21L.A.41 Scope

Regulation (EU) 2022/1358

(a) This Subpart establishes the procedure for declaring the design compliance of aircraft, and establishes the rights and obligations of the persons making such declarations.

(b) This Subpart applies to the following categories of aircraft, provided that the design of the aircraft does not include novel or unusual design features:

1. an aeroplane with a maximum take-off mass (MTOM) of 1 200 kg or less that is not jet‑powered, and has a seating configuration of maximum two persons;

2. a sailplane or powered sailplane with an MTOM of 1 200 kg or less;

3. a balloon designed for not more than four persons;

4. a hot air airship designed for not more than four persons.

(c) For the purpose of this Subpart, a design feature shall be considered to be novel or unusual if at the time that the declaration of design compliance is made, that design feature is not covered by the detailed technical specifications established and made available by the Agency in accordance with point 21L.B.61.

21L.A.42 Eligibility

Regulation (EU) 2022/1358

Any natural or legal person may declare the compliance of an aircraft design under the conditions laid down in this Subpart.

21L.A.43 Declaration of design compliance

Regulation (EU) 2022/1358

(a) Prior to producing an aircraft or agreeing with a production organisation to produce an aircraft, a natural or legal person who designs that aircraft shall declare that its design complies with the applicable detailed technical specifications and the applicable environmental protection requirements referred to in point 21L.A.45.

(b) The declaration shall be made in a form and manner established by the Agency and shall contain at least the following information:

1. the name of the person submitting the declaration, and their address/place of business;

2. a unique reference for identifying the aircraft;

3. indication of the applicable detailed technical specifications and the applicable environmental protection requirements according to point 21L.A.45 with which the declarant declares compliance;

4. a signed statement made under the sole responsibility of the person making the declaration that the design of the aircraft, and if applicable the engine or propeller, is in compliance with the applicable detailed technical specifications and the applicable environmental protection requirements referred to in point 3, according to the compliance demonstration plan referred to in point (c) (3);

5. a signed statement made under the sole responsibility of the person making the declaration that no features or characteristics have been identified by that person that may make the aircraft unsafe or environmentally incompatible for the intended use;

6. a signed commitment that the person making the declaration will undertake the obligations referred to in point 21L.A.47;

7. if the aircraft design covered by the declaration includes an engine or propeller:

(i) a reference to the engine or propeller type certificate issued or determined in accordance with Annex I (Part 21) or issued in accordance with this Annex; or

(ii) in the case of piston engines and fixed pitch propellers, a statement that the declaration of design compliance of the aircraft covers the compliance of the engine or propeller with the applicable engine or propeller technical specifications;

8. the instructions for continued airworthiness;

9. the operating limitations;

10. the data sheet for airworthiness and, if applicable, emissions;

11. the data sheet for noise, if applicable;

12. any other conditions or limitations prescribed for the aircraft, and if applicable the engine or propeller, in the applicable detailed technical specifications and the applicable environmental protection requirements with which the declarant declares compliance.

(c) The declarant shall submit the declaration of design compliance referred to in point (b) to the Agency. Together with this declaration, the declarant shall provide to the Agency:

1. a drawing of the aircraft;

2. a detailed description of the aircraft design, including all the configurations covered by the declaration, the operating characteristics, design features and any limitations;

3. a compliance demonstration plan detailing the means by which compliance with the applicable detailed technical specifications and the applicable environmental protection requirements has been demonstrated during compliance demonstration;

4. recorded justifications of compliance obtained from the compliance activities that have been conducted according to the compliance demonstration plan;

5. where compliance is demonstrated by carrying out tests, recorded justification of the conformity of the test articles and equipment, demonstrating:

(i) for the test specimen, that:

(A) the materials and processes adequately conformed to the specifications for the design;

(B) the constituent parts of the products adequately conformed to the drawings in the design; and

(C) the manufacturing processes, construction and assembly adequately conformed to those specified in the design;

(ii) that the test and measuring equipment used for the test were adequate for the test and appropriately calibrated;

6. reports, results of inspections or tests that the declarant found necessary to determine that the aircraft, and if applicable the engine or propeller, complies with the applicable detailed technical specifications and the applicable environmental protection requirements.

