21L.A.271 Scope

Regulation (EU) 2022/1358

This Subpart establishes the procedures for the issuance of statements of conformity for aircraft (EASA Form 52B) and authorised release certificates (EASA Form 1) for engines and propellers, or parts thereof, that have been produced in conformity with the design data of a declaration of design compliance, and the rights and obligations of the declarant.

21L.A.272 Eligibility

Regulation (EU) 2022/1358

Any natural or legal person who is granted access to the applicable design data and is able to undertake the obligations stated in point 21L.A.275 may issue a statement of conformity (EASA Form 52B) for an aircraft or an authorised release certificate (EASA Form 1) for an engine or propeller, or a part thereof, under the conditions laid down in this Subpart.

AMC1 21L.A.272 Eligibility

ED Decision 2023/013/R

ACCESS TO APPLICABLE DESIGN DATA

(a) If the declarant of a declaration of design compliance and the natural or legal person that plans to issue the statement of conformity or the authorised release certificate are the same entity, then access to the relevant design data is considered to have been granted without any need for a formal arrangement or contract.

(b) If the declarant of a declaration of design compliance and the natural or legal person that plans to issue the statement of conformity or the authorised release certificate are different entities, then access to the relevant design data should be formalised. This can be achieved by establishing a contract or arrangement between the two entities in which the declarant of a declaration of design compliance identifies the applicable design data and commits to transfer (or otherwise ensure access to) this data to the natural or legal person that plans to issue the statement of conformity or the authorised release certificate.

Note 1: The applicable design data is that identified according to point 21L.A.46 for the respective aircraft, engine, propeller, or part thereof.

Note 2: To formalise the access to applicable design data, the two entities may use GM1 21L.A.122(c) as guidance, customised to their specific needs.

21L.A.273 Production control system

Regulation (EU) 2022/1358

A natural or legal person issuing a statement of conformity (EASA Form 52B) or an authorised release certificate (EASA Form 1) with the applicable declared design data of an aircraft, engine or propeller, or a part thereof, that they have produced, shall establish, implement and maintain a system for controlling production that:

(a) includes processes and procedures that ensure that the aircraft, engine or propeller, and any part thereof, conforms with the applicable declared design data;

(b) ensures that each statement of conformity (EASA Form 52B) or authorised release certificate (EASA Form 1) is only signed by authorised persons;

(c) if flight tests are necessary within the scope of production, has processes in place that ensure that any flight tests are conducted in a safe manner;

(d) ensures that the natural or legal person is in receipt of all the necessary airworthiness and environmental compatibility data to determine conformity;

(e) has procedures in place that ensure that the airworthiness and environmental compatibility data is correctly incorporated in its production data, kept up to date and made available to all the personnel who need access to such data to perform their duties;

(f) includes an inspection system that ensures that any aircraft, engine or propeller, and any part thereof, that are produced by the natural or legal person including their partners, or are supplied from or subcontracted to outside parties, conform with the applicable declared design data and are in a condition for safe operation;

(g) includes an archiving system that records the requirements that have been placed on other organisations such as suppliers and subcontractors. The archived data shall be made available to the competent authority for continuing airworthiness purposes;

(h) ensures that the maintenance of a newly manufactured aircraft is conducted in accordance with the applicable maintenance instructions and that the aircraft is kept in an airworthy condition, and if applicable, a certificate of release to service is issued for any maintenance that has been completed;

(i) includes an internal occurrence reporting system in the interest of safety, to enable the collection and assessment of the occurrence reports collected in accordance with point 21L.A.3 in order to identify adverse trends or to address deficiencies, and to extract reportable occurrences. This system shall include the evaluation of relevant information relating to occurrences and the promulgation of the related information.

GM1 21L.A.273(a);(f) Production control system

ED Decision 2023/013/R

MEANS OF CHECKING OF THE PRODUCTION PROCESSES

The production control system should include appropriate means of checking that production processes, whether performed by the natural or legal person that produce under Subpart R or by subcontractors under its control, are performed in accordance with the applicable production data and ensure:

(a) there is a system for the control and authorised amendment of data provided for the production, inspections and tests to ensure that data is complete and up to date at the point of use;

(b) the availability of personnel with suitable qualifications, experience, and training for each required production, inspection, and test task (special attention should be paid to tasks that require specialised knowledge and skills, e.g. NDT/NDI, welding, etc.);

(c) a working area is provided where the working conditions and environment are controlled as appropriate in respect of cleanliness, temperature, humidity, ventilation, lighting, space/access, protection against noise and pollution; and

(d) the equipment and tools are sufficient to enable all specified tasks to be accomplished in a safe and repeatable manner without any detrimental effects on the items under production; it should be demonstrated that the calibration control of the equipment and tools used complies with, and is traceable to, national or international standards.

