text: OJ L 240, 7.9.2002, p. 1. Regulation as last amended by

text: Regulation (EC) No 1701/2003

text: (OJ L 243, 27.9.2003, p. 5). OJ L 243, 27.9.2003, p. 6. Regulation as last amended by

text: Regulation (EC) No 706/2006

text: (OJ L 122, 9.5.2006, p. 16).

text: Decision of the Management Board concerning the procedure to be applied by the Agency for the issuing of opinions, certification specifications and guidance material (“rulemaking procedure”), EASA MB/7/03, 27.6.2003. See: NPA No 20-2005 See: CRD No 20-2005

identifier: AMC & GM to Part 21 — Issue 1, Amendment 1

beslut: ED Decision 2006/013/R

text: ED Decision 2006/13/R 20/12/2006

text: European Aviation Safety Agency

text: DECISION No 2006/13/R

text: OF THE EXECUTIVE DIRECTOR OF THE EUROPEAN AVIATION SAFETY AGENCY

text: of 20 December 2006

text: amending Decision No 2003/01/R of 17 October 2003 on acceptable means of compliance and guidance material for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (“AMC and GM to Part 21”)

text: THE EXECUTIVE DIRECTOR OF THE EUROPEAN AVIATION SAFETY AGENCY,

text: Having regard to

text: Regulation (EC) No 1592/2002

text: of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (hereinafter referred to as the Basic Regulation), and in particular Articles

text: and

text: thereof.

text: Having regard to the

text: Commission Regulation (EC) No 1702/2003 of 24 September 2003

text: laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations .

text: Whereas:

text: (1) Non-required equipment in sailplanes is certified on a non-hazard basis.

text: (2) The current explanation of the term “standard part” implies that all equipment in sailplanes must be produced under a Production Organisation Approval, which for non-required equipment is not commensurate with the design approval effort.

text: (3) An extension of the Standard Parts definition to include non-required equipment for sailplanes will restore consistency between the design an production requirements for these parts.

text: (4) The Agency shall issue certification specifications, including airworthiness codes and acceptable means of compliance, as well as any guidance material for the application of the Basic Regulation and its implementing rules.

text: ED Decision 2006/13/R 20/12/2006

text: (5) The Agency, pursuant to Article 43 of the Basic Regulation and Articles

text: and

text: 4 6 of the rulemaking procedure , has widely consulted interested parties on the matters which are the subject of this Decision and has provided thereafter a written response to the comments received .

text: HAS DECIDED:

text: Article 1

text: Decision N° 2003/01/R is hereby amended as follows.

text: 1. GM No. 1 to 21A.303(c) is replaced by the following:

text: “GM No. 1 to AMC 21A.303(c) Standard Parts

text: In this context a part is considered as a “standard part”: 1. Where it is designated as such by the design approval holder responsible for the product, part or appliance, in which the part is intended to be used. In order to be considered a “standard part”, all design, manufacturing, inspection data and marking requirements necessary to demonstrate conformity of that part should be in the public domain and published or established as part of officially recognised Standards, or

text: 2. For sailplanes and powered sailplanes, where it is a non-required instrument and/or equipment certified under the provision of CS 22.1301(b), if that instrument or equipment, when installed, functioning, functioning improperly or not functioning at all, does not in itself, or by its effect upon the sailplane and its operation, constitute a safety hazard. “Required” in the term “non-required” as used above means required by the applicable airworthiness code (CS 22.1303, 22.1305 and 22.1307) or required by the relevant operating regulations and the applicable Rules of the Air or as required by Air Traffic Management (e.g. a transponder in certain controlled airspace). Examples of equipment which can be considered standard parts are electrical variometers, bank/slip indicators ball type, total energy probes, capacity bottles (for variometers), final glide calculators, navigation computers, data logger / barograph /turnpoint camera, bug-wipers and anti-collision systems. Equipment which must be approved in accordance to the airworthiness code shall comply with the applicable ETSO or equivalent and is not considered a standard part (e.g. oxygen equipment).”

text: ED Decision 2006/13/R 20/12/2006 2. GM No. 2 to 21A.303(c) is replaced by the following:

text: “GM No. 2 to 21A.303(c) Officially recognised Standards

text: In this context “officially recognised Standards” means: 1. Those standards established or published by an official body whether having legal personality or not, which are widely recognised by the air transport sector as constituting good practice; or 2. The standard used by the manufacturer of the equipment as mentioned in paragraph 2 of AMC 21A.303(c).”

text: Article 2

text: This Decision shall enter into force on 27 December 2006.

text: Done at Cologne, 20 December 2006

text: P. GOUDOU

type: vagledning

utgivare: easa


text: OF THE EXECUTIVE DIRECTOR OF THE EUROPEAN AVIATION SAFETY AGENCY

text: OJ L 240, 7.9.2002, p. 1. Regulation as last amended by

text: Regulation (EC) No 334/2007

text: (OJ L 88, 29.3.2007, p. 39). 2 OJ L 243, 27.9.2003, p. 6. Regulation as last amended by

text: Regulation (EC) No 335/2007

text: (OJ L 88, 29.3.2007, p. 40).

text: The Convention on International Civil Aviation on 7 December 1944

identifier: AMC & GM to Part 21 — Issue 1, Amendment 2

amnesord: Part 21 - Airworthiness and Environmental Certification

beslut: ED Decision 2007/008/R

publisher: Europeiska unionens byrå för luftfartssäkerhet

sprak: en

serie: amc-gm

text: ED Decision 2007/008/R 02/04/2007

type: rubrik

text: European Aviation Safety Agency

text: DECISION NO 2007/008/R of 02 April 2007 amending the Annex to Decision No 2003/01/RM of the Executive Director of the Agency of 17 October 2003 on acceptable means of compliance and guidance material for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (« AMC and GM to Part 21 ») THE EXECUTIVE DIRECTOR OF THE EUROPEAN AVIATION SAFETY AGENCY Having regard to

text: Regulation (EC) No 1592/2002

text: of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (hereinafter referred to as the “Basic Regulation”), in particular

text: Article 13

text: thereof, Having regard to the

text: Commission Regulation (EC) No 1702/2003 of 24 September 2003

text: laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations , Whereas: (1) The Agency shall issue certification specifications, including airworthiness codes and acceptable means of compliance, as well as guidance material for the application of the Basic Regulation and its implementing rules. (2) The Commission has amended

text: with

text: Commission Regulation (EC) No 335/2007 of 28 March 2007

text: to amend EASA Form 45 (Noise Certificate). ED Decision 2007/008/R 02/04/2007 (3) During the consultation of the above mentioned amendment to

text: Commission Regulation (EC) 1702/2003

text: comments were made requesting clarification and update of the Guidance Material on EASA Form 45. (4) The Agency has accepted those comments when pursuant to Article 43 of the Basic Regulation it provided a written response to the comments received. HAS DECIDED AS FOLLOWS:

text: Article 1

text: The Annex “Acceptable means of compliance and guidance material to be used in the airworthiness certification of products, parts and appliances and the approval of organisations involved in their design or manufacture” to Decision ED/2003/01/RM of the Executive Director of the Agency of 17 October 2003 is hereby amended as follows:

text: GM 21B.425(a) is hereby amended as follows: Subpart I - Noise certificates

text: GM 21B.425(a) Noise Certificates

type: stycke

text: 1 Completion of the noise certificate by a Member State

text: 1.1 Form (see Appendix to Part 21)

text: It is intended that the Form of the EASA noise certificate should be consistent with the ICAO, CAEP agreed format. It follows that the EASA Form of noise certificate suggested in the Appendix to Part 21 may be changed subject to ICAO, CAEP recommendations. Completion instructions are accordingly subject to change as appropriate.

text: 1.2 Completion instructions

text: Block 4: Engine designation should contain type and model including any de-rate that may be appropriate.

text: Block 5: Propeller information should be entered if applicable in which case it shall contain type and model designation.

text: Block 6: State maximum take-off mass and unit, (e.g. 1700,500 kg) at which compliance with the applicable noise certification standards has been demonstrated.

text: Block 8: State maximum landing mass and unit at which compliance with the applicable noise certification standards has been demonstrated, if applicable.

text: Block 7: Should contain height above the runway at which thrust/power is reduced, following full thrust/power take-off, and unit e.g. 950 ft, or “N/A”.