AMC1 21L.A.43(b) Declaration of design compliance

ED Decision 2023/013/R

FORM AND MANNER

The request for registration should be completed as well as the declaration of design compliance which can be found on the EASA Website and sent to EASA by email or regular mail following the information provided on the EASA website⁸⁰https://www.easa.europa.eu/document-library/application-forms/certifica… (accessed: 20 October 2023).

An ‘EASA project’ will be initiated by EASA in order to provide the declarant with a means to provide the required supporting documentation to EASA.

EASA Form 200

PART 2 – DECLARATION OF DESIGN COMPLIANCE

GM1 21L.A.43(b)(10) Declaration of design compliance

ED Decision 2023/013/R

DATA SHEET FOR AIRWORTHINESS (point 21L.A.43(b)(10))

Templates for the data sheet for airworthiness for aeroplanes, sailplanes and balloons can be requested from the nominated EASA focal point for the project.

AMC1 21L.A.43(b)(11) Declaration of design compliance

ED Decision 2023/013/R

DATA SHEET FOR NOISE

The required noise data for the data sheet for noise (as required by point 21L.A.43(b)(11)) should be provided by the declarant using the EASA’s Part 21 Light database of declared noise levels. The declarant should submit a request to EASA for an account to access EASA’s Part 21 Light database prior to submitting the declaration of design compliance.

All applicable fields in EASA’s Part 21 Light database of declared noise levels should be completed by the declarant before EASA may check the provided noise data. After a reasonability and completeness check, EASA will publish the declared data in the database. This data will be utilised to support the registration of the declaration of design compliance under point 21L.B.63.

The noise data that is provided in EASA’s Part 21 Light database of declared noise levels by the declarant is under the sole responsibility of the declarant of the declaration of design compliance.

The individual records in the published version of EASA’s Part 21 Light database of declared noise levels are considered ‘data sheet for noise’.

It is important that the declarant uses EASA’s Part 21 Light database of declared noise levels to ensure that the declared noise levels and supporting data are made available to the competent authority for the issuance of a restricted noise certificate under point 21L.B.172. Otherwise, the competent authority may not be able to issue such a certificate.

GM1 21L.A.43(b)(4);(b)(5) Declaration of design compliance

ED Decision 2023/013/R

SIGNED STATEMENTS

All compliance-demonstration activities conducted in accordance with the compliance-demonstration plan, including all the inspections and tests and all flight tests conducted in accordance with point 21L.A.44, should be completed before signing the statements required in points (4) and (5) of point 21L.A.43(b).

‘No feature or characteristic’ that may make the aircraft unsafe in point 21L.A.43(b)(5) means the following: while every effort is made to address in the applicable detailed technical specifications all the risks to product safety that may be caused by the product, experience shows that safety-related events may occur with products in service, even though compliance with the applicable detailed technical specifications is fully demonstrated. One of the reasons may be that some existing risks are not properly addressed in the applicable detailed technical specifications. Therefore, the declarant should declare that they have not identified any such features or characteristics.

‘No features or characteristics’ that may make the aircraft environmentally incompatible
(point 21L.A.43(b)(5)):

It is assumed that environmental compatibility is demonstrated when the aircraft complies with the applicable environmental protection requirements. Therefore, the declarant when declaring that the aircraft complies with the applicable environmental protection requirements under point 21L.A.43(b)(4), shall also declare that they have not identified any such features or characteristics.

GM1 21L.A.43(c) Information to be provided to the Agency

ED Decision 2023/013/R

The documents and information that are required to be provided to EASA under point 21L.A.43(c) may be provided to EASA by the declarant in advance of the submission of the declaration of design compliance. This would be advantageous for the declarant to facilitate EASA’s investigations prior to the issuance of the flight conditions for a permit to fly under point 21L.B.242(a)(2) and the first-article inspection under AMC 21L.A.47(a).