GM2 21L.A.273(a);(f) Production control system

ED Decision 2023/013/R

CONFORMITY OF SUPPLIED ITEMS

(a) The natural or legal person that produces under Subpart R is responsible for determining and applying acceptance standards for physical condition, configuration status and conformity of raw materials, subcontracted works, and supplied products or parts, whether to be used in production or delivered to customers as spare parts. This responsibility also includes items of buyer-furnished equipment (BFE).

(b) The following techniques are examples for the production control:

—       first-article inspection of supplied parts, including destruction, if necessary, to verify that the article conforms to the applicable data for the new production line or the new supplier;

—       incoming inspections and tests of supplied parts, materials or equipment that can be satisfactorily inspected on receipt;

—       review of incoming documentation and data relevant to the showing of conformity to be included in the certification documents;

—       any additional work, tests or inspections that may be needed for parts that are to be delivered as spare parts and that are not subject to the checks normally performed during subsequent production or inspection stages.

(c) The natural or legal person that produces under Subpart R may rely upon an EASA Form 1 issued in accordance with Part 21 or Part 21 Light if provided as evidence of conformity with the applicable design data.

(d) For suppliers that do not hold an approval under Part 21 Subpart G (POA) or that have not declared their production capability under Subpart G of this Annex, the inspection system of the natural or legal person that produces under Subpart R should include a system for the control of incoming parts which would allow that natural or legal person to inspect and test such items at the supplier’s facility, if the item cannot or will not be completely inspected upon receipt.

GM3 21L.A.273(a);(f) Production control system

ED Decision 2023/013/R

IDENTIFICATION OF INCOMING MATERIALS AND PARTS

The natural or legal person that produces under Subpart R should inspect all parts and materials supplied from external parties to ascertain that:

—      they are identified;

—      they have not been damaged during transport or unpacking;

—      the incoming parts and materials have the appropriate and correct accompanying documentation; and

—      the configuration and condition of the parts and materials are as laid down in the applicable design data.

Only upon completion of these checks and of any incoming further verifications laid down in the procurement specification, the natural or legal person that produces under Subpart R may accept the parts or materials for warehousing and used in production.

This acceptance should be certified by an inspection statement.

A suitable recording system should allow reconstruction at any time of the history of every material or part.

The areas where the incoming checks are carried out and the materials or parts are stored pending completion of the checks should be physically segregated from other departments.

GM1 21L.A.273(c) Production control system

ED Decision 2023/013/R

TESTS

If relevant, the natural or legal person that produces under Subpart R should perform functional, ground and flight tests of the manufactured products.

The production ground and flight tests for a new aircraft are specified by the declarant of the declaration of design compliance. These tests typically include:

—      a check on the handling qualities;

—      a check on flight performance (using normal aircraft instrumentation);

—      a check on the proper functioning of all aircraft equipment and systems;

—      a determination that all instruments are properly marked, and that all placards and required flight manuals are installed before the flight test;

—      a check of the operational characteristics of the aircraft on the ground; and

—      a check on any other items peculiar to the aircraft being tested.

For production flight-test activities, the natural or legal person that produces under Subpart R may consider establishing a flight test operations manual (FTOM) (refer to AMC1 21L.A.127(b) and to point 21L.A.177(b)).

If the design compliance of the engine is covered by the declaration of the aircraft design compliance, then the declarant of the aircraft design compliance should also provide the specifications for the functional test required for a new engine. These will normally include at least the following:

—      break-in runs that include the determination of fuel and oil consumption and the determination of power characteristics at rated maximum continuous power and, if applicable, at rated take-off power;

—      a period of operation at rated maximum continuous power; for engines that have a rated take-off power, part of that period should be at rated take-off power.

The test equipment used for the test run should be capable of an output determination of accuracy sufficient to assure that the engine output delivered complies with the specified rating and operational limitations.

If the design compliance of the propeller is covered by the declaration of the aircraft design compliance, then the declarant of the aircraft design compliance should also provide the specifications for the functional test required for a new propeller. These will normally include several complete cycles of control throughout the propeller pitch and rotational speed ranges. In addition, for feathering and/or reversing propellers, several cycles of feathering operation and reversing operation from the lowest normal pitch to the maximum reverse pitch should normally be required.

After functional testing, each engine or propeller will need to be inspected to determine that the engine or propeller is in condition for safe operation. Such inspections are specified by the declarant of the aircraft design compliance and are normally including internal inspection and examination.
The degree of internal inspections should normally be determined on the basis of the positive results of previous inspections conducted on the first-produced engine or propeller, and on the basis of in-service experience.

GM1 21L.A.273(e) Production control system

ED Decision 2023/013/R

PROCEDURES FOR THE PRODUCTION DATA

(a) When a natural or legal person that produces under Subpart R develops its own manufacturing data from the design data package delivered by a declarant of design compliance, the procedures should ensure the correct transcription of the original design data.