text: Block 9: Should contain details of noise relevant equipment or modifications that may be necessary to identify the acoustical configuration of the aircraft, such as

text: ED Decision 2007/008/R 02/04/2007

text: silencers, STCs incorporated for the purposes of compliance, tailrotor, acoustic liner, etc. (as appropriate). Block 10: Should contain the Chapter of ICAO Annex 16, Volume I and section specifying maxim,um noise levels (e.g. Chapter 10, Section 10.4b) Blocks 11, 12, 13 & 14 Should state noise level and unit, e.g. 98.5 EPNdB, or “N/A”.

text: 1.1 Completion instructions

text: Block 1. State of Registry The name of the State issuing the noise certificate. This item should match the corresponding information on the Certificate of Registration and Certificate of Airworthiness. Block 2. Noise certificate The title of the EASA Form 45 is “Noise Certificate” Block 3. Document No A unique number, issued by the State of Registry that identifies this particular document in their administration. Such a number will facilitate any enquiries with respect to the document. Block 4. Registration marks The nationality or common mark and registration marks as issued by the State of Registry in accordance with Annex 7 to the Chicago Convention . This item should match the corresponding information on the Certificate of Registration and Certificate of Airworthiness. Block 5. Manufacturer and manufacturer’s designation of aircraft The type and model of the subject aircraft. This item should match the corresponding information on the Certificate of Registration and Certificate of Airworthiness. Block 6. Aircraft serial No The aircraft serial number as given by the manufacturer of the aircraft. This item should match the corresponding information on the Certificate of Registration and Certificate of Airworthiness. Block 7. Engine The designation of the installed engine(s) for identification and verification of the aircraft configuration. It should contain the type and model of the subject engine(s). The designation should be in accordance with the Type Certificate or Supplemental Type Certificate for the subject engine(s). Block 8. Propeller The designation of the installed propeller(s) for identification and verification of the aircraft configuration. It should contain the type and model of the subject propeller(s). The designation should be in accordance with the Type Certificate or

text: ED Decision 2007/008/R 02/04/2007

text: Supplemental Type Certificate for the subject propeller(s). This item is included only in noise certification documentation for propeller driven aeroplanes.

text: Block 9. Maximum take-off mass (kg)

text: The maximum take-off mass associated with the certificated noise levels of the aircraft in kilograms. The unit (kg) should be specified explicitly in order to avoid misunderstanding. If the primary unit of mass for the State of Manufacture of the aircraft is different from kilograms, the conversion factor used should be in accordance with Annex 5 to the Chicago Convention.

text: Block 10. Maximum landing mass (kg)

text: The maximum landing mass associated with the certificated noise levels of the aircraft in kilograms. The unit (kg) should be specified explicitly in order to avoid misunderstanding. If the primary unit of mass for the State of manufacture of the aircraft is different form kilograms, the conversion factor used should be in accordance with Annex 5 to the Chicago Convention. This item will only be included in the noise certification documentation for noise certificates issued under Chapter 2, 3, 4,5 and 12.

text: Block 11. Noise certification standard

text: The Chapter to which the subject aircraft is Noise Certificated. For chapters 2, 8, 10 and 11, the section specifying the noise limits should also be included.

text: Block 12. Additional modifications incorporated for the purpose of compliance with the applicable noise certification standards

text: This item should contain as a minimum all additional modifications to the basic aircraft as defined by Blocks 5, 7 and 8 that are essential in order to meet the requirements of this Annex to which the aircraft is certificated as given under Block 11. Other modifications that are not essential to meet the stated chapter but are needed to attain the certificated noise levels as given may also be included at the discretion of the certificating authority. The additional modifications should be given using unambiguous references, such as Supplemental Type Certificate (STC) numbers, unique part numbers or type/model designators given by the manufacturer of the modification.

text: Block 13. Lateral/full-power noise level

text: The lateral/full-power noise level as defined in the relevant Chapter. It should specify the unit (e.g. EPNdB (unit of the effective perceived noise level)) of the noise level and the noise level should be stated to the nearest tenth of a decibel (dB). This item is included only in noise certification documentation for aircraft certificated to Chapters 2, 3, 4, 5 and 12.

text: Block 14. Approach noise level

text: The approach noise level as defined in the relevant chapter. It should specify the unit (e.g. EPNdB) of the noise level and the noise level should be stated to the nearest tenth of a dB. This item is included only in noise certification documentation for aircraft certificated to Chapters 2, 3, 4, 5, 8 and 12.

text: Block 15. Flyover noise level

text: The flyover noise level as defined in the relevant chapter. It should specify the unit (e.g. EPNdB) of the noise level and the noise level should be stated to the nearest tenth of a dB. This item is included only in noise certification documentation for aircraft certificated to Chapters 2, 3, 4, 5 and 12.

text: ED Decision 2007/008/R 02/04/2007

text: Block 16. Overflight noise level The overflight noise level as defined in the relevant chapter. It should specify the unit (e.g. EPNdB or dB(A) (unit of the A-weighted noise level)) of the noise level and the noise level should be stated to the nearest tenth of a dB. This item is included only in noise certification documentation for aircraft certificated to Chapters 6, 8 and 11. Block 17. The take-off noise level The take-off noise level as defined in the relevant chapter. It should specify the unit (e.g. EPNdB or dB(A)) of the noise level and the noise level should be stated to the nearest tenth of a dB. This item is included only in noise certification documentation for aircraft certificated to Chapters 8 and 10. Block 18. Statement of compliance, including reference to Annex 16 to the Chicago Convention, Volume I The statement is provided in EASA Form 45. Block 19. Date of issue The date on which the document was issued. Block 20. Signature The signature of the officer issuing the noise certificate. Other items may be added such as seal, stamp etc. Additional information: Logo and name of the issuing authority In order to facilitate recognition the logo or symbol and the name of the issuing authority may be added in the box “For use by the State of registry”. Language States issuing their noise certification documentation in a language other than English should provide an English translation.

text: Article 2

text: This Decision shall enter into force on 03 April 2007. It shall be published in the Official Publication of the Agency. Done in Cologne, 02 April 2007 P. GOUDOU by delegation C. PROBST


text: OJ L 240, 7.9.2002, p. 1. Regulation as last amended by

text: Regulation (EC) No 334/2007

text: (OJ L 88, 29.3.2007, p. 39). OJ L 243, 27.9.2003, p. 6. Regulation as last amended by

text: Regulation (EC) No 375/2007

text: (OJ L 94, 4.4.2007, p. 3).

text: OJ L 94, 4.4.2007, p. 3 Decision of the Management Board concerning the procedure to be applied by the Agency for the issuing of opinions, certification specifications and guidance material (“rulemaking procedure”), EASA MB/7/03, 27.6.2003. See: NPA No 09-2006 (http://www.easa.europa.eu/doc/Rulemaking/NPA/NPA-09-2006.pdf) See: CRD No 09-2006 (http://www.easa.europa.eu/doc/Rulemaking/CRD-09-2006 (for publication).pdf)

text: Need for a permit to fly

text: NO Flight Are there flight conditions conditions available approval and approved? 2 YES Issue of permit to fly 3

text: Changes 4

text: Application to Related to YES EASA, with data safety of the and approval design? form [21A.709(a)(1)] NO

text: Case covered NO by privilege?

text: YES Application to Competent Request to Authority [21A.709(a)(2), DOA with AMC 21A.709(b)] appropriate privilege

text: Approval Approval Approval Approval process process process process 21A.710(a)(2)] 21A.710(a)(2) 21A.710(a)(1)(ii) 21A.710(a)(1)(i)

text: Application to Has the applicant the NO Competent Authority privilege to issue the [21A.707/21A.711] permit to fly?

text: Issue of permit to fly Issue of permit to fly [21A.711] [21A.711]

text: permit to fly

text: Case covered NO by privilege?

text: Need to re-issue YES the permit to fly 3 itself? [21A.713]

identifier: AMC & GM to Part 21 — Issue 1, Amendment 3

beslut: ED Decision 2007/006/R

title: AMC & GM to Part 21 — Issue 1, Amendment 3

text: ED Decision 2007/006/R 04/04/2007

text: European Aviation Safety Agency

text: DECISION No 2007/06/R

text: OF THE EXECUTIVE DIRECTOR OF THE EUROPEAN AVIATION SAFETY AGENCY

text: of 4 April 2007

text: amending Decision No 2003/1/RM of 17 October 2003 on acceptable means of compliance and guidance material for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (“AMC and GM to Part 21”)

text: THE EXECUTIVE DIRECTOR OF THE EUROPEAN AVIATION SAFETY AGENCY,

text: Having regard to

text: Regulation (EC) No 1592/2002

text: of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (hereinafter referred to as the Basic Regulation), and in particular Articles

text: and

text: thereof.

