As a UK-based organisation do I need to hold an EASA POA (as Third Country Approval) and how do I export parts to the EU?
As per the Trade and Cooperation Agreement between UK and EU published on 31/12/2020 by the European Commission and provisionally applicable as of 1 January 2021, in particular Art 21 and Art 24 of ANNEX AVSAF-1, the EU recognizes the POA issued by the UK CAA, as well as the CAA Form-1 for the export of parts:
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:22020A123…
Therefore there is no need for UK-based organisation to hold an EASA Third Country Production Organisation Approval.
Consequently, EASA has not issued any Third Country POA for UK organisations and as such, there is not any valid EASA.UK.21G.XXXX approval.
Parts manufactured by UK organisations should be exported to the EU with a CAA Form-1 referring to the UKCAA POA approval.
Please note that CAA Form-1 is only an airworthiness export certificate, which does not alleviate from any other custom/administrative export requirements to the EU.
As a UK-based production organisation, do I need to hold an EASA POA (as Third Country Approval)?
As per the Trade and Cooperation Agreement between the UK and the EU published on December 31, 2020 by the European Commission and provisionally applicable as of January 01, 2021, in particular Section E of ANNEX AVSAF-1, the EU recognises the POAs issued by the UK CAA.
Therefore, there is no need for UK-based organisation to hold an EASA Third Country Production Organisation Approval. Consequently, EASA has not issued any Third Country POA for UK organisations and as such, there is not any valid EASA.UK.21G.XXXX approval.
As a UK-based production organisation holding a UK CAA POA, can I release parts with an EASA Form-1 on or after January 01, 2021?
Since January 01, 2021, the Union law ceased to apply in the UK. As per the Trade and Cooperation Agreement between the UK and the EU published on December 31, 2020 by the European Commission and provisionally applicable as of January 01, 2021, in particular Section E of ANNEX AVSAF-1, the EU recognises the POAs issued by the UK CAA.
Hence UK-based organisations holding a UKCAA POA do not need to, nor are allowed to release parts with an EASA Form-1 since that date.
Any potential EASA Form-1 issued by a UKCAA POA holder on or after January 01, 2021 would have no legal value (“null and void”) as an authorized release certificate.
As a UK-based production organisation, how do I export civil aeronautical products to the EU?
As per the Trade and Cooperation Agreement between the UK and the EU published on December 31, 2020 by the European Commission and provisionally applicable as of January 01, 2021, in particular Section F of ANNEX AVSAF-1, the EU recognises the export certificates issued by a UKCAA POA holder or the UKCAA itself for the civil aeronautical products detailed below.
For aircraft and products intended to be exported from UK to EU the following forms (certificates) are to be used, referring to the UK CAA POA:
- For new aircraft: CAA Form 52;
- For used aircraft: export certificate of airworthiness;
- Other new products and parts: CAA Form 1.
Please note that these forms (certificates) are only used as airworthiness export certificates, which do not alleviate from any other custom/administrative export requirements applicable to the export of goods into the EU.
Further details will be provided in the Technical Implementation Procedures which will be published soon.
As an EU-based organisation, what airworthiness release certificate is acceptable from a UK-based production organisation for recertification of parts from “PROTOTYPE” to “NEW”, in case where the UK-based POA has previously issued an EASA Form 1 for “PROTOTYPE” part before the end of the transition period and the certification of the design takes place after the end of the transition period?
Any potential EASA Form-1 issued by a UKCAA POA holder on or after January 01, 2021 would have no legal value (“null and void”) as an authorized release certificate. See Q As a UK-based production organisation, do I need to hold an EASA POA (as Third Country Approval)?
In case the design is approved under an EASA DOA, the UK-based POA can issue a CAA Form 1 for “NEW” under the UK CAA POA approval. Additional clarification can be entered in block 12.
As a UK-based production organisation, how do I mark a part/appliance produced in accordance with EASA approved design data?
As per 21.A.804, the “EPA” marking should be used for parts or appliances produced in accordance with approved design data not belonging to the type-certificate holder of the related product, except for ETSO articles.
Part/appliance manufactured in accordance with EASA design data (approved either through an EASA-issued certificate or through an approval by an EASA DOA, including approval prior to January 01, 2021 from a now UK DOA working under the regime of an EASA DOA at that time) should be marked as “EPA”.
As a UK-based production organisation, such parts should be marked with “EPA” and released with a UK CAA Form-1.
As an EU-based production organisation, how do I export civil aeronautical products to the UK?
