Any STC approved or validated by any member state before the establishment of EASA is deemed to be approved under Regulation (EC) No 1702/2003 Article 2a. This covers all previous approvals from minor changes to major changes, STCs and complete aircraft, both certifications and validations with the exception of products of the former Soviet Union. It also covers the flight conditions approved for aircraft operating under national Permits to Fly issued before 28 March 2007.
With regard to products which had a type-certificate issued or validated by a Member State before 28 September 2003, the product in Principle is deemed to have a type-certificate issued in accordance with Commission Regulation (EC) No 1702/2003. In such cases where more than one TCDS for the same product existed within the Member States (e.g. TCDS of the State of Design and TCDS of another Member State having validated that TC), the Agency used the TCDS of the Member State of Design as basis for its TCDS in most cases. If the EASA-TCDS differs from one of the grandfathered TCDS, the owner is not required to modify the product retroactively, provided that the circumstances of Article 2a of Commission Regulation (EC) No 1702/2003 are fully met with. Any future Regulation on air operation may however require the installation of other or additional equipment.
Any aircraft that does not hold a valid CoA or R-CoA, but are capable of safe flight under defined conditions and for the following purposes may be eligible for an EASA Permit to Fly:
Only those purposes where design elements are involved require EASA to approve the Flight Conditions, except where DOA privileges exist.
Note that aircraft qualifying for Permits to Fly do not necessarily comply with the Essential Requirements set out in he Basic Regulation, Article 5, and referred to in Annex 1 to that Regulation.
The Permit to Fly can be used for LSA-type aircraft prior to the introduction of legislation under MDM.032 if they comply with the conditions of 21A.701(15). When the revisions to the legislation are in place, the use of 21A.701(15) will no longer be appropriate (hyperlink to LSA).
Application for an EASA Permit to Fly is made in two parts:
Approval of Flight Conditions
Flight Conditions consist of:
These can be as simple as applying additional limitations for a specific purpose for a limited duration or be as comprehensive as a full description of the individual aircraft, including its modification state, limitations, flight manuals and maintenance instructions.
The former would apply to a fully certificated aircraft whose certificate of airworthiness is invalidated because it is fitted with a modification that has not yet been approved. Limitations may include:
The latter would apply to an aircraft that has not been otherwise certificated, an example being the Sukhoi Su-26. These may be different for each serial number.
The validity of the approved Flight Conditions will normally be limited. The maximum validity is 12 months.
An aircraft becomes orphan when:
Under the current Part 21, orphan aircraft cannot be issued a Certificate of Airworthiness, which requires that a TC holder takes responsibility for the continued oversight of the design. They can therefore only continue to be operated if they hold a restricted certificate of airworthiness or a permit to fly. These documents can only be issued on the basis of a design approved by the Agency.
Commission Regulation (EC) No 1702/2003 requires products, parts and appliances to be issued with certificates as specified in Part 21. Aircraft without a valid type certificate holder cannot comply with Subpart B of Part 21 and cannot therefore hold type certificates. The Specific Airworthiness Specification (SAS) is the replacement document. Specific Airworthiness
Specifications are issued to aircraft without a valid Type Certificate Holder ('Orphan' aircraft) or for certain aircraft General Aviation types from CIS that have been certificated in CIS but not validated by EASA.
The eligibility of the proposed product should first be reviewed. Annex II aircraft, for example, cannot qualify for SAS as they are outside of the remit of the Agency. If a Type Certificate Holder (TCH) still exists, the preferred path to certification of the product is through a Type Certification or Type Validation. If the current Certification Specifications cannot be met, the option of a Restricted Type Certificate can be offered.
If the aircraft Type Certificate Holder is no longer in business ("orphan TC") or does not wish to apply for Type/ Restricted-Type Certification, the application for SAS can be initiated by an operator/owner. It should be emphasised that the SAS should not be seen as a mechanism for avoiding type certification in accordance with Part 21. For General Aviation types the SAS has been used to 'legalise' aircraft that had not been certificated in accordance with Part 21 but which were already on the registers of EU member states on accession to the EU. Whilst it legalises these aircraft, it is not intended to be used to allow the import of additional aircraft of the same type which should be certificated in the normal way.
The loss of an engine or propeller TC holder does not automatically invalidate the aircraft TC, so an orphan engine does not have to result in an orphan aircraft if the aircraft TC holder is prepared to accept the continued airworthiness responsibility of the engine. SASs do not apply to engines or propellers.