text: Having regard to the

text: Commission Regulation (EC) No 1702/2003 of 24 September 2003

text: laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations .

text: Whereas:

text: (1) Basic Regulation in

text: article 5

text: paragraph 3(a) provides for the issuance of a permit to fly by derogation of the rules for issuance of certificates of airworthiness. The permit to fly is generally issued when a certificate of airworthiness is temporarily invalid (e.g. as the result of a damage) or when a certificate of airworthiness cannot be issued (e.g. when the aircraft does not comply with the essential requirements for airworthiness or when compliance has not yet been shown), but the aircraft is nevertheless capable of performing a safe flight. During the drafting of

text: Commission Regulation (EC) No 1702/2003

text: it was recognised that common requirements were necessary to address the issuance of permit to fly. However due to a lack of time no detailed and comprehensive set of requirements and Acceptable Means of Compliance (AMC) and Guidance Material (GM) was developed. Therefore a transition period until 28 March 2007 was established during which the National Aviation Authorities (NAAs) are still responsible for all aspects related to permit to fly, giving the Agency time to prepare an opinion for amending Regulation 1702/2003. Many

text: ED Decision 2007/006/R 04/04/2007

text: comments on the draft Part 21A.185 (“Issue of Permits to Fly”) that were made during the consultation on the initial issue of

text: Commission Regulation (EC) No 1702/2003

text: were deferred and were intended to be addressed in this rulemaking activity.

text: Commission Regulation (EC) No 375/2007

text: amending

text: Commission Regulation (EC) 1702/2003

text: has been adopted by the Commission and addresses all these issues .

text: (2) It is necessary to support the above amendment to

text: Commission Regulation (EC) 1702/2003

text: by amended and new AMCs and GM. The Decision No 2003/1/RM of 17 October 2003 on acceptable means of compliance and guidance material for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (“AMC and GM to Part 21”) shall therefore be amended.

text: (3) The Agency, pursuant to Articles 13 and 14 of the Basic Regulation, shall issue certification specifications, including airworthiness codes and acceptable means of compliance, as well as any guidance material for the application of the Basic Regulation and its implementing rules.

text: (4) The Agency, pursuant to Article 43 of the Basic Regulation and Articles

text: and

text: 5 6 of the rulemaking procedure , has widely consulted interested parties on the matters which are the subject of this Decision and has provided thereafter a written response to the comments received .

text: HAS DECIDED:

text: Article 1

text: Decision No 2003/1/RM is hereby amended as follows.

text: The text of the amendment is arranged to show deleted text, new text or new paragraphs as shown below: Text to be deleted is shown with a line through it. New text to be inserted is highlighted with grey shading. …. Indicates that remaining text is unchanged in front of or following the reflected amendment.

text: ED Decision 2007/006/R 04/04/2007

text: 1. AMC 21A.145(d)(1) paragraph 8 is amended as follows: …..

text: AMC 21A.145(d)(1)

text: Approval Requirements – Certifying staff

text: …….. 8 For release of products, parts or appliances, the responsibilities to issue statements of conformity/release certificates (EASA Form 1) or permit to fly including approval of flight conditions are allocated to the certifying staff identified in 21A.145 (d)(2). ……..

text: 2. GM 21A.151 is amended as follows:

text: GM 21A.151 Terms of approval – Scope and categories

text: Terms of approval document(s) will be issued by the Competent Authority under 21A.135 to identify the scope of work, the products, and/or categories for which the holder is entitled to exercise the privileges defined in 21A.163. The codes shown against each scope of work item are intended for use by the Competent Authority for purposes such as managing, administering and filing details of approvals. It may also assist in the production and publication of a list of approval holders. The scope of work, the Products, Parts, or Appliances for which the POA holder is entitled to exercise the privileges defined in 21A.163 will be described by the Competent Authority as follows: For Products: 1 General area, similar to the titles of the corresponding certification codes. 2 Type of Product, in accordance with the type-certificate. For Parts and Appliances: 1 General area, showing the expertise, e.g., mechanical, metallic structure. 2 Generic type, e.g., wing, landing gear, tyres. SCOPE OF WORK PRODUCTS/CATEGORIES A1 Large Aeroplanes State types A2 Small Aeroplanes “ A3 Large Helicopters “ A4 Small Helicopters “ A5 Gyroplanes “ A6 Sailplanes “ A7 Motor Gliders “ A8 Manned Balloons “ A9 Airships “ A10 Microlight Aircraft “ A11 Very Light Aeroplanes “ A12 Other “

text: ED Decision 2007/006/R 04/04/2007

text: B1 Turbine Engines “ B2 Piston Engines “ B3 APU’s “ B4 Propellers “ C1 Appliances: State appliance generic types (e.g., Tyres, Altimeter, etc.) Examples include: Avionic, Com/Nav/Pulse Computer System, Aircraft/Engine/Avionic Instruments, Mechanical/Electrical/ Gyroscopic/Electronic Mechanical/Hydraulic/Pneumatic

text: C2 Parts: State part generic types (e.g., Wing, Landing Gear, etc.) Examples include: Structural, Metallic/non-metallic Mechanical/Hydraulic/Pneumatic Electrical Electronic C3 Materials D1 Maintenance State aircraft types

text: D2 Issue of permit to fly State aircraft types

text: 3. Insert the following new AMCs and GM:

text: AMC 21A.163(e) Procedure for the issue of a permit to fly including approval of the flight conditions

text: 1 INTENT

text: This acceptable means of compliance provides means to develop a procedure for the issue of a permit to fly including approval of the flight conditions. Each POA applicant or holder must develop its own internal procedure following this AMC, in order to obtain the privilege of 21A.163(e) to issue permits to fly for an aircraft under procedures agreed with its competent authority for production, when the production organisation itself is controlling under its POA the configuration of the aircraft and is attesting conformity with the design conditions approved for the flight.

text: 2 PROCEDURE FOR THE ISSUE OF A PERMIT TO FLY

text: 2.1 Content

text: The procedure must address the following points: - as relevant, in accordance with 21A.710(b), the approval of flight conditions; - conformity with approved conditions; - issue of the permit to fly under the POA privilege;

text: ED Decision 2007/006/R 04/04/2007

text: - authorised signatories; - interface with the local authority for the flight.

text: 2.2 Approval of the flight conditions (when relevant)

text: The procedure must include the process to establish and justify the flight conditions, in accordance with 21A.708 and how compliance with 21A.710(c) is established, and include the EASA Form 18B as defined in AMC 21A.709(b) for the approval under the POA privilege.

text: 2.3 Conformity with approved conditions

text: The procedure must indicate how conformity with approved conditions is made, documented and attested by an authorised person.

text: 2.4 Issue of the permit to fly under the POA privilege

text: The procedure must describe the process to prepare the EASA Form 20b and how compliance with 21A.711(c) and (d) is established before signature of the permit to fly.

text: 2.5 Authorised signatories

text: The person(s) authorised to sign the permit to fly under the privilege of 21A.163(e) must be identified (name, signature and scope of authority) in the procedure, or in an appropriate document linked to the Production Organisation Exposition.

text: 2.6 Interface with the local authority for the flight

text: The procedure must include provisions describing the communication with the local authority for compliance with the local requirements which are outside the scope of the conditions of 21A.708(b) (see 21A.711(d)).

text: AMC 21A.263(b)(1)

text: Compliance documents with conditions related to engine or propeller without a type-certificate or with unapproved changes and fitted on aircraft for which a permit to fly is requested

text: The establishment of flight conditions may include conditions related to engines/propellers without a type-certificate or with unapproved changes and fitted on the aircraft for which a permit to fly is requested. These conditions (i.e. installation, operating, maintenance conditions or limitations) are defined by the organisation responsible for the design of the engine/propeller and provided to the organisation responsible for the design of the aircraft. When the organisation responsible for the design of the engine/propeller has a DOA, the establishment and substantiation of these conditions must be done under the relevant DOA procedures. For that purpose, the associated documentation must be processed like any other compliance document. It must be provided to the organisation responsible for the design of the aircraft that will use it for the establishment of the aircraft flight conditions.

text: AMC 21A.263(c)(6) Procedure for the approval of the conditions for issue of a permit to fly

text: 1 INTENT

text: ED Decision 2007/006/R 04/04/2007 This AMC provides means to develop a procedure to determine that an aircraft can fly, under the appropriate restrictions compensating for non compliance with the certification specifications applicable to the aircraft category. Each DOA applicant or holder must develop its own internal procedure following this AMC, in order to obtain the privilege to make this determination and approve associated conditions without Agency involvement, under 21A.263(c)(6). When the privilege does not apply, the DOA holder will prepare all necessary data required for the determination in accordance with the same procedure required for the privilege, and will apply for Agency approval.

