of compliance

ED Decision 2023/013/R

FLIGHT TESTING

Detailed material on flight testing for compliance demonstration is included in the applicable CSs and GM. Information on flight testing for compliance demonstration with the environmental protection requirements especially in terms of aircraft noise may be found in Annex 16 to the Chicago Convention and in ICAO Doc 9501 ‘Environmental Technical Manual’.

The objective of the period of operation in the final configuration is to expose the aircraft to the variety of uses, including training, that are likely to occur when in routine service to provide an assurance that it performs its intended functions to the standard required for certification and should continue to do so in service. The flight tests should include a range of representative ambient operating conditions and airfields.

This period of operation may fully overlap with the compliance-demonstration flight testing if it can be demonstrated that the above criteria are met.

The duration of this period as well as the approach selected (i.e. use of compliance-demonstration flights or extending the period of operation) should be proposed in the compliance-demonstration plan.

The flight testing should cover both routine operations and some simulation of abnormal conditions. The details of the programme should be agreed with EASA prior to commencement of the testing.

It may be possible to combine this testing with any testing required to demonstrate compliance with the applicable CSs. This will be agreed on a case-by-case basis with EASA.

A substantial proportion of the flying should be on a single aircraft (and, if applicable, a combination of engine and propeller). The flying should be carried out to a continuous schedule on an aircraft that is very close to the final type design, operated as though it were in service and should include a range of representative ambient operating conditions and airfields.

AMC1 21L.A.25(e)(1) Demonstration of compliance

ED Decision 2023/013/R

REVIEW OF DATA AND INFORMATION RELATED TO THE DEMONSTRATION OF COMPLIANCE

Availability of compliance data (see point 21L.A.25(e)): data and information required to be provided by the applicant should be made available to EASA in a reliable and efficient way as agreed by EASA.

AMC1 21L.A.25(e)(2) Demonstration of compliance

ED Decision 2023/013/R

TESTS AND INSPECTIONS

The applicant should inform EASA sufficiently in advance about the execution of tests and inspections that:

1. are used for compliance-demonstration purposes; and

2. have been identified as being of particular interest to EASA during the review and approval of the compliance-demonstration plan

in order to permit EASA the opportunity to witness or carry out these inspections or tests.

The applicant may propose to EASA to witness or carry out flight or other tests of particular aspects of the product during its development and before the type design is fully defined.

However, in case of flight tests, the applicant should perform the tests before EASA witnesses or performs them to ensure that no features of the product preclude the safe conduct of the evaluation requested. The Agency may require any such tests to be repeated once the type design is fully defined to ensure that subsequent changes have not adversely affected the conclusions from any earlier evaluation.

A verification document as per point 21L.A.25(c) is required for the above tests.

AMC1 21L.A.25(e)(3) Demonstration of compliance

ED Decision 2023/013/R

PHYSICAL INSPECTION OF THE FIRST ARTICLE

Note: The applicant should be prepared for any additional investigations as notified by EASA according to point 21L.B.46(d).

1.   Purpose

The purposes of the first-article inspection (of the article that is in conformance with the proposed type design for certification) prior to the issuance of the type certificate for a particular aircraft, propeller or engine design are the following:

a. for EASA to verify completion of the demonstration-of-compliance activities conducted by the applicant under point 21L.A.25 and in accordance with the approved compliance-demonstration plan;

b. for EASA to verify¹ that the type design complies with the type-certification basis and the applicable environmental protection requirements;

c. In case the applicant is a declared design organisation, for EASA to conduct a further oversight visit in accordance with point 21L.B.183(b) of Subpart J in order to ensure that the applicant is able to discharge its obligations.

¹ The verification of compliance is limited to the scope of the activities that can be conducted under point 2 and the elements of the design that are selected for review based upon a risk-based approach to compliance.

2.   Methodology and evidence

The first-article inspection will be conducted by EASA at an appropriate location(s) selected by the applicant for a type certificate. This (these) location(s) should:

—      include the physical location of the aircraft, engine or propeller for which a type certificate has been requested; and

—      be in the principal place of business (which in accordance with Article 8(2) of Regulation (EU) No 748/2012 must be in an EU Member State).

Note: The principal place of business is defined as follows: ‘The head office or registered office of the organisation within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised.’