Before the creation of EASA, some orphan aircraft have been allowed to operate on non-ICAO level certificates of airworthiness (Permit to Fly, CDNR, etc) and cannot usually be returned to Restricted Certificate of Airworthiness standard. These examples are listed by serial number on the SAS and continue to qualify for EASA Permit to Fly under 21A.701(15). There is no intention to permit aircraft to otherwise voluntarily default to Permit to Fly if they otherwise conform to the SAS.
Aircraft conforming to the appropriate SAS are eligible for the issue of a Restricted Certificate of Airworthiness.
The SAS consists of:
See Article 5 (4) of the Basic Regulation and Regulation (EC) 1702/2003 Part 21, 21A.184
The EASA aircraft lists can be found in the Product Certification page.
These lists specify whether the aircraft has a TC or SAS. This only applies for aircraft (including rotorcraft and lighter-than-air) but not to propulsion. If an engine or propeller becomes an orphan, there is no SAS.
The EASA aircraft lists can be found in the Product Certification page and there are separate links for EU and non-EU products. Annex II types are, by definition, not EASA aircraft and are therefore handled under national rules.
Application for STCs are made using the specific form available in the Application forms page.
Applications can be ot two types:
The STC holder must make the application via the FAA Aircraft Certification Office (ACO) that did the original approval. The ACO must provide a covering letter endorsing and classifying the application (Basic or non-Basic) and forward it to EASA. Applications where EASA agrees the classification as 'Basic' are normally dealt with quickly.
Please note that FAA STCs that apply to a number of different aircraft types as referred to in the 'Applicable Model List' (AML) will generally not be accepted by EASA.
unless split into different applications, one per Type Certificate. This split may be done at EASA if not done by the applicant but will effectively be treated as multiple applications. If in doubt, please contact EASA.
There is no automatic acceptance of Form 337 approvals by EASA, except under certain limited conditions. They need to be assessed individually and may need to be separately approved, normally by application for a minor change or by an approved organization under their DOA.
Any STC approved or validated by any member state before the establishment of EASA is deemed to be 'Grandfathered' under Regulation 1702/2003 Article 2 (3)(a). Unfortunately, there are tens of thousands of these approvals and it has not been possible to put together a database. We normally recommend an enquirer to contact the STC holder (the FAA website has these details) and check with them directly whether they have any EU customers. The STC holder should know who his customers have been because he has obligations to maintain continued airworthiness for his modifications.
In general, an STC can apply to only one Type Certificate. Certain exceptions can be made where the installation of a piece of simple equipment is clearly identical from one aircraft type to another, but EASA procedures state that an STC should apply to one TC only. Each new TC should be the subject of a new application.
This principle also applies to the validation of FAA STCs.
STCs approved on US-built Cessnas and their applicability to Reims-Cessna models
Reims-Cessna was a French company that manufactured US-designed Cessna aircraft under licence. These included the F150, F152, F172, F177, F182, F337, F406 and their variants. These aircraft were identical to the US-built aircraft but the French aircraft were given DGAC Type Certificates. For this reason, FAA STCs approved for US-built Cessna models do not formally apply to Reims-Cessna models; this also applies to validated STCs. However, because the Reims-Cessna aircraft are identical to the US-built aircraft, and because there is no technical investigation necessary to extend the applicability of STCs to the French-built aircraft, EASA can extend the grandfathered approval to Reims-built aircraft but the approval has to be legally recorded. The mechanism that is used is the minor change, even if the modification would normally be classified as STC (ie, a major change). The applicant should apply on an EASA Form 32 referring to the FAA STC and its EASA grandfathered approval in the application.
Note that all Reims-Cessna models are now covered under FAA Type Certificates, with the exception of the FTB337G and GA which are covered by EASA SAS and the F406, which is still the responsibility of Reims Aviation Industries (RAI).
These questions are all answered by reference to the table FAQ table of design change classification
The use of Avgas UL 91, when this fuel grade has been approved for the particular engine types, is allowed even if the airframe TCDS specifies a higher minimum number of octane (e.g. Avgas 100LL). In this case, the Avgas UL 91 can be used with no approval required for the aeroplane, provided the aeroplane is already approved for operation with Avgas or Mogas and the engine is already approved to use unleaded Avgas UL 91. Avgas UL 91 may also be used in all engines and aeroplane types approved by the Type Certificate Holder for use with Mogas RON 95 (MON 85) in accordance with Standard EN228:2008.