text: 2 PROCEDURE FOR THE APPROVAL OF THE CONDITIONS FOR ISSUE OF A PERMIT TO FLY

text: 2.1 Content

text: The procedure must address the following points: - decision to use the privilege; - management of the aircraft configuration; - determination of the conditions that must be complied with to perform safely a flight; - documentation of flight conditions substantiations; - approval under the DOA privilege, when applicable; - authorised signatories.

text: 2.2 Decision to use the privilege of 21A.263(c)(6)

text: The procedure must include a decision to determine: - flights for which the privilege of 21A.263(c)(6) will be exercised; and - flights for which the approval of flight conditions by the Agency will be required according to the criteria of 21A.263(c)(6).

text: 2.3 Management of the aircraft configuration

text: The procedure must indicate: - how the aircraft, for which an application for permit to fly is made, is identified; - how changes to the aircraft will be managed.

text: 2.4 Determination of the conditions that must be complied with to perform safely a flight

text: The procedure must describe the process used by the DOA holder to justify that an aircraft can perform the intended flight(s) safely. This process should include: - identification of deviations from applicable certification specifications or non compliance with Part 21 conditions for the issue of a certificate of airworthiness; - analysis, calculations, tests or other means used to determine under which conditions or restrictions the aircraft can perform safely a flight; - the establishment of specific maintenance instructions and conditions to perform these instructions;

text: ED Decision 2007/006/R 04/04/2007

text: - independent technical verification of the analysis, calculations, tests or other means used to determine under which conditions or restrictions the aircraft can perform the intended flight(s) safely; - statement by the office of airworthiness (or equivalent), that the determination has been made in accordance with the procedure and that the aircraft has no features and characteristics making it unsafe for the intended operation under the identified

text: conditions and restrictions;

text: - approval by an authorised signatory.

text: 2.5 Documentation of flight conditions substantiations

text: 1. The analysis, calculations, tests, or other means used to determine under which conditions or restrictions the aircraft can perform safely a flight, must be compiled in compliance documents. These documents must be signed by the author and by the person performing the independent technical verification. 2. Each compliance document must have a number and issue date. The various issues of a document must be controlled. 3. The data submitted and approved by the type-certificate holder can be used as substantiations. In that case, the independent technical verification referred to in 2.4 is not required.

text: 2.6 Approval under the DOA privilege

text: 2.6.1 Initial approval

text: The procedure must include the following EASA Form 18A to support the approval under the DOA privilege:

text: ED Decision 2007/006/R 04/04/2007

text: FLIGHT CONDITIONS FOR A PERMIT TO FLY – APPROVAL FORM 1. Applicant 2. Approval form nr. approval nr. Issue:

text: [Name and organisation approval [number and issue, for traceability

text: number of organisation providing purpose] the flight conditions and associated

text: substantiations] 3. Aircraft manufacturer/type 4. Serial number(s)

text: 5. Aircraft configuration

text: The above aircraft for which a permit to fly is requested is defined in [add reference to the document(s) identifying the detailed configuration of the

text: aircraft]

text: [For change(s) affecting the initial approval form: description of

text: change(s). This form must be re-issued]

text: 6. Substantiations

text: [References to the document(s) justifying that the aircraft (as described in 5.) can perform the intended flight(s) safely under the defined conditions

text: or restrictions.]

text: [For change(s) affecting the initial approval form: reference(s) to

text: additional substantiation(s). This form must be re-issued]

text: 7. Conditions/Restrictions

text: The above aircraft must be used with the following conditions or restrictions: [Details of these conditions/restrictions, or reference to relevant document, including specific maintenance instructions and conditions to

text: perform these instructions)

text: 8. Statement

text: The determination of the flight conditions has been made in accordance with the relevant DOA procedure agreed by the Agency. The aircraft has no features and characteristics making it unsafe for the intended operation under the identified conditions and restrictions.

text: [strikethrough what is not applicable] 9a. Approved under the authority of DOA EASA.21J.xyz [when

text: privilege of 21A.263(c)(6) applies]

text: 9b. Submitted under the authority of DOA EASA.21J. xyz [when

text: privilege of 21A.263(c)(6) does not apply]

text: 10. Date of issue 11. Name and signature

text: [Authorised signatory]

text: 12. EASA approval and date

text: [when privilege of 21A.263(c)(6) does not apply]

text: EASA Form 18A

text: When the privilege of 21A.263(c)(6) is not applicable, the signed form should be presented by the office of airworthiness (or equivalent) to the Agency.

text: 2.6.2 Approval of changes

text: ED Decision 2007/006/R 04/04/2007 Except for changes that do not affect the conditions approved for the issue of the permit to fly, the procedure must specify how changes will be approved by the DOA Holder. The form of paragraph 2.6.1 must be updated.

text: 2.7 Authorised signatories

text: The person(s) authorised to sign the approval form must be identified (name, signature and scope of authority) in the procedure, or in an appropriate document linked to the DOA handbook.

text: AMC 21A.263(c)(7) Procedure for the issue of a permit to fly

text: 1 INTENT

text: This acceptable means of compliance provides means to develop a procedure for the issue of a permit to fly. Each DOA applicant or holder must develop its own internal procedure following this AMC, in order to obtain the privilege of 21A.263(c)(7) to issue permits to fly for aircraft it has designed or modified, when the design organisation itself is controlling under its DOA the configuration of the aircraft and is attesting conformity with the design conditions approved for the flight.

text: 2.1 Content

text: The procedure must address the following points: - conformity with approved conditions; - issue of the permit to fly under the DOA privilege; - authorised signatories; - interface with the local authority for the flight.

text: 2.2 Conformity with approved conditions

text: 2.3 Issue of the permit to fly under the DOA privilege

text: The procedure must describe the process to prepare the EASA Form 20b and how compliance with 21A.711(b) and (d) is established before signature of the permit to fly.

text: 2.4 Authorised signatories

text: The person(s) authorised to sign the permit to fly under the privilege of 21A.263(c)(7) must be identified (name, signature and scope of authority) in the procedure, or in an appropriate document linked to the DOA handbook.

text: 2.5 Interface with the local authority for the flight

text: ED Decision 2007/006/R 04/04/2007

text: GM to Subpart P

text: The process allowing a flight under a permit to fly can be described as follows:

text: 1. Flow-chart 1: overview

text: 2. Flow-chart 2: approval of flight conditions

text: 3. Flow-chart 3: issue of permit to fly

text: 4. Flow-chart 4: changes after first issue of permit to fly

text: Flow-chart 1: overview

text: ED Decision 2007/006/R 04/04/2007

text: Flow-chart 2: approval of flight conditions

text: ED Decision 2007/006/R 04/04/2007

text: Flow-chart 3: issue of permit to fly

text: ED Decision 2007/006/R 04/04/2007

text: Flow-chart 4: changes after first issue of permit to fly

text: GM 21A.701(a) Permit to fly when certificate of airworthiness or restricted certificate of airworthiness is not appropriate

text: A certificate of airworthiness or restricted category certificate of airworthiness may not be appropriate for an individual aircraft or aircraft type when it is not practicable to comply with the normal continued airworthiness requirements and the aircraft is to a design standard that is demonstrated to be capable of safe flight under defined

text: ED Decision 2007/006/R 04/04/2007 conditions. Paragraph 21A.701 identifies cases where the issuance of a (Restricted) Certificate of Airworthiness may not be possible or appropriate and this paragraph provides further information and typical examples for clarification where appropriate: - Note: This list of examples is not exhaustive (1) Development: - testing of new aircraft or modifications - testing of new concepts of airframe, engine propeller and equipment; - testing of new operating techniques; (2) Showing compliance with regulations or certification specifications: - certification flight testing for type certification, supplemental type certificates, changes to type certificates or European Technical Standard Order authorisation; (3) Design organisations or production organisations crew training: - Flights for training of crew that will perform design or production flight testing before the design approval and Certificate of Airworthiness (C of A) can be issued. (4) Production flight testing of new production aircraft: - For establishing conformity with the approved design, typically this would be the same program for a number of similar aircraft; (5) Flying aircraft under production between production facilities: - green aircraft ferry for follow on final production. (6) Flying the aircraft for customer acceptance: - Before the aircraft is sold and/or registered. (7) Delivering or exporting the aircraft: - Before the aircraft is registered in the State where the C of A will be issued. (8) Flying the aircraft for Authority acceptance: - In the case of inspection flight test by the authority before the C of A is issued. (9) Market survey, including customer’s crew training: - Flights for the purpose of conducting market survey, sales demonstrations and customer crew training with non type certificated aircraft or aircraft for which conformity has not yet been established or for non-registered a/c and before the Certificate of Airworthiness is issued (10) Exhibition and air show: - Flying the aircraft to an exhibition or show and participating to the exhibition or show before the design approval is issued or before conformity with the approved design has been shown. (11) Flying the aircraft to a location where maintenance or airworthiness review are to be performed, or to a place of storage: - Ferry flights in cases where maintenance is not performed in accordance with approved programmes, where an AD has not been complied with where certain