If so requested, EASA may provide the declarant with an appropriate account for EASA’s document management system (for example, SEPIAC) with which the declarant may provide the documents and information listed in point 21L.A.43(c). This would also include the data related to compliance with the environmental protection requirements for noise that is required to be provided under point 21L.A.43(b)(11) which can be facilitated by requesting access to EASA’s Part 21 Light database of declared noise levels (see AMC1 21L.A.43(b)). Such data will be required to enable the competent authority to issue a restricted noise certificate under point 21L.B.172(b).

AMC1 21L.A.43(c) Declaration of design compliance

ED Decision 2023/013/R

Data and information required to be provided by the declarant should be made available to EASA in a reliable and efficient way as agreed by EASA.

21L.A.44 Compliance activities for a declaration of design compliance

Regulation (EU) 2022/1358

Prior to making a declaration of design compliance in accordance with point 21L.A.43, the declarant responsible for design of that aircraft shall, for that specific aircraft design:

(a) establish a compliance demonstration plan detailing the means for compliance demonstration that shall be followed during the compliance demonstration. This document shall be updated as necessary;

(b) record the justification of compliance within compliance documents according to the compliance demonstration plan;

(c) perform testing and inspections as necessary in accordance with the compliance demonstration plan;

(d) ensure and record the conformity of the test articles and equipment and ensure that the test specimen conforms to the specifications, drawings, manufacturing processes, construction and assembly means in the design;

(e) ensure that the test and measuring equipment to be used for testing are adequate for testing and appropriately calibrated;

(f) allow the Agency to conduct or participate in any inspections or tests of aircraft in the final or suitably mature design and production configuration that are necessary to determine that the product has no feature or characteristic that makes the aircraft unsafe or environmentally incompatible for the intended use;

(g) carry out flight testing, in accordance with the methods for such flight testing specified by the Agency, to determine whether the aircraft complies with the applicable detailed technical specifications and the applicable environmental protection requirements. The flight testing shall include a period of operation in the final configuration of a sufficient duration to ensure that there will be no safety issues when the aircraft first enters service.

GM1 21L.A.44 Compliance activities for a declaration of design compliance

ED Decision 2023/013/R

VOLUNTARY INVOLVEMENT OF THE AGENCY PRIOR TO THE SUBMISSION OF THE DECLARATION

The declarant may choose to involve EASA prior to submitting the declaration of design compliance. This would allow EASA to:

(a) check that the product is within the scope of Subpart C;

(b) provide guidance on the completeness of the compliance-demonstration plan and the selection of the means of compliance;

(c) provide guidance on the selection of the applicable detailed technical specifications and applicable noise requirements;

(d) provide guidance about and witnessing and participating to noise tests;

(e) avoid any issues or delays during the first-article inspection (after submission of the declaration of design compliance).

The initiation of the project by the declarant by submitting a request to EASA may occur before starting the compliance activities or during those activities. The assignment of a dedicated project number would facilitate any subsequent communication with EASA. This will facilitate the provision of compliance documentation required by point 21L.A.43(c) which can be provided by the declarant to EASA at key stages in the compliance demonstration prior to submission of the declaration of design compliance.

The declarant should also request access to EASA’s Part 21 Light database of declared noise levels referring to the given Agency project number⁸¹The access to the Agency’s Part 21 Light database of declared noise levels will be granted when the declarant initiates their first Part 21 Light declared project at EASA. Access to this database will also enable the declarant to use this database for future projects. in order to provide the required data under point 21L.A.43(b)(11) (see AMC1 21L.A.43(b)).

In accordance with point 21L.B.61, the environmental protection requirements are defined in Regulation (EU) 2018/1139 to be those contained in Annex 16 to the Chicago Convention. As regards aircraft noise, noise testing is generally conducted making use of technical and equivalent procedures that are described in ICAO Doc 9501 ‘Environmental Technical Manual’, Volume I ‘Procedures for the Noise Certification of Aircraft’. The use of such procedures demands a deeper knowledge of the environmental protection requirements. In case of doubt and to minimise the risk of any re-test after the first-article inspection, the declarant is encouraged to contact EASA well before the noise flight test.