The background of this special situation is that in the last decades many aeroplanes have been approved for 100LL only (because no other avgas grade was available) despite the fact that the engine is approved also for lower avgas grades (like 80/87).
SIB 2011-01R2 has been published to inform all owners and operators of aeroplanes powered by spark-ignited piston engines about the use of unleaded Avgas UL 91. The SIB clarifies the actions to be done to allow use of Avgas UL 91.
IMPORTANT: Use of unleaded Avgas UL 91 in engines that have not been approved for the use of these fuels may cause extensive damage or lead to in flight failure, due to the lower Motor Octane Number (MON) of the fuel, compared to Avgas 100LL.
Any change that has an "appreciable effect" on the noise characteristics of an aircraft is referred to as an "acoustical change", and by definition is considered to be a major change. An "acoustical change" is defined as a change that increases the noise certification level by more than 0.1 dBA.
A light propeller driven aircraft's certificated noise level is dependant on two factors, the aircraft's noise at source and the aircraft's take-off performance as defined the AFM. An adverse change to either could lead to a finding of an "acoustical change".
Factors that might adversely affect an aircraft's noise at source
The two principle sources of noise are the propeller and the engine.
Propeller noise is highly dependent on the propeller helical tip Mach number. Other factors that influence propeller noise include the number of blades, blade tip shape, blade thickness and the inflow angle of air flowing into the propeller. Any change that could affect any of these factors is potentially an acoustical change.
Such changes would include:
Engine noise is directly related to engine power. Many engines are fitted with noise suppression devices. Any change that increases engine power or modifies in any way the engine exhaust or the performance of the mufflers, if fitted, is potentially an acoustical change and should be referred to C.1.6.
Factors that might adversely affect an aircraft's take-off performance
The noise certification reference take-off procedures are defined in terms of the approved take-off distance (D15), rate of climb (ROC) and best rate of climb speed (Vy). Any change that causes an increase in D15, a decrease in ROC or a change in Vy will potentially mean the aircraft is lower when it overflies the microphone and therefore noisier.
Such changes would include:
Other factors to be taken into account
Aerodynamic noise, although potentially a significant source of noise for large aircraft, is not generally a significant source for light propeller driven aircraft. Modifications such as the fitting of vortex generators, drooped leading edges or gloves, and extensions or re-profiling of the wing tips would not themselves be considered to be acoustical changes.
However such modifications are often associated with an increase in take-off weight and may therefore be considered as "acoustical changes". A modification to an aircraft that involves the removal of such devices might also be considered to be an "acoustical change" since their removal may lead to a deterioration in the aircraft's performance.
In addition such changes may affect the aircraft incidence during climb-out and potentially change the propeller inflow angle which might itself constitute an "acoustical change".
If the aircraft comes within the definition of Annex II to the Basic Regulation, it is not an EASA type and is handled under national rules. If it does not fit into this definition it is an EASA type and is covered under the procedures below.
A Light Sport Airplane (LSA) is a simple two-seater with a maximum take-off weight of 600kg. Commission Regulation (EC) No 748/2012 (Part 21) issued on August 2012, introduced a new process for the European Light Aircraft (ELA) that, together with the certification specifications CS-LSA published in 2011, create a lighter regulatory regime for the EASA certification of LSA aircraft.
Before the ELA process was in place an EASA Permit to Fly (PtF) according to Regulation (EC) No 1702/2003 (as amended by Regulation 375/2007) Part 21A.701 (15) was an option. The principles for the issuance were based on the rulemaking task MDM.032. With the new ELA process a PtF according to 21A.701(15) is no longer appropriate and the approval of flight conditions will be gradually stopped during the next 2 years and 6 month period. During this transition period all the LSA aircraft flying under PtF will need to obtain a normal or restricted Certificate of Airworthiness, after inspection and, if necessary, modification. The conditions and time schedule for the transition period are explained in the following document:
Permit to Fly principles:
Alternative (Restricted) Type Certification
As there are still some open issues left e.g. for issue of CofA for such PtF aircraft an alternative way should be mentioned. Without ELA processes there is already the possibility to get a certification for products not fully conforming to CS-VLA and Part 21.