text: ED Decision 2007/006/R 04/04/2007

text: equipment outside the Minimum Equipment List (MEL) is unserviceable or when the aircraft has sustained damage beyond the applicable limits. (12) Flying an aircraft at a weight in excess of its maximum certificated takeoff weight for flight beyond the normal range over water, or over land areas where adequate landing facilities or appropriate fuel is not available: - Oversees ferry flights with additional fuel capacity. (13) Record breaking, air racing or similar competition: - Training flight and positioning flight for this purpose are included (14) Flying aircraft meeting the applicable airworthiness requirements before conformity to the environmental requirements has been found: - Flying an aircraft which has been shown to comply with all applicable airworthiness requirements but not with environmental requirements. (15) For non-commercial flying activity on individual non-complex aircraft or types for which a certificate of airworthiness or restricted certificate of airworthiness is not appropriate. - For aircraft which cannot practically meet all applicable airworthiness requirements, such as certain aircraft without TC-holder (“generically termed orphan aircraft”) or aircraft which have been under national systems of Permit to Fly and have not been shown to meet all applicable requirements. The option of a permit to fly for such an aircraft should only be used if a certificate of airworthiness or restricted certificate of airworthiness cannot be issued due to conditions which our outside the direct control of the aircraft owner, such as the absence of properly certified spare parts. Note: The above listing is of cases when a permit to fly MAY be issued; it does not mean that in the described cases a permit to fly MUST be issued. If other legal means are available to allow the intended flight(s) they can also be used.

text: GM 21A.701 Scope

text: An aircraft registered outside the Member States and used for flight testing by an organisation which has its principle place of business in a Member State, remains under the authority of its state of registry. The Agency or an appropriately approved design organisation can provide, on request, technical assistance to the state of registry for the issue of a permit to fly, or equivalent authorisation, under the state of

text: registry applicable regulations.

text: GM 21A.703 Applicant for a permit to fly

text: 1. The applicant for a permit to fly may be a person other than the registered owner of the aircraft. As the holder of this permit will be responsible for ensuring that all the conditions and limitations associated with the permit to fly are continuously satisfied, the applicant for the permit should be a person or organisation suitable for assuming these responsibilities. In particular, the organisations designing, modifying or maintaining the aircraft should normally be the holder of the associated permits to fly.

text: ED Decision 2007/006/R 04/04/2007

text: 2. An appropriately approved design organisation can apply for the approval of the flight conditions when using its privilege in accordance with 21A.263(b)(1).

text: GM 21A.705 Competent Authority

text: An aircraft registered in a Member State is under the responsibility of this Member State for continuing airworthiness aspects. Consequently, any permit to fly under Part 21 should be issued by that Member State including cases where the aircraft will fly in another State. The permit to fly contains all the conditions and restrictions to ensure safe flight but other airspace and operational rules remain the competence of the authority of the State where the flight will take place. The applicant should therefore also ensure compliance with the relevant regulations of that State.

text: GM 21A.707(b) Application

text: EASA Form 21 (see AMC 21B.520(b)) should be obtained from the Competent Authority.

text: GM 21A.708(b)(6) Continuing airworthiness

text: In most cases a simple reference to existing maintenance requirements will suffice for aircraft that have a temporarily invalid C of A. For other aircraft it will have to be proposed by the applicant as part of the flight conditions. For approved organisations they can be included in their procedures.

text: GM No. 1 to 21A.708(c) Safe flight

text: Safe flight normally means continued safe flight and landing but in some limited cases (e.g. higher risk flight testing) it can mean that the aircraft is able to fly in a manner that will primarily ensure the safety of overflown third parties, the flight crew and, if applicable other occupants. This definition of “safe flight” should not be interpreted as allowing a test pilot, equipped with a parachute and operating over a sparsely populated area, to set out on a test flight in the full knowledge that there is a high probability of losing the aircraft. The applicant should take reasonable care to minimise safety risks and to be satisfied that there is a reasonable probability that the aircraft will carry out the flight without damage or injury to the aircraft and its occupants or to other property or persons whether in the air or on the ground.

text: GM No. 2 to 21A.708(c) Substantiations

text: The substantiations should include analysis, calculations, tests or other means used to determine under which conditions or restrictions the aircraft can perform safely a flight.

text: ED Decision 2007/006/R 04/04/2007

text: GM No. 3 to 21A.708(c) Operation of Overweight Aircraft

text: This GM provides information and guidance with respect to permit to fly for operating an aircraft in excess of its maximum certificated takeoff weight, for flight beyond the normal range over water, or over land areas where adequate landing facilities or appropriate fuel is not available. 1. GENERAL. The excess weight that may be authorized for overweight operations should be limited to additional fuel, fuel carrying facilities, and navigational equipment necessary for the flight. It is recommended that the applicant discuss the proposed flight with the TC holder of the aircraft to determine the availability of technical data on the installation of additional fuel carrying facilities and/or navigational equipment. 2. CRITERIA USED TO DETERMINE THE SAFETY OF ADDITIONAL FACILITIES. In evaluating the installation of additional facilities, the Agency or the design organisation must find that the changed aircraft is safe for operation. To assist in arriving at such a determination, the following questions are normally considered: a. Does the technical data include installation drawings, structural substantiating reports, weight, balance, new centre of gravity limits computations, and aircraft performance limitations in sufficient detail to allow a conformity inspection of the aircraft to be made? b. In what ways does the aircraft not comply with the applicable airworthiness requirements? c. Are the fuel tanks vented to the outside? Are all areas in which tanks are located ventilated to reduce fire, explosion, and toxicity hazards? d. Are the tanks even when empty strong enough to withstand the differential pressure at maximum operating altitude for a pressurized aircraft? e. Have means been provided for determining the fuel quantity in each tank prior to flight? f. Are shutoff valves, accessible to the pilot, provided for each additional tank to disconnect these tanks from the main fuel system? g. Are the additional fuel tank filler connections designed to prevent spillage within the aircraft during servicing? h. Is the engine oil supply and cooling adequate for the extended weight and range? 3. LIMITATIONS. The following types of limitations may be necessary for safe operation of the aircraft: a. Revised operational airspeeds for use in the overweight condition. b. Increased pilot skill requirements. c. A prescribed sequence for using fuel from various tanks as necessary to keep the aircraft within its centre of gravity range.

text: ED Decision 2007/006/R 04/04/2007

text: d. Notification to the control tower of the overweight takeoff condition to permit use of a runway to minimize flight over congested areas. e. Avoidance of severe turbulence. If encountered, the aircraft should be inspected for damage as soon as possible.

text: EXAMPLE of operating limitations which may be prescribed as part of the permit to fly: Aircraft type: xxxxxx Model: yyyy Limitations: 1. Maximum weight must not exceed 8,150 pounds. 2. Maximum quantity of fuel carried in auxiliary tanks must not exceed 106 gallons in fwd tank, 164 gallons in centre tank, and 45 gallons in aft tank. 3. Centre of gravity limits must not exceed (fwd) +116.8 and (aft) +124.6. 4. Aerobatics are prohibited.

text: 5. Use of autopilot while in overweight condition is prohibited.

text: 6. Weather conditions with moderate to severe turbulence should be avoided.

text: 7. When an overweight landing is made or the aircraft has been flown through moderate or severe turbulence while in an overweight condition, the aircraft must be inspected for damage after landing. The inspections performed and the findings must be entered in the aircraft log. The pilot must determine, before the next takeoff, that the aircraft is airworthy.

text: 8. When operated in the overweight condition, the cruising speed (Vc) shall not exceed 185 m.p.h. and the maximum speed (Vne) shall not exceed 205 m.p.h.

text: 9. Operation in the overweight condition must be conducted to avoid areas having heavy air traffic, to avoid cities, towns, villages, and congested areas, or any other areas where such flights might create hazardous exposure to person or property on the ground.