AMC1 21L.A.44(a) Compliance activities for a declaration of design compliance

ED Decision 2023/013/R

COMPLIANCE-DEMONSTRATION PLAN

The compliance-demonstration plan is a document that allows the declarant to manage and control the evolving aircraft design, as well as the process of compliance demonstration that enables EASA to investigate the root cause(s) in the event of a safety issue being discovered.

In particular, the following information should typically be expected:

—      Identification of the relevant personnel that make decisions affecting airworthiness and environmental compatibility, and that will interface with EASA during the physical inspection (safety review) prior to the issuance of the flight conditions and during the first-article inspection.

—      A project schedule, including major milestones.

—      Subcontracting arrangements for design, environmental compatibility and/or production.

Point 21L.A.43(c)(2) ‘Configurations covered by the declaration’

An overview of the following:

—      architecture, functions, systems;

—      dimensions, design weights, payloads, design speeds;

—      engines and power/thrust rating;

—      materials and technologies;

—      cabin configuration aspects;

—      options (e.g. weight variants, power/thrust rating variants, optional avionics equipment items, brake options, tyre options, floats, skids).

Point 21L.A.43(c)(2) ‘Operating characteristics and limitations’

—      operating speed limitations;

—      service ceiling, maximum airfield elevation;

—      limit load factors;

—      number of passengers, payload, range;

—      weight and centre-of-gravity (CG) envelope and fuel loading;

—      performance;

—      environmental envelope;

—      runway surface conditions;

—      other items, if considered to be more appropriate, that address the specific aeronautical product.

The declarant should provide detailed information about the means of compliance with the applicable requirements identified under point 21L.A.45. This should include the following:

—      a compliance checklist addressing each requirement, the proposed means of compliance (see Appendix A to AMC1 21L.A.44(a) below for the relevant codes), and the related compliance document(s);

—      identification of industry standards, methodology documents, handbooks and any other acceptable means of compliance, specified in the airworthiness data sheet, that have been followed in the demonstration of compliance;

—      identification of methodologies and procedures laid down in Annex 16 to the Chicago Convention that have or will be followed in the demonstration of compliance with the applicable environmental protection requirements;

—      when the compliance demonstration involves testing, a description of the ground-and flight-test article(s), test method(s), test location(s), test schedule, test house(s), test conditions (e.g. limit load, ultimate load), as well as of the intent/objective(s) of the testing; and

—      when the compliance demonstration involves analyses/calculations, a description/ identification of the tools (e.g. name and version/release of the software programs) and methods used, the associated assumptions, limitations and/or conditions, as well as of the intended use and purpose.

For every aspect related to airworthiness compliance mentioned above, the declarant should clearly identify whether the demonstration of compliance involves different means than those contained in the published AMC to the relevant CSs and any method (analysis or test) which is novel or unusual for the declarant.

For every aspect related to compliance with the applicable environmental protection requirements mentioned above, the declarant should clearly identify whether the demonstration of compliance involves means that are described in ICAO Doc 9501 ‘Environmental Technical Manual’.

Appendix A to AMC1 21L.A.44(a) Compliance activities for a declaration of design compliance

ED Decision 2023/013/R

MEANS-OF-COMPLIANCE CODES

GM1 21L.A.44(a) Compliance activities for a declaration of design compliance

ED Decision 2023/013/R

UPDATES TO THE COMPLIANCE-DEMONSTRATION PLAN

The initial compliance-demonstration plan may not be fully complete, e.g. due to schedule constraints of the design, analysis and testing activities.

Furthermore, even if the initial compliance-demonstration plan is complete, it may be necessary to amend it throughout the duration of the compliance-demonstration activities.

In particular, updates to the following elements should be conducted by the declarant:

—      any complementary information that was not included in the initial compliance-demonstration plan;

—      any change to the intended use or kind of operation of the product;

—      a change to the key characteristics of the product such as but not limited to any declared limits that are intended to be recorded in the airworthiness data sheet and noise data sheet;

—      any change to the initial detailed technical specifications or environmental protection requirements, as applicable to the product;

—      any change to the proposed means of compliance, including the related methodology;

—      any changes to the schedule that impacts on the first-article inspection.