The Agency will conduct a physical inspection of the aircraft, engine or propeller for which a type certificate has been requested. This inspection, along with any other activity that EASA deems necessary (see point 21L.A.25(e)), should ensure that the objectives mentioned in point 1 are met.

The applicant for a type certificate should make the following arrangements to support the first-article inspection:

a. prepare the aircraft engine, propeller, systems or components for live testing (including flight testing) upon EASA’s request;

b. make available the final version of the compliance-demonstration plan;

c. make available the declaration of compliance for the product (aircraft, engine and/or propeller);

d. provide access to the supporting compliance documentation and test reports;

e. provide access to key design and production personnel;

f. make available any design processes and procedures that were used.

When the applicant has selected to use flight testing to demonstrate compliance (see MC6 in Appendix A to AMC1 21L.A.24(b)), EASA may decide to conduct flight testing to verify compliance. This flight testing will be performed according to a plan proposed by the applicant prior to the first-article inspection and agreed by EASA.

The above list of additional sources of evidence is not exhaustive.

It is possible that during the first-article inspection, EASA may discover evidence that:

a. the design is not in compliance with the type-certification basis or the applicable environmental protection requirements (this could be due to the applicant misinterpreting or misunderstanding the applicable design requirements);

b. the applicant has not fulfilled its design obligations as a declared design organisation;

c. there are shortfalls in the applicant’s design management system (in accordance with point 21.A.239 or point 21L.A.174) that result in a non-compliance or loss of control of the design.

If such evidence is discovered, the applicant should support EASA in conducting a more in-depth investigation into the compliance documentation and/or the design practices of the design organisation. The purpose of this in-depth investigation should be to determine whether or not compliance was demonstrated, the root cause and the corrective actions. This investigation should also serve to prevent a reoccurrence of the issue.

3.   Aircraft condition and configuration

The aircraft, engine or propeller presented to EASA should be in the final configuration for which a type certificate has been requested and the compliance demonstration has been declared.

The applicant may arrange visits with EASA prior to the declaration of compliance, in accordance with point 21L.A.25(f) (for example, for noise testing).

Any differences between the configuration presented to EASA for the first-article inspection and the final configuration in the declaration of compliance (in accordance with point 21L.A.25(f)) should be justified by the applicant and may, therefore, depending upon their criticality, be subject to more focused scrutiny during the first-article inspection. It is possible that some differences from the final configuration may delay the issuance of the type certificate.

4.   Findings and resolution

In the process of the activities mentioned in point 2, EASA will raise an appropriate finding or observation against the aircraft or declared design organisation if a non-compliance is discovered. Findings of non-compliance should be resolved by the applicant before the type certificate is issued.

5.   Duration and schedule

The first-article inspection may be a single visit or multiple visits depending on the complexity of the design. For example, EASA may wish to witness or participate to compliance-demonstration testing (for example, noise testing) prior to the first-article inspection.

The applicant should coordinate with the competent authority so that the first-article-inspection activities conducted under point 21L.B.143(b) are conducted as far as practicable at the same time as first-article-inspection activities conducted under point 21L.B.46(c).

GM1 21L.A.25(f) Demonstration of compliance

ED Decision 2023/013/R

DECLARATION OF COMPLIANCE

All compliance-demonstration activities conducted in accordance with the compliance-demonstration plan, including all the testing and inspections conducted in accordance with point 21L.A.25(c) and all flight testing conducted in accordance with point 21L.A.25(d) and those necessary to determine compliance with the applicable environmental protection requirements should be completed before the issuance of the final declaration of compliance.

‘No feature or characteristic’ that may make the product unsafe in point 21L.A.25(f)(2) means the following: while every effort is made to address in the applicable certification basis all the risks to product safety that may be caused by the product, experience shows that safety-related events may occur with products in service, even though compliance with the certification basis is fully demonstrated. One of the reasons may be that some existing risks are not properly addressed in the certification basis. Therefore, the applicant should declare that it has not identified any such features or characteristics.

‘No feature or characteristic’ that may make the product environmentally incompatible (point 21L.A.25(f)(2)):

It is assumed that environmental compatibility is demonstrated when the product complies with the applicable environmental protection requirements. Therefore, the applicant, when declaring that the aircraft complies with the applicable environmental protection requirements under point 21L.A.25(f)(1), shall also declare that they have not identified any such feature or characteristic.