text: GM 21A.708(d) Control of aircraft configuration

text: The applicant should establish a method for the control of any change or repair made to the aircraft, for changes and repairs that do not invalidate the conditions established for the permit to fly. All other changes should be approved in accordance with 21A.713 and when necessary a new permit to fly should be issued in accordance with 21A.711.

text: AMC 21A.709(b) Submission of documentation supporting the establishment of flight conditions

text: Together with the application, the documentation required by 21A.709(b) must be submitted with the approval form (EASA Form 18B) defined below, completed with all relevant information. If the complete set of data is not available at the time of application, the missing elements can be provided later. In such cases, the approval

text: ED Decision 2007/006/R 04/04/2007

text: form must be provided only when all data are available, to allow the applicant to make the statement required in box 8 of the form.

text: FLIGHT CONDITIONS FOR A PERMIT TO FLY – APPROVAL FORM 1. Applicant 2. Approval form nr.

text: [Name of organisation providing Issue: the flight conditions and associated [number and issue, for traceability

text: substantiations] purpose]

text: 3. Aircraft manufacturer/type 4. Serial number(s)

text: 5. Aircraft configuration

text: The above aircraft for which a permit to fly is requested is defined in [add reference to the document(s) identifying the configuration of the aircraft] [For change(s) affecting the initial approval form: description of

text: change(s). This form must be re-issued]

text: 6. Substantiations

text: or restrictions.]

text: 7. Conditions/Restrictions

text: perform these instructions)

text: 8. Statement

text: The flight conditions have been established and justified in accordance with 21A.708. The aircraft has no features and characteristics making it unsafe for the intended operation under the identified conditions and restrictions.

text: [when approved under a privilege of an approved organisation]

text: 9. Approved under [ORGANISATION APPROVAL NUMBER]”

text: [Authorised signatory]

text: [when not approved under a privilege of an approved organisation]

text: 12. Approval and date the appropriate approval: EASA, Competent Authority]

text: EASA Form 18B When the flight conditions are approved under a privilege, this form should be used by the approved organisation to document the approval.

text: GM 21A.710 Approval of flight conditions

text: 1. The approval of flight conditions is related to the safety of the design, when:

text: ED Decision 2007/006/R 04/04/2007

text: a. the aircraft does not conform to an approved design; or

text: b. an Airworthiness Limitation, a Certification Maintenance Requirement or an

text: Airworthiness Directive has not been complied with; or c. the intended flight(s) are outside the approved envelope; d. the permit to fly is issued for the purpose of 21A.701(a)(15). 2. Examples when the approval of flight conditions is not related to the safety of the design are: a. production flight testing for the purpose of conformity establishment; b. delivery / export flight of a new aircraft the design of which is approved; c. demonstrating continuing conformity with the standard previously accepted by the Agency for the aircraft or type of aircraft to qualify or re-qualify for a (restricted -) certificate of airworthiness.

text: GM 21A.711(d) Additional conditions and restrictions

text: The conditions and restrictions prescribed by the Competent Authority may include airspace restrictions to make the conditions approved under 21A.710 more concrete, or conditions outside the scope of the ones mentioned in 21A.708(b) such as a radio station license.

text: GM 21A.713 Changes

text: Changes to the conditions or associated substantiations that are approved but do not affect the text on the permit to fly do not require issuance of a new permit to fly. In case a new application is necessary, the substantiation for approval of the flight conditions only needs to address the change.

text: GM 21A.719 Transfer of a permit to fly

text: Except for permits to fly issued under 21A.701(a)(15), like aircraft without TC holder, a permit to fly is issued based upon the applicant’s declaration of many aspects of the proposed flight or flights, some of which are specific to the applicant. Accordingly, the basis upon which a permit to fly has been issued necessarily is no longer fully in place when the holder of a permit to fly changes, ownership changes, and/or there is a change of register. Such changes necessitate a new application under 21A.707.

text: AMC 21B.520(b) Application for a permit to fly

text: The Competent Authority must receive an application for permit to fly on an EASA Form 21 (see below) completed by the applicant.

text: ED Decision 2007/006/R 04/04/2007

text: Application for Part 21 Permit to Fly

text: 1. Applicant: [Name of applicant]

text: 2. Aircraft nationality and identification marks: 3. Aircraft owner: 4. Aircraft manufacturer/type 5. Serial number

text: 6. Purpose of flight

text: [Use terminology of 21A.701(a) and add any additional information for accurate description of the purpose, e.g. place, itinerary, duration…] [For an application due to a change of purpose (ref. 21A.713):reference to

text: initial request and description of new purpose]

text: 7. Expected target date(s) for the flight(s) and duration

text: 8. Aircraft configuration as relevant for the permit to fly

text: 8.1 The above aircraft for which a permit to fly is requested is defined in [add reference to the document(s) identifying the configuration of the aircraft. Same as required in AMC 21A.263(c)(6) or AMC 21A.709(b)

text: application form, box 5]

text: 8.2 The aircraft is in the following situation related to its maintenance schedule:

text: [Describe status]

text: 9. Approval of flight conditions [if not available at the time of

text: application, indicate reference of request for approval]

text: [Reference to: 1. EASA approval, if flight conditions are approved by EASA; or 2. DOA approval form (see AMC 21A.263(c)(6)), if approved under DOA

text: privilege; or 3. Competent Authority approval

text: 10. Date 11. Name and signature

text: [Authorised signatory]

text: EASA Form 21

text: ED Decision 2007/006/R 04/04/2007

text: Article 2

text: This Decision shall enter into force on 5 April 2007.

text: Done in Cologne, 4 April 2007

text: P. GOUDOU By delegation C. PROBST


text: OJ L 240, 7.9.2002, p.1. Regulation as last amended by

text: Commission Regulation (EC) 334/2007

text: (OJ L 88, 29.3.2007, p. 39). OJ L 243, 27.9.2003, p. 6. Regulation as last amended by

text: Regulation (EC) No 375/2007

text: (OJ L 94, 4.4.2007, p. 3).

text: Management Board Decision concerning the procedure to be applied by the Agency for the issuing of opinions, certification specifications and guidance material (“Rulemaking Procedure”), EASA MB/08/07, 13.6.2007. NPA 2007-03 is available at http://www.easa.europa.eu/doc/Rulemaking/NPA/final NPA2007-03 (AMC GM Raw Materials) (22.03.07).pdf CRD 2007-03 is available at http://www.easa.eu.int/home/rm_crd_en.html Decision ED/2003/01/RM of the Executive Director of the Agency of 17 October 2003 as last amended by Decision ED/2007/006/R of the Executive Director of the Agency of 04/04/2007.

identifier: AMC & GM to Part 21 — Issue 1, Amendment 4

beslut: ED Decision 2007/012/R

text: ED Decision 2007/012/R 22/11/2007

text: European Aviation Safety Agency

text: DECISION N 2007/012/R OF THE EXECUTIVE DIRECTOR OF THE EUROPEAN AVIATION SAFETY AGENCY

text: OF 22nd NOVEMBER 2007

text: AMENDING THE ANNEX TO DECISION NO 2003/01/RM OF THE EXECUTIVE DIRECTOR OF THE AGENCY OF 17 OCTOBER 2003 ON ACCEPTABLE MEANS OF COMPLIANCE AND GUIDANCE MATERIAL FOR THE AIRWORTHINESS AND ENVIRONMENTAL CERTIFICATION OF AIRCRAFT AND RELATED PRODUCTS, PARTS AND APPLIANCES, AS WELL AS FOR THE CERTIFICATION OF DESIGN AND PRODUCTION ORGANISATIONS (‘AMC AND GM TO PART 21’)

text: THE EXECUTIVE DIRECTOR OF THE EUROPEAN AVIATION SAFETY AGENCY,

text: Having regard to the

text: Regulation (EC) No 1592/2002

text: of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (hereinafter “The Basic Regulation”), and in particular Articles

text: and

text: thereof,

text: Having regard to the

text: Commission Regulation (EC) No 1702/2003 of 24 September 2003

text: laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations ,

text: Whereas:

text: (1) The Agency shall issue certification specifications, including airworthiness codes and acceptable means of compliance, as well as any guidance material for the application of the Basic Regulation and its implementing rules.

text: (2) In accordance with

text: article 5.2

text: (d) of the Basic Regulation, organisations responsible for the manufacture of products, parts and appliances shall demonstrate their capability and means to discharge the responsibilities associated with their privileges.

text: (3) The definition of “part and appliances” in

text: Article 3

text: (d) in the Basic Regulation does not include “materials”.