The declarant should submit an updated and final version of the compliance-demonstration plan when submitting the declaration of design compliance to EASA (point 21L.A.43(c)(3)).

If a declarant has chosen to involve EASA prior to the declaration (GM1 21L.A.44) and has already submitted a preliminary version of the compliance-demonstration plan to EASA, they should resubmit the updated and final version of it.

AMC1 21L.A.44(b) Compliance activities for a declaration of design compliance

ED Decision 2023/013/R

COMPLIANCE DOCUMENTATION

1. Compliance documentation comprises one or more test or inspection programmes/plans, reports, drawings, design data, specifications, calculations, analyses, etc., and provides a record of the means by which compliance with the applicable detailed technical specifications and environmental protection requirements has been demonstrated.

2.  Each compliance document should normally contain:

—      the reference of the detailed technical specifications or environmental protection requirements addressed by the document;

—      substantiation data demonstrating compliance (except test or inspection programmes/ plans);

—      a statement by the declarant declaring that the document provides the proof of compliance for which it has been created; and

—      the declarant’s signature.

3. Each compliance document should be unequivocally identified by its reference and issue date. The various issues of a document should be controlled and comply with point 21L.A.7 ‘Record-keeping’.

AMC1 21L.A.44(c);(d);(e) Compliance activities for a declaration of design compliance

ED Decision 2023/013/R

INSPECTIONS AND TESTS

In accordance with point 21L.A.44(d), the declarant should address the conformity of the test specimen as well as of the test and measuring equipment.

Conformity of the test specimen

The recorded justification of the conformity of the test articles is intended to ensure that the manufactured test specimen adequately represents the declared applicable design data. Possible types of non-conformity may be the following:

—      Non-conformity between the design of the test specimen and the originally intended design data at the time of the test. These are typically identified in the early stage of the test planning, and should be addressed as early as possible (e.g. in the test plan). There may be several reasons for such a non-conformity: to account for interfaces with the test equipment, to conservatively cover several existing or future design configurations, etc.

—      Non-conformity between the manufactured test specimen and the design of the test specimen. Such a non-conformity may be the result of the manufacturing of the test specimen.

While it is convenient to define any possible non-conformity as early as possible, the declarant does not need to make the distinction between the two types of non-conformity above as long as they are explicitly addressed and justified by cross reference to the test plan or other documents. However, testing for the demonstration of compliance with the environmental protection requirements should be conducted with the final design of the product.

Compliance demonstration is typically an iterative process in which the design is under continuous evolution. If the aircraft design evolves after the time of the inspection or test, then the final aircraft design should be checked against the originally intended design (as it was at the time of the inspection or test), and the differences (if any) should be analysed to ensure that the inspection or test results are representative of the final configuration. However, such changes made to the aircraft design may lead to the invalidation of the inspection or test results and the need to repeat the inspection or test. It is recommended that the declarant should have a thorough configuration management process to track the evolving aircraft design.

Conformity of the test and measuring equipment: the configuration of the test and measuring equipment should be defined in the test plan and include the following:

—      definition/design of the test equipment (relevant tools, mechanical parts, electronic components used to execute the test); and

—      definition of the measuring equipment:

—      type/model of sensors, together with their technical characteristics;

—      position and orientation of exciters and sensors; and

—      electronic measuring equipment (in some cases, this may also include the acquisition and post-processing of data).

The configuration of the test and measuring equipment should be defined and controlled through test plans and supporting documentation. The test plan should also include the following elements:

—      the test cases, methods, and procedures for test execution;

—      the pass–fail criteria; and

—      pre-, during- and post-test inspections.

The declarant should confirm that the test and measuring equipment conform to its definition in the test plan, and that the sensors and measuring system are appropriately calibrated. Any non-conformity should be assessed, and it should be justified that it will not compromise the test purpose and results. This can be done either in the recorded justification of the conformity of the test articles and equipment or by cross reference to other documents (test minutes of meetings, test notes, etc.).

