Disclaimer:
These questions explain the application of the BASA between the EU and UK on certain aspects of aviation safety.
Will my existing design approvals (Type Certificates, Supplemental Type Certificates, European Technical Standard Orders, approvals of design changes, approvals of repair design) issued before January 1, 2021 by EASA or by my organisation under an EASA privilege remain valid after December 31, 2020?
Yes, the BASA includes provisions that ensure that design certificates and approvals issued under the EASA system until December 31, 2020 are transferred into the new system and remain effective after January 1, 2021.
Will my existing EASA design organisation approval (DOA) or alternative procedure to design organisation approval (ADOA) remain valid after December 31, 2020?
The BASA contains provisions on how design certificates and approvals issued by the UK CAA will be validated by EASA. Under these provisions, an EASA DOA/ADOA will no longer be needed to obtain a validation by EASA of a design approval issued by the UK CAA. Therefore, while EASA DOAs became invalid on January 1, 2021, said UK-based design organisations cannot exercise any longer privileges of their former EASA Part 21 DOA certificate. All future design work of UK-based design organisations should be performed under the UK CAA oversight.
What happens to my ongoing projects/applications with EASA?
From January 1, 2021, EASA will no longer be acting as competent authority for the UK as State of design – this role will be taken over by the UK CAA. EASA and UK CAA are working together to ensure a smooth transfer of ongoing files. In case you want to continue the project, please contact the UK CAA for further information.
What about validation of my existing design approvals by third countries?
The existing bilateral agreements between the EU and third country partners will no longer apply to the UK after BREXIT. If you are a UK organisation, you will need to contact the UK CAA for any future validations of your design approvals in foreign states.
Will my previously processed and approved validations remain valid after BREXIT?
The existing bilateral aviation safety agreements between the EU and third country partners will no longer apply to the UK after December 31, 2020. Therefore, if you are a design organisation located in the UK you will need to contact the UK CAA for the continued validity of your design approvals in foreign states.
What design changes are accepted by both EASA and UK CAA?
The Trade and Cooperation Agreement between UK and EU states that minor changes and minor repairs approved by UK CAA or a UK CAA approved design organisation are accepted by EASA and vice versa without a need for issuance of an additional certificate.
Further details can be found in ANNEX 30 AIRWORTHINESS AND ENVIRONMENT CERTIFICATION, Article 13.
What EASA approved design changes are accepted by the UK CAA?
The Trade and Cooperation Agreement between UK and EU states that non-significant supplemental type certificates, approvals of non-significant major changes, repairs and technical standard order authorisations issued by EASA or an EASA approved design organisation are accepted by the UK CAA without a need for issuance of an additional certificate. Further clarification on classification will be provided in the UK CAA/EASA TIP.
Further details can be found in ANNEX 30 AIRWORTHINESS AND ENVIRONMENT CERTIFICATION, Article 13.
What UK CAA approved design changes will be subject to technical validation by EASA?
The Trade and Cooperation Agreement between UK and EU states that type certificates, supplemental type certificates, approvals for major changes, major repairs and technical standard order authorisations issued by the UK CAA or by a UK CAA approved design organisation will not be directly accepted by EASA and will be subject to technical validation by EASA. In some cases, when agreed by UK CAA and EASA, a streamlined validation may be performed.
Further details can be found in ANNEX 30 AIRWORTHINESS AND ENVIRONMENT CERTIFICATION, Article 10.
What EASA approved design changes will be subject to technical validation by the UK CAA?
The Trade and Cooperation Agreement between UK and EU states that type certificates, significant supplemental type certificates and approvals for significant major changes will be subject to either technical validation or streamlined validation by the UK CAA. Further clarification on classification and corresponding validation path will be provided in the UK CAA/EASA TIP.
With the UK no longer belonging to the EASA system, what is the status of supplemental type-certificates/ design changes approved by the CAA UK before the creation of EASA and that were previously considered grandfathered? What about TCs and ETSOAs?
Article 4 of Regulation (EU) No 748/2012 - Continued validity of supplemental type-certificates
With regard to supplemental type-certificates issued by a Member State under JAA procedures or applicable national procedures and with regard to changes to products proposed by persons other than the type-certificate holder of the product, which were approved by a Member State under applicable national procedures, if the supplemental type-certificate, or change, was valid on 28 September 2003, the supplemental type-certificate, or change shall be deemed to have been issued under this Regulation.
These STCs/changes being deemed to have been issued under this Regulation were EASA valid certificates at the date of 31.12.2020 (irrespective of their origins and like any other certificate issued in accordance with Reg. 748/2012) and are therefore covered by Article 15 of ANNEX AVSAF-1.
As per Article 3 and 6 of Regulation (EU) No 748/2012 - Continued validity of type-certificates and related certificates of airworthiness and parts and appliances certificates, the same applies in analogy to Type Certificates and European Technical Standard Orders.