21L.A.26 Type design

Regulation (EU) 2022/1358

The applicant for a type certificate shall define the product type design to enable its unique and unambiguous identification, consisting of:

(a) drawings and specifications and a listing of those drawings and specifications that are necessary to define the configuration and the design features of the product;

(b) information on the materials and processes used;

(c) information on the methods of manufacture and assembly;

(d) any airworthiness limitations; 

(e) the environmental compatibility requirements; and

(f) any other data allowing by comparison the determination of the airworthiness, and, if relevant, the environmental compatibility of later products of the same type.

21L.A.27 Requirements for the issuance of a type certificate

Regulation (EU) 2022/1358

In order to be issued with a type certificate, the applicant shall:

(a) demonstrate their design capability in accordance with point 21L.A.23;

(b) demonstrate the compliance of the design in accordance with point 21L.A.25;

(c) demonstrate, for aircraft type certificates, that the engine or propeller, or both, if installed on the aircraft, have either:

1. a type certificate issued or determined in accordance with Annex I (Part 21) or issued in accordance with this Annex; or

2. been included within the application for the aircraft type certificate and the applicant has ensured the compliance of the engine and propeller during the compliance demonstration in point 21L.A.25;

(d) demonstrate that there are no unresolved issues from the physical inspection of the first article of that product in the final configuration or any other investigation carried out by the Agency in accordance with points (c) and (d) of point 21L.B.46.

GM1 21L.A.27(c)(1) Requirements for the issuance of a type certificate

ED Decision 2023/013/R

CLARIFICATION OF THE TERM ‘DETERMINE’

A type certificate ‘determined’ in accordance with Part 21 Light means a type certificate or a document that allows the issuance of a certificate of airworthiness issued before 28 September 2003 by a Member State that complies with Article 3(1)(a) of Regulation (EU) No 748/2012.

AMC1 21L.A.27(d) Requirements for the issuance of a type certificate

ED Decision 2023/013/R

DEMONSTRATION OF NO UNRESOLVED ISSUES

After the physical inspection and investigation carried out by EASA in accordance with points 21L.A.46(c) and (d), and upon notification from EASA in accordance with point 21L.B.46(d), the applicant should carry out the necessary actions, such as:

— redesign,

— retesting,

— additional compliance-demonstration activities,

— corrections and updates to compliance-demonstration documents

to ensure that no unresolved issues remain.

When any findings from the first-article inspection are resolved by the applicant to the satisfaction of EASA or no findings are raised by EASA or the competent authority, then point 21L.A.27(d) will be considered met.

21L.A.28 Obligations of a type-certificate holder

Regulation (EU) 2022/1358

The holder of a type certificate shall undertake the obligations of a type-certificate holder set forth in Subpart A of this Annex and shall continue to comply with the eligibility requirement under point 21L.A.22.

21L.A.29 Transferability of a type certificate

Regulation (EU) 2022/1358

A type certificate may be transferred to a new holder, provided that the Agency has verified, in accordance with point 21L.B.49, that the natural or legal person to whom the type certificate is intended to be transferred is eligible in accordance with point 21L.A.22 to hold a type certificate and is able to undertake the obligations of a type-certificate holder under point 21L.A.28. The holder of the type certificate or the natural or legal person who wishes to adopt the certificate shall apply to the Agency to verify whether these conditions are complied with, in a form and manner established by the Agency.

AMC1 21L.A.29 Transferability of a type certificate

ED Decision 2023/013/R

The applicant should file an application using the form for the transfer of a certificate (FO.CERT.00038), which may be downloaded from the EASA website⁷⁸https://www.easa.europa.eu/document-library/application-forms/certifica… (accessed: 20 October 2023).

This form should be completed in accordance with the instructions embedded at the bottom of the application form, and sent to EASA by fax, email or regular mail following the information provided on the EASA website⁷⁹https://www.easa.europa.eu/document-library/application-forms/certifica… (accessed: 20 October 2023).

21L.A.30 Continued validity of a type certificate

Regulation (EU) 2022/1358

(a) A type certificate shall remain valid as long as:

1. the type certificate is not surrendered by the holder;

2. the holder of the type certificate remains in compliance with the relevant requirements of Regulation (EU) 2018/1139 andthe delegated and implementing acts adopted on the basis thereof, taking into account the provisions related to the handling of findings as specified under point 21L.B.21;

3. the type certificate is not revoked by the Agency in accordance with point 21L.B.22.

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