Use of the term ‘adequate’: the test and measuring equipment is considered ‘adequate’ as long as the test execution on the manufactured test specimen (including any non-conformity) and the use of the installed test set-up do not compromise the test purpose and results (for example, by providing better performance than the proposed type design, or by masking any potential failure mode or behaviour).

Changes that affect the validity of the recorded justification of the conformity of the test articles and equipment: if changes need to be introduced to the test specimen or to the test and measurement equipment after the justification has been recorded (and before the test is undertaken), then it must be updated.

Development versus compliance-demonstration tests: sometimes, tests of specimens that conform to a preliminary design, but are not intended for demonstration of compliance (known as development tests), are performed as part of a risk-control strategy and to develop knowledge of a subject. Problems and failures found during development are part of the process of increasing the understanding of the design, including its failure modes and the potential for optimisation. Such development tests do not need to meet the requirements of point 21L.A.44(d) and (e).

Any planned test event should be classified in advance as either a development test or a compliance-demonstration test.

It is acceptable for a development test to finally form part of the compliance demonstration, and it may be declared afterwards to be a compliance-demonstration test as long as it meets the requirements of point 21L.A.44(d) and (e). For this reason, it is important to keep the configuration of such tests under control.

If the test specimen used for a compliance-demonstration test has already undergone a series of previous tests that may affect or ultimately invalidate its validity due to potential non-conformity to point 21L.A.44(d) as required by point 21L.A.43(c)(5), this aspect should be considered when justifying the conformity, and specific analyses or inspections may be required to support such a statement.

Because of the above aspects, declarants may wish to inform EASA if they intend to conduct a campaign of development tests that may eventually be used as demonstration of compliance tests to establish whether EASA would wish to witness the test.

GM1 21L.A.44(f) Compliance activities for a declaration of design compliance

ED Decision 2023/013/R

INSPECTIONS AND TESTS PERFORMED BY THE AGENCY

The declarant should inform EASA sufficiently in advance about the execution of significant inspections and tests that are used for compliance-demonstration purposes in order to permit EASA the opportunity to perform or witness these inspections or tests in advance of the first-article inspection required by point 21L.A.47(a).

This would be advantageous for the declarant to avoid any issues or delays during the physical inspection (safety review) for the flight-conditions approval and during the first-article inspection.

Additionally, the declarant may propose to EASA to perform or witness flight or other tests of particular aspects of the product during its development and before the type design is fully defined. However, before EASA performs or witnesses any flight test, the declarant should first perform these tests and should ensure that no features of the product preclude the safe conduct of the evaluation requested.

A recorded justification of the conformity of the test articles and equipment as per point 21L.A.43(c)(5) is required for the above tests.

The declarant should inform EASA of its intent to conduct demonstration-of-compliance testing for the environmental protection requirements for noise in order to provide EASA with the opportunity to witness and participate to the testing. This will ensure that there are no unforeseen issues with the registration of the declaration of design compliance after the first-article inspection.

GM1 21L.A.44(g) Compliance activities for a declaration of design compliance

ED Decision 2023/013/R

FLIGHT TESTING TO ENSURE NO SAFETY ISSUES EXIST WHEN AN AIRCRAFT ENTERS INTO SERVICE

The objective of the period of operation in the final configuration is to expose the aircraft to the variety of uses, including training, that are likely to occur when in routine service to provide an assurance that it performs its intended functions without safety issues and should continue to do so in service.

The testing should cover typical routine operations and also some simulation of abnormal conditions.

It may be possible to combine flight testing with the testing required to demonstrate compliance with the applicable detailed technical specifications and environmental protection requirements.

A substantial proportion of the flying should be on a single aircraft. The flying should be carried out to a continuous schedule on an aircraft that is very close to the final type design, operated as though it were in service and should include a range of representative ambient operating conditions and airfields.

