Regulation 748/2012 consolidated and replaced Regulation (EC) No 1702/2003 and its 7 subsequent amendments. (Including changes resulting from 4 Agency Opinions and changes introduced by the Commission.)
A transition provision is included in article 11 means that there is no immediate need to update any documents to comply with the rule.
Opinions included in (EC) Regulation 748/2012 – Opinion No 01/2009 on âPossibility to deviate from airworthiness code in case of design changesâ
This introduces 21.A.101(f): If an applicant chooses to comply with a certification specification of an amendment to the airworthiness codes that is effective after the filing of the application for a change to a type, the applicant shall also comply with any other certification specification that the Agency finds is directly related.
Opinion No 02/2009 on âRepair and design changes to European Technical Standard Orderâ
Introduces various changes in 21.A.263, 431, 433, 437, 445, 451 and 604 to ensure that design changes and repairs to APUs are treated in the same way as design changes and repairs to products.
Opinion No 01/2010 on âSub Part J DOAâ introduces a requirement for applicants for TC, changes to TC and STCs to establish a certification programme.
It also extends the DOA privileges to include a possibility to approve minor revisions to Aircraft Flight Manuals.
Opinion No 01/2011 on âEuropean Light Aircraft (ELA) processâ and âstandard changes and repairsâ These changes primarily impact general aviation and address the following issues:
1) Introduction of definitions of European Light Aircraft ELA1 and ELA2
2) Introduction into 21.A.14 of a 3rd way to demonstrate design capability: By establishing a certification programme only;
3) Introduction of the concept of standard changes and repairs that do not need EASA or DOA approval in 21.A.90B and 21.A.431B. See Annex IV to ED Decision 2015/016/R
(similar to FAA AC 43â13).
4) Introduction of a new category of replacement parts that can be installed in ELA1 and ELA2 aircraft without an EASA Form 1 under the responsibility of the owner (see 21.A.307).
AMC and GM will be developed as part of rulemaking task (RMT.0018 and RMT.0571) âInstallation of parts and appliances that are released without an EASA Form 1 or equivalentâ
In accordance with Part-21 Subpart K: 21A.307; a part or appliance is only eligible for installation in type certificated products when released with an EASA Form 1 or if it is a standard part. Similarly in Part-M and Part-145 this is repeated with the addition that the part or appliance must be accompanied by an EASA Form 1 or equivalent.
The term âor equivalentâ refers to authorised release forms issued in the EU before the Agency existed or release forms accepted through bilateral agreements.
A part is considered a âstandard partâ 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 âstandard partâ, 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.
Standard Parts versus Commercial Parts
Industry has used the term âcommercial partsâ in referring to parts that are not designed or manufactured specifically for aviation use such as light bulbs, fire axes, smoke detectors, and so on.
Whereas a standard part specification is developed by a consensus standards organisation and is publicly available, the design of a commercial part is developed privately.
Therefore, these parts cannot be considered standard parts and when installed as replacement part would need a Form 1.
The Agency recognizes that it is unrealistic to expect manufacturers making thousands of non-aviation parts per day and relatively few aviation parts to obtain a Production Organisation Approval (POA) allowing them to issue a Form 1.
To address this issue the FAA has recently amended its Part-21 and issued an Advisory Circular introducing the concept of âcommercial partsâ.
Opinion 01/2011 of 21 March 2011 is proposing a category of parts that do not require a Form 1 when installed in European Light Aircraft.
A new article 10 is introduced in the cover regulation regarding the issuance and function of AMCs (consistent with Regulation 2042/2003).
Permit to Fly
Annex I â Partâ21 â 21A.263(c)(6) is changed to extend the DOA privilege to approve flight conditions for permit to fly to include first flight of new types or modified types.
General
Appendix I to Annex I â Partâ21: In the instructions for the use of EASA Form 1 the last sentence related to the term âapproved design dataâ is removed in paragraph 1.3.
The numbering of the Partâ21 paragraphs is changed to include a dot between â21â and the section designation âAâ or âBâ. This change does not require immediate updating of company documents that refer to Partâ21 paragraphs, but can be implemented when these documents are revised for other reasons.
A new Annex II is introduced to list the repealed regulations.
A new Annex III is introduced with a table correlating the numbering of the new regulation with that of the repealed regulation.
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