EASA Definition Light Sport Aeroplane
Light Sport Aeroplane complies with the following criteria:
These specifications apply to aeroplanes intended for "non-aerobatic" and for "VFR day" operation only.
The airworthiness code is ASTM International standard F2245.
The Multi-Disciplinary Measure (MDM) group MDM.032 is working on proposals to reduce the regulatory burden on these recreational aircraft. These changes to the regulations, when in place, will replace the interim measures set out above.
When it comes to the above mentioned Russian GA aircraft types, the situation can be described as follows:
1) Aircraft covered by transitional arrangements:
A limited number of the above mentioned Russian GA aircraft types have been covered by transitional arrangements (identified by serial number) .
According to article 5 of Regulation 748/2012, for a certain number of Russian GA aircraft that were on a Member State´s register before the applicability of the Basic Regulation, the Agency has developed Specific Airworthiness Specifications (SAS) on the basis of which the aircraft are eligible for the application for a Restricted Certificate of Airworthiness (RCofA) at the Member State´s NAA in accordance with art. 21.A.173(b). However, this only applies to the aircraft specifically listed (by serial number) in the SAS (SAS.A.093 for Su-29; SAS.A.094 for Su-31 and SAS.A.095 for Yak-18T).
Additionally, for aircraft that, although in the register of one of the Member States at the date of applicability of the Basic Regulation, could not fulfil all the criteria of article 5 for the issue of an SAS, the Agency has issued flight conditions which have allowed these aircraft to continue to fly based on a national Permit to Fly. This was done based on the same grandfathering principles (to cover aircraft already registered in the Member States), based on information received from the Member States of registry, and limited to a restricted number of individual aircraft (identified by serial number).
Only individual aircraft that were registered in one of the Member states before the date of applicability of the Basic regulation to that State were covered by the transitional arrangements described above.
The dates of applicability of the Basic Regulation for the various EASA Member States are:
2) Aircraft not covered by transitional arrangements:
For all other Russian GA aircraft of the types listed above, the general procedure according to Part-21 applies. This means that applicants for the approval of flight conditions by the Agency need to demonstrate “that the aircraft is capable of safe flight under the specific conditions and restrictions” (art. 21.A.710c), hence need to provide the Agency with a comprehensive certification plan for each application/aircraft. The certification plan should consider the relevant Certification Specification (CS) for the aircraft (e.g. CS-23) as well as for engine (e.g. CS-E) and propeller (e.g. CS-P). Also, the continued airworthiness of the aircraft needs to be ensured.
This guidance applies to ETSO'd Garmin, Aspen, Avidyne, Honeywell, IS&S and other similar primary flight instruments that are replacing conventional electro-mechanical instrumentation. This guidance clarifies general aspects and applicability of software-related Certification Memos as part of an STC or major change application where highly-integrated electronic primary flight displays are installed on CS-23 aircraft.
For further details of EASA initiatives to ensure better regulation of recreational activities, please see http://easa.europa.eu/flightstandards/ga-ba.html
The replacement of avionics is a change to the type design that has to be approved in accordance with Part-21, and, for that, it has to be classified as major or minor, depending on the effect that the change has on the airworthiness of the A/C. The rules for the classification are identified in paragraph 21.A.91 and the guidance in the GM 21.A.91. Additional guidance can be found in the FAA AC 23.1309-1E and the "FAQ table of design change classification".
Regarding the applicability of the change, each application need to include a reference to the TC and the eligible A/C type/model to be changed. As indicated on EASA website at the FAQ for Fees and Charges, one application for TC, RTC, STC, Major and Minor Change can cover several models but not more than one type per certificate.
There are, however, some exceptions where a list of models, applicable to aircraft covered by different TC’s, has been accepted. In such case, it has to be shown that the design change and the demonstration of compliance is valid, without relevant differences, on all the TC’s/models listed in the paragraph on the applicability of the modification.
Modifications consisting of a replacement (“box out – box in”) of basic avionics (e.g. transponder) represent one of such exceptions. In order for a design change to fall in this category, where an extended model list of A/C from different types can be accepted, the following criteria should be met:
The following conditions also apply:
Meeting all the above conditions typically allows acceptance of applications with extended model list. When one or more of the above conditions are not met, a case by case evaluation is possible. In both cases, acceptance will not constitute a precedent for any future change.