GM2 21L.A.44(g) Compliance activities for a declaration of design compliance

ED Decision 2023/013/R

FLIGHT TESTING TO ENSURE NO ENVIRONMENTAL COMPATABILITY ISSUES EXIST WHEN AN AIRCRAFT ENTERS INTO SERVICE

The objective of noise flight tests is to establish the environmental performance of the product that occurs during the in-service operation and to confirm that the aircraft is environmentally compatible in terms of aircraft noise.

21L.A.45 Detailed technical specifications and environmental protection requirements that are applicable to aircraft subject to declarations of design compliance

Regulation (EU) 2022/1358

The declarant shall demonstrate the compliance of the aircraft design with the detailed technical specifications and the applicable environmental protection requirements referred to in point 21L.B.61, which are applicable to that aircraft and which are effective on the date on which the declaration of design compliance is made to the Agency.

GM1 21L.A.45 Detailed technical specifications and environmental protection requirements that are applicable to aircraft subject to declarations of design compliance

ED Decision 2023/013/R

ENVIRONMENTAL PROTECTION REQUIREMENTS

(See GM1 21L.B.61(c)(1))

Volumes I, II and III of Annex 16 to the Chicago Convention are available at https://elibrary.icao.int/.

Since the Standards and Recommended Practices in Annex 16 Volumes I, II and III apply only to certain categories of products and as such do not necessarily apply to all products that are within the scope of Subpart C, it is recommended that the declarant may contact the Environment and Sustainability Section of EASA to confirm the environmental protection requirements that are applicable to their particular product and at any stage of the declared process for further guidance.

21L.A.46 Aircraft design data

Regulation (EU) 2022/1358

(a) The declarant shall clearly define the aircraft design to enable its unique and unambiguous identification.

(b) The aircraft design data that is used by the declarant to uniquely define the aircraft design shall include:

1. the drawings and specifications and a listing of those drawings and specifications that are necessary to define the configuration and the design features of the product;

2. information on the materials and processes used;

3. information on the methods of manufacture and assembly;

4. any airworthiness limitations;

5. any environmental compatibility requirements; and

6. any other data allowing by comparison the determination of the airworthiness and, if relevant, the environmental compatibility of later products of the same type.

21L.A.47 Obligations of the declarant of a declaration of design compliance

Regulation (EU) 2022/1358

The declarant who made a declaration of aircraft design compliance to the Agency in accordance with point 21L.A.43 shall:

(a) upon submission of the declaration, arrange for the Agency to conduct a physical inspection and flight tests of the first article of that aircraft in the final or a suitably mature configuration to ensure that the aircraft can achieve an acceptable level of safety and is environmentally compatible;

(b) retain all the supporting documents for the declaration of design compliance, and make them available to the Agency upon request;

(c) comply with all other obligations applicable to a declarant of a declaration of design compliance set forth in Subpart A of this Annex.

AMC 21L.A.47(a) Physical inspection and flight tests of the first article of that aircraft (first-article inspection) prior to registration of a declaration of design compliance

ED Decision 2023/013/R

1. Purpose

The purposes of the first-article inspection (of the article that is in conformance with the declared design) prior to the registration of a declaration of design compliance for a particular aircraft design are:

a. for EASA to ensure the completion of the demonstration-of-compliance activities conducted by the declarant under point 21L.A.44 in accordance with the information provided in accordance with point 21L.A.43 and in particular the compliance-demonstration plan;

b. for EASA to ensure¹ that the designed aircraft is capable of conducting safe flight during in-service operations and does not have any environmental incompatibilities;

c. in case the declarant is a declared design organisation, for EASA to conduct further oversight in accordance with point 21L.B.183(b) of Subpart J in order to ensure that the declarant is able to discharge its obligations.

Note: Under Subpart C of Section A there is no obligation for a declarant of an aircraft declaration of design compliance to submit a declaration of design capability.

¹ This is limited to the scope of the activities that can be conducted under point 2 and the elements of the product that are selected for inspection based upon a risk-based approach to safety and environmental incompatibility.