As per the Trade and Cooperation Agreement between the UK and the EU published on December 31, 2020 by the European Commission and provisionally applicable as of January 01, 2021, in particular Sections E and F of ANNEX AVSAF-1, the UK recognises the POAs issued by the EU competent authorities (EASA or National Aviation Authorities - NAA), as well as the export certificates issued by these organisations or by the Competent Authorities for the civil aeronautical products detailed below.
For civil aeronautical products intended to be exported from EU to UK the following forms (certificates) are to be used, referring to the EU competent authority POA:
- For new aircraft: EASA Form 52;
- For used aircraft: export certificate of airworthiness (issued by the competent authority of the State of Registry for the aircraft from which the aircraft is exported);
- Other new products and parts: EASA Form 1.
Please note that these forms (certificates) are only used as airworthiness export certificates, which do not alleviate from any other custom/administrative export requirements applicable to the export of goods into the UK.
Further details will be provided in the Technical Implementation Procedures which will be published soon.
Which products, parts and appliances are covered by the acceptance of the production system under the agreement between the EU and the UK?
As per the Trade and Cooperation Agreement between UK and EU, in particular Art 21 of ANNEX AVSAF-1, the production of all categories of civil aeronautical products that were produced on December 31, 2020 in the EU and the UK, respectively, are mutually accepted.
Annex AVSAF-1 further determines that these categories are to be defined in the related technical Implementation procedures.
Pending the adoption of such procedures, the following lists have been provisionally agreed between EASA and the CAA UK and are hereby published to provide guidance for industry on the application of Article 21 of Annex AVSAF-1. The list will become part of the TIP once it is adopted.
A. Categories of product accepted from UK for export to EU
- Normal, Utility, Aerobatic, and Commuter Category Aeroplanes (EASA CS-23 or equivalent)
- Hot Air Balloons (EASA CS-31HB or equivalent)
- Free Gas Balloons (EASA CS-31GB or equivalent)
- Tethered Gas Balloons (EASA CS-31TGB or equivalent)
- Engines (EASA CS-E or equivalent)
- ETSO (EASA CS-ETSO or equivalent)
- Propellers (EASA CS-P or equivalent)
- Airships
- Parts and appliances for any category of product
B. Categories of product accepted from EU for export to UK
- Sailplanes and Powered Sailplanes (EASA CS-22 or equivalent)
- Normal, Utility, Aerobatic, and Commuter Category Aeroplanes (EASA CS-23 or equivalent)
- Light Sport Aeroplanes (EASA CS-23 or equivalent, former CS-LSA)
- Very Light Aeroplanes (EASA CS-23 or equivalent, former CS-VLA)
- Large Aeroplanes (EASA CS-25 or equivalent)
- Small Rotorcraft (EASA CS-27 or equivalent)
- Large Rotorcraft (EASA CS-29 or equivalent)
- Hot Air Balloons (EASA CS-31HB or equivalent)
- Free Gas Balloons (EASA CS-31GB or equivalent)
- Tethered Gas Balloons (EASA CS-31TGB or equivalent)
- Auxiliary Power Units (EASA CS APU or equivalent)
- Engines (EASA CS-E or equivalent)
- ETSO (EASA CS-ETSO or equivalent)
- Propellers (EASA CS-P or equivalent)
- Very Light Rotorcraft (EASA CS-VLR)
- Airships
- Parts and appliances for any category of product
As an EU/EASA POA holder, is my DO/PO arrangement with a UK-based EASA DOA still valid after January 01, 2021?
As provided in the hereunder FAQ item, EASA DOAs in the UK became invalid on January 01, 2021.
As a consequence, any DO/PO arrangement between a UK-based EASA DOA and an EU/EASA POA holder existing before January 01, 2021 is not valid anymore.
A new DO/PO arrangement needs to be signed referring to the new UK CAA DOA.
Parts and appliances manufactured against a design approved by EASA or EASA DOA before January 01, 2021 can continue to be released by the EU/EASA POA holder, provided that such parts and appliances are covered by an updated DO/PO arrangement with the new UK CAA DOA .
Parts and appliances manufactured against a design approved under the UK regulatory system on or after January 01, 2021 can only be released by the EU/EASA POA holder if:
- Such parts and appliances are covered by an updated DO/PO arrangement with the new UK CAA DOA; and
- The design is accepted by EASA (minor changes/repairs) or validated by EASA (TSO, Major changes/repairs, STC, TC) as detailed in the Trade and Cooperation Agreement between UK and EU and the Technical Implementation Procedures between UK CAA and EASA (when available).