text: (4) The scope of Part 21 Subpart F and Subpart G related to production is limited to the showing of conformity of products, parts and appliances with the applicable design data.

text: ED Decision 2007/012/R 22/11/2007

text: (5) As a consequence, Part 21 Subpart G production organisation approvals and Subpart F letters of agreement cannot be issued for the production of materials.

text: (5) It is not necessary to approve the production of materials because the holders of production organisation approvals, Part 21 Subpart F letters of agreement and also approved maintenance organisations are obliged to verify that incoming materials are as specified in the applicable design data.

text: (6) The original issue of acceptable means of compliance and guidance material to Part 21 inaccurately made reference to the possibility for the Agency to issue approvals and letters of agreement for the production of materials.

text: (7) It is therefore necessary to amend those acceptable means of compliance and guidance material to correctly reflect the legal situation.

text: (8) The Agency, pursuant to Article 43 of the Basic Regulation and articles 5(3) and 6 of the EASA rulemaking procedure , has widely consulted interested parties (see: NPA 2007- 03 ) on the matters which are the subject of this Decision and has provided thereafter a written response to the comments received (see: CRD No 2007-03 ).

text: HAS DECIDED:

text: Article 1

text: The Annex “Acceptable means of compliance and guidance material to be used in the airworthiness certification of products, parts and appliances and the approval of organisations involved in their design or manufacture” to Decision ED/2003/01/RM of the Executive Director of the Agency of 17 October 2003 is hereby amended in accordance with Annex 1 to this Decision.

text: Article 2

text: This decision shall enter into force on 29 November 2007. It shall be published in the Official Publication of the Agency.

text: Done in Cologne, 22 November 2007

text: P. GOUDOU

text: ED Decision 2007/012/R 22/11/2007

text: Annex 1 to Decision 2007/00X/R The following paragraphs of the Annex to Decision 2003/1/RM AMC and GM to Part 21 are amended as follows: SECTION A/Subpart F

text: 1. GM No.1 to 21A.121 is amended as follows:

text: GM No.1 to 21A.121 Applicability - Individual product, part or appliance

text: In this context, “demonstrating the conformity with the applicable design data of a product, part and appliance” means that conformity with the applicable design data has to be established and shown for each and every product, part or, appliance, or material produced.

text: 2. GM 21A.124(b)(1)(i) subparagraph 1 is amended as follows:

text: GM 21A.124(b)(1)(i) Applicability - Inappropriate approval under Subpart G

text: The issue of a letter of agreement of production under Part 21 Subpart F may be agreed by the Competent Authority when: 1 The applicant produces or intends to produce aeronautical products, parts, and/or appliances and/or materials intended for airborne use as part of a type-certificated product (this excludes simulators, ground equipment and tools), and

text: 3. GM 21A.124(b)(1)(ii) is amended as follows:

text: GM 21A.124(b)(1)(ii) Certification or approval needed in advance of the issue of a POA

text: In cases where Part 21 Section A Subpart G is applicable, but when some time is needed for the organisation to achieve compliance with Subpart G, i.e., to establish the necessary documented quality system, the Competent Authority may agree to use Part 21 Section A Subpart F for a limited period (transient phase). In cases where Part 21 Section A Subpart G is applicable, such as to produce ETSO articles or material, a letter of agreement to produce under Part 21 Subpart F should not be given unless an application has been made for organisation approval under Subpart G, and reasonable progress is being made towards compliance with Subpart G. Long-term production under Part 21 Subpart F will not be permitted.

text: 4. GM No. 1 to 21A.125 is amended as follows:

text: GM No. 1 to 21A.125 Letter of agreement - Meaning of individual

text: “Individual” means that each part number or type of item (i.e., product, part, or

text: appliance, or material) to be produced should be specifically referenced, either directly or through a referenced capability list, in the letter of agreement from the Competent Authority. The letter may also specify any limitation in the production rate.

text: 5. GM 21A.129(a), the first sentence is amended as follows:

text: GM 21A.129(a) Availability for inspection by the Competent Authority

text: Each product, part, appliance or material part or appliance should be made available for inspection at any time at the request of the Competent Authority.

text: ED Decision 2007/012/R 22/11/2007

text: SECTION A/Subpart G

text: 6. GM 21A.133(a) is amended as follows:

text: GM 21A.133(a) Eligibility – Approval appropriate for showing conformity

text: ‘Appropriate’ should be understood as follows: • The applicant produces or intends to produce aeronautical products, parts, and/or appliances and/or materials intended for airborne use as part of a typecertificated product (this excludes simulators, ground equipment and tools). • The applicant will be required to show a need for an approval, normally based on one or more of the following criteria: 1 Production of aircraft, engines or propellers (except if the Competent Authority considers a POA inappropriate). 2 Production of ETSO articles and parts marked EPA. 3 Direct delivery to users such as owners or operators maintenance organisations with the need for exercising the privileges of issuing Authorised Release Certificates – EASA Form 1. 4 Participation in an international co-operation program where working under an approval is considered necessary by the Competent Authority. 5 Criticality and technology involved in the part, or appliance, or material being manufactured. Approval in this case may be found by the Competent Authority as the best tool to exercise its duty in relation to airworthiness control. 6 Where an approval is otherwise determined by the Competent Authority as being required to satisfy the essential requirements of Annex I to the Basic Regulation. • It is not the intent of the Competent Authority to issue approvals to manufacturing firms that perform only sub-contract work for main manufacturers of products and are consequently placed under their direct surveillance. • Where standard parts, materials, processes or services are included in the applicable design data (see guidance on applicable design data in GM 21A.131) their standards should be controlled by the POA holder in a manner which is satisfactory for the final use of the item on the product, part or appliance. Accordingly, the manufacturer or provider of the following will not at present be considered for production organisation approval: • consumable materials • raw materials • standard parts • parts identified in the product support documentation as ‘industry supply’ or ‘no hazard’ • non-destructive testing or inspection • processes (heat treatment, surface finishing, shot peening, etc.)

text: ED Decision 2007/012/R 22/11/2007

text: 7. GM No.2 to 21A.139(b)(2) is amended as follows:

text: GM No. 2 to 21A.139(b)(2) Quality System – Adequacy of procedures and monitoring function

text: Adequacy of procedures means that the quality system, through the use of the procedures as set forth, is capable of meeting the conformity objectives identified in 21A.139(a). The quality assurance function to ensure the above should perform planned continuing and systematic evaluations or audits of factors that affect the conformity (and, where required, safe operation) of the products, parts, or appliances and/or materials to the applicable design. This evaluation should include all elements of the quality system in order to show compliance with Part-21 Subpart G.

text: 8. AMC 21A.145(d)(1) Subparagraph 1 is amended as follows:

text: AMC 21A.145(d)(1) Approval Requirements – Certifying staff

text: 1 Certifying Staff are nominated by the production organisation to ensure that products, parts, and/or appliances and/or materials qualify for Statements of Conformity or Release Certificates. Certifying Staff positions and numbers are to be appropriate to the complexity of the product and the production rate.

text: ED Decision 2007/012/R 22/11/2007

text: 9. The table in GM 21A.151 is amended as follows:

text: GM 21A.151 Terms of approval – Scope and categories

text: SCOPE OF WORK PRODUCTS/CATEGORIES A1 Large Aeroplanes State types A2 Small Aeroplanes “ A3 Large Helicopters “ A4 Small Helicopters “ A5 Gyroplanes “ A6 Sailplanes “ A7 Motor Gliders “ A8 Manned Balloons “ A9 Airships “ A10 Microlight Aircraft “ A11 Very Light Aeroplanes “ A12 Other “ B1 Turbine Engines “ B2 Piston Engines “ B3 APU’s “ B4 Propellers “ C1 Appliances: State appliance generic types (e.g., Tyres, Altimeter, etc.) Examples include: Avionic, Com/Nav/Pulse Computer System, Aircraft/Engine/Avionic Instruments, Mechanical/Electrical/ Gyroscopic/Electronic Mechanical/Hydraulic/Pneumatic

text: State part generic types C2 Parts: (e.g., Wing, Landing Gear, etc.)

text: Examples include: Structural, Metallic/non-metallic Mechanical/Hydraulic/Pneumatic Electrical Electronic

text: C3 Materials D1 Maintenance State aircraft types

text: D2 Issue of permit to fly State aircraft types

text: ED Decision 2007/012/R 22/11/2007

text: SECTION B/Subpart F

text: 10. The completion instructions of block 4 of Form 60 in AMC 21B.120(c)(1) is amended as follows:

text: AMC 21B.120(c)(1) Evaluation of applications

text: EASA Form 60

text: …. Block 4: This Block must include further details of the manufacturing activities under the approval for the addresses indicated in Block 3. The Block “Identification” must indicate the products, parts, or appliances or material intended to be produced, while the Block “Termination” must address any information on the limitation of the activity, e.g., by stating the intended number of units to be manufactured or the expected date of completion of the manufacturing activities.