2. Methodology and evidence

The first-article inspection will be conducted by EASA at an appropriate location(s) selected by the declarant where an effective review and inspection activities can take place. This (these) location(s) should:

—      include the location of the aircraft for which the declaration of design compliance has been submitted under point 21L.A.43;

—      be in the principal place of business (which in accordance with Article 8(2) of Regulation (EU) No 748/2012 must be in an EU Member State); and

—      in case the declarant is a declared design organisation, be in a location that enables the competent authority to conduct the oversight stated in point 1(c) above.

Note: The principal place of business is defined as follows: ‘The head office or registered office of the organisation within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised.’

The Agency will conduct a physical inspection of the aircraft, engine or propeller for which the registration of a declaration of design compliance has been requested. This inspection, along with any other activity that EASA deems necessary (see point 21L.A.44(f)), should ensure that the objectives mentioned in point 1 are met.

The declarant should make the following arrangements to support the first-article inspection:

a. prepare the aircraft, engine, propeller, systems or components for live testing (including flight testing) upon EASA’s request;

b. make available the final version of the compliance-demonstration plan;

c. provide access to supporting compliance documentation and test reports;

d. provide access to key design and production personnel;

e. if relevant (the declarant has opted to become a declared design organisation), make available any design processes and procedures that were used.

It will be necessary for EASA to conduct flight testing of the final configuration of the aircraft. This flight testing will be performed according to a plan proposed by the declarant prior to the first-article inspection and agreed by EASA.

Flight testing could be a combination of:

a. a predefined flight-test plan that is not specific to the particular aircraft type;

b. specific flight testing to focus on targeted aspects after a review of the declarant’s flight-testing data/reports.

The above list of additional sources of evidence is not exhaustive.

It is possible that during the first-article inspection EASA may discover evidence that indicates that the declarant has:

a. misunderstood, misinterpreted or not demonstrated compliance with the applicable technical specifications or the applicable environmental protection requirements, which could lead to an unsafe or an environmentally incompatible design;

b. not fulfilled its design obligations as a declared design organisation (if applicable);

c. not utilised good design management principles to ensure compliance or control of the design.

If such evidence is discovered, the declarant should support EASA in conducting a more in-depth investigation into the compliance documentation and/or the design practices of the declarant. The purpose of this in-depth investigation should be to determine whether or not compliance was demonstrated, the root cause(s) and the corrective actions. This investigation should also serve to prevent a reoccurrence of the issue.

3. Aircraft condition and configuration

The declarant should present to EASA the aircraft, engine or propeller (if applicable) in the final configuration for which compliance has been declared by the declarant.

It is possible for the declarant to arrange inspection visits with EASA prior to the declaration of compliance (for example, for noise testing).

Any differences between the configuration presented to EASA for the first-article inspection and the final configuration in the declaration of design compliance should be justified by the declarant and may, therefore, depending upon their criticality, be subject to more focussed scrutiny during the first-article inspection. It is possible that some differences from the final configuration may delay the registration of the declaration of design compliance.

4. Findings and resolution

In the process of the activities mentioned in point 2, EASA will raise an appropriate finding or observation against the aircraft if a non-compliance is discovered. Findings will need to be resolved by the declarant before the declaration of design compliance is registered.

5. Duration and schedule

The first-article inspection may be a single visit or multiple visits depending on the complexity of the design. For example, EASA may wish to witness or participate to compliance-demonstration testing (for example, noise testing) prior to the first-article inspection.

The declarant should coordinate with the competent authority so that the first-article-inspection activities conducted under point 21L.B.143(b) or point 21L.B.251(b) are conducted as far as practical at the same time as first-article-inspection activities conducted under point 21L.B.62(b).

21L.A.48 Non-transferability of a declaration of aircraft design compliance

Regulation (EU) 2022/1358

(a) A declaration of aircraft design compliance cannot be transferred.

(b) A natural or legal person who is taking over the design of an aircraft for which compliance of the design has been previously declared shall:

1. submit a new declaration of aircraft design compliance in accordance with this Subpart;

2. demonstrate that the declarant who previously made a declaration of aircraft design compliance is no longer active or has agreed to the transfer of the aircraft design data;

3. commit to comply with all the obligations applicable to persons making a declaration of aircraft design compliance set forth in this Subpart as per point 21L.A.47.