text: OF THE EXECUTIVE DIRECTOR OF THE EUROPEAN AVIATION SAFETY AGENCY

text: OJ L 79, 19.03.2008, p. 1. OJ L 243, 27.9.2003, p. 6. Regulation as last amended by

text: Regulation (EC) No 287/2008 of 28 March 2008

text: (OJ L 87, 29.3.2008, p. 3).

text: R.F01202 © European Aviation Safety Agency, 2009. All rights reserved. Proprietary document. Page 1 of 4

text: Decision No. 2003/02/RM of the Executive Director of the Agency of 17 October 2003 on Certification Specifications, including Airworthiness Codes and Acceptable Means of Compliance, for Large Aeroplanes (« CS25 »), as amended by Executive Director Decision No. 2009/010/R Management Board Decision concerning the procedure to be applied by the Agency for the issuing of opinions, certification specifications and guidance material (Rulemaking Procedure), EASA MB/08/07, 13.6.2007. See NPA 200819 on Rulemaking Archives page http://www.easa.europa.eu/ws_prod/r/r_archives.php. See CRD 200819 on Rulemaking Archives page http://www.easa.europa.eu/ws_prod/r/r_archives.php. See NPA 200812 on Rulemaking Archives page http://www.easa.europa.eu/ws_prod/r/r_archives.php See CRD 200812 on Rulemaking Archives page http://www.easa.europa.eu/ws_prod/r/r_archives.php

identifier: AMC & GM to Part 21 — Issue 1, Amendment 5

beslut: ED Decision 2009/011/R

text: ED Decision 2009/011/R 24/08/2009

text: European Aviation Safety Agency

text: DECISION N 2009/011/R

text: OF 24 AUGUST 2009

text: amending the Annex to Decision No. 2003/01/RM of the Executive Director of the Agency of 17 October 2003 on acceptable means of compliance and guidance material for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (“AMC and GM to Part 21”)

text: “Fuel tank flammability reduction”

text: and

text: "Repair and design changes to European Technical Standard Order (ETSO)"

text: THE EXECUTIVE DIRECTOR OF THE EUROPEAN AVIATION SAFETY AGENCY, Having regard to the

text: Regulation (EC) No 216/2008

text: of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing

text: Council Directive 91/670/EEC

text: Regulation (EC) No 1592/2002

text: and Directive

text: (hereinafter “The Basic Regulation”), and in particular

text: Articles 18

text: (c), 38(3)(a) and (e) thereof, Having regard to the

text: Commission Regulation (EC) No 1702/2003 of 24 September 2003

text: laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations ,

text: Whereas: (1) The Agency shall, pursuant to Article 18 of the Basic Regulation, issue certification specifications, including airworthiness codes and acceptable means of compliance, as well as guidance material for the application of the Basic Regulation and its implementing rules.

text: ED Decision 2009/011/R 24/08/2009

text: (2) The Agency, further to the fuel tank explosion accidents which occurred in the recent years, has amended Certification Specifications for Large Aeroplanes (« CS25 » ) in order to mitigate the risk of fuel tank explosion. To complement the existing CS25 specifications on fuel tank ignition prevention, some requirements have been introduced to address fuel tank flammability exposure. In order to meet the newly introduced average flammability exposure requirement (refer to CS25 chapter 25.981(b)(2) and Appendix M), applicants may have to include active Flammability Reduction Means (FRM) systems in their design. (3) In the absence of in service experience from FRM systems, it is necessary to ensure that holders of a type certificate, restricted type certificate, supplemental type certificate and of any other relevant approval deemed to have been issued under Part 21 (Annex to

text: Commission Regulation (EC) 1702/2003

text: ) which have included a FRM in their design will monitor the reliability of their FRM system to ensure it actually meets the average flammability exposure required by the amended CS25. This means that an adequate reliability data collection system must be demonstrated, and a regular reporting to the Agency shall be done during the first service years. (4) Part 21 chapter 21A.3(a) already requires certificate and approval holders to have a “System for Collection, Investigation and Analysis of Data”. However, there is no associated existing acceptable means of compliance (AMC) detailing how this process is expected to be put in place. For this reason, the Agency has decided to create a new AMC explaining what is expected in the case of the FRM reliability monitoring. (5) The Agency, pursuant to

text: Article 52(1)

text: (c) of the Basic Regulation and articles 5(3) and 6 of the Rulemaking Procedure , has widely consulted interested parties on the matter of “Fuel tank flammability reduction” and has provided thereafter a written response to the comments received .

text: (6) The Agency was requested to investigate further possibilities for the approval of changes and repairs to European Technical Standard Order (ETSO) articles in addition to those existing in Part 21 with the objective to provide more flexibility to stakeholders. (7) The Agency, pursuant to

text: Article 52(1)

text: (c) of the Basic Regulation and articles 5(3) and 6 of the Rulemaking Procedure , has widely consulted interested parties on the matter of “Repair and design changes to European Technical Standard Order (ETSO)” and has provided thereafter a written response to the comments received . (8) Based on the results of the above consultation the Agency concluded that additional approval possibilities for changes and repairs to ETSO articles would not bring the requested flexibility. In addition it noted that there is limited awareness of the existing possibility to approve a minor change to an ETSO article as a change to the product in which it is installed. The Agency therefore decided to create new Guidance Material (GM) to increase the awareness of this existing option.

text: HAS DECIDED:

text: ED Decision 2009/011/R 24/08/2009

text: Article 1

text: The Annex “Acceptable means of compliance and guidance material to be used in the airworthiness certification of products, parts and appliances and the approval of organisations involved in their design or manufacture” to Decision ED/2003/01/RM of the Executive Director of the Agency of 17 October 2003 is hereby amended as provided in Annex 1 to this decision.

text: Article 2

text: This decision shall enter into force on 31st August 2009. It shall be published in the Official Publication of the Agency.

text: Done in Cologne, on 24 August 2009.

text: P. GOUDOU

text: ED Decision 2009/011/R 24/08/2009

text: Annex 1 to ED Decision 2009/011/R

text: The following paragraphs are added to the Annex to Decision 2003/1/RM “Acceptable means of compliance and guidance material to be used in the airworthiness certification of products, parts and appliances and the approval of organisations involved in their design or manufacture” of the Executive Director of the Agency of 17 October 2003:

text: AMC 21A.3(a)

text: Collection, investigation and analysis of data related to Flammability Reduction Means (FRM) reliability

text: Holders of a typecertificate, restricted type certificate, supplemental type certificate and of any other relevant approval deemed to have been issued under Part21 and which have included a FRM in their design should assess on an ongoing basis the effects of aeroplane component failures on FRM reliability. This should be part of the system for collection, investigation and analysis of data required by 21A.3 (a). The applicant/holder should do the following: (a) Demonstrate effective means to ensure collection of FRM reliability data. The means should provide data affecting FRM reliability, such as component failures. (b) Unless alternative reporting procedures are approved by the Agency, provide a report to the EASA every six months for the first five years after service introduction. After that period, continued reporting every six months may be replaced with other reliability tracking methods found acceptable to the Agency or eliminated if it is established that the reliability of the FRM meets, and will continue to meet, the exposure specifications of paragraph M25.1 of appendix M to CS25. (c) Develop service instructions or revise the applicable aeroplane manual, according to a schedule approved by the Agency, to correct any failures of the FRM that occur in service that could increase any fuel tank’s Fleet Average Flammability Exposure to more than that specified by paragraph M25.1 of appendix M to CS25.

text: GM to 21A.611

text: Design changes

text: A change to an ETSO article can either be seen: under this 21A.611 in the context of an ETSO authorisation, i.e., when an article as such is specifically approved under Subpart O, with dedicated rules that give specific rights and obligations to the designer of the article, irrespective of any product type design or change to the type design. For a change to such an article, irrespective of installation on any aircraft, Subpart O, and this 21A.611 in particular, should be followed. Or When an airline or a maintenance organisation is designing a change (based on data not published in the TC holder or Original Equipment Manufacturer documentation) on an article installed on an aircraft, such a change can be considered as a change to the product in which the article is installed, not to the article taken in isolation. Therefore Subpart D can be used for the approval of this change that will be identified as "change to product x affecting article y", but not "change to article y".