(b) The procedures should define the manner in which applicable design data is used to issue and update the production/inspection data, which determines the conformity of products and parts. These procedures should also define the traceability of such data to each individual product or part for the purpose of stating the condition for safe operation and for issuing a statement of conformity (EASA Form 52B) or an EASA Form 1.

(c) During execution, all work performed should be accompanied by documentation that gives either directly or by means of appropriate references the description of the work as well as the identification of the personnel in charge of inspection and execution of the tasks for each of the different work phases.

GM1 21L.A.273(f) Production control system

ED Decision 2023/013/R

INSPECTION OF PARTS IN PROCESS

The purpose of the production inspection system is to carry out checks at suitable points during production and provide objective evidence that the correct specifications are used, and that processes are carried out strictly in accordance with those specifications.

During the manufacturing process, each part should be inspected in accordance with an inspection plan that identifies the nature of all inspections required and the production stages at which they occur. The inspection plan should also identify any particular skills or qualifications required for personnel that carry out the inspections (e.g. NDT personnel).

If the parts are such that if damaged, they could compromise the safety of the aircraft, additional inspections for such damages should be performed at the completion of each production stage.

GM1 21L.A.273(g) Production control system

ED Decision 2023/013/R

ARCHIVING SYSTEM

For guidance regarding archiving systems, please refer to GM1 21.A.7(a) and (b).

GM1 21L.A.273(h) Production control system and
21L.A.275(e) Obligations of a natural or legal person issuing a statement of conformity (EASA Form 52B) or an authorised release certificate (EASA Form 1)

ED Decision 2023/013/R

MAINTENANCE ACTIVITIES

Point 21L.A.273(h) requires the natural or legal person that produces under Subpart R to have procedures that cover maintenance activities of new aircraft it has manufactured, as necessary to keep them in an airworthy condition. The natural or legal person that produces under Subpart R should not maintain a newly manufactured aircraft beyond the point at which the applicable operational rules require maintenance to be performed by an approved maintenance organisation (point 21L.A.275(e)). If the production organisation intends to maintain the aircraft beyond that point, it should apply for and obtain an appropriate maintenance approval (see Articles 3 and 4 of Regulation (EU) No 1321/2014).

MAINTENANCE OF AIRCRAFT

Examples of such maintenance activities are the following:

—      preservation, periodic inspection visits, etc.;

—      embodiment of a service bulletin (SB);

—      application of airworthiness directives (ADs);

—      repairs;

—      maintenance tasks resulting from special flights; and

—      maintenance tasks to maintain airworthiness during flight training, demo flights and other non-revenue flights.

Any maintenance activities should be recorded in the aircraft logbook. It should be signed off for attesting the conformity of the work performed with the applicable airworthiness data.

If the aircraft logbook is not available, or if the production organisation prefers to use a separate form (for instance, for a large work package or for delivery of the aircraft to the customer), the production organisation should use EASA Form 53B which should subsequently become part of the aircraft maintenance records.

21L.A.274 Issuance of a statement of conformity (EASA Form 52B) or an authorised release certificate (EASA Form 1)

Regulation (EU) 2022/1358

(a) When issuing a statement of conformity (EASA Form 52B) or an authorised release certificate (EASA Form 1), the natural or legal person shall include all of the following:

1. a statement that the aircraft, engine or propeller, or any part thereof, conforms to the applicable declared design data and is in a condition for safe operation;

2. for each aircraft, a statement that the aircraft has been ground- and flight-checked;

3. for each engine or variable pitch propeller, a statement that the engine or variable pitch propeller has been subjected to a final functional test;

4. if applicable, a statement that the completed engine is in compliance with the applicable engine exhaust emissions requirements in force on the date of production of the engine.

(b) The natural or legal person shall issue a statement of conformity (EASA Form 52B) or an authorised release certificate (EASA Form 1) upon:

1. the initial transfer of the ownership of the aircraft, engine or propeller, or parts thereof; or

2. for aircraft, the application for the issue of the restricted certificate of airworthiness for the aircraft.

GM1 21L.A.274(b) Issuance of a statement of conformity (EASA Form 52B) or an authorised release certificate (EASA Form 1)

ED Decision 2023/013/R

It is the responsibility of the natural or legal person that produce under Subpart R to ensure that each and every product and part conforms with the applicable design data and is in a condition for safe operation before issuing and signing the relevant statement of conformity (EASA Form 52B) or authorised release certificate (EASA Form 1).

During manufacture, the natural or legal person is expected to use the facilities, systems, processes and procedures it has established for fulfilling its obligations under points 21L.A.273 and 21L.A.275.

The competent authority should then inspect and investigate the records, products or parts that are necessary to be satisfied that the aircraft is in conformity with the design for which the design compliance has been declared (see points 21L.B.143 and 21L.B.144).

To enable timely inspection and investigation by the competent authority, the statement of conformity should be prepared and submitted to the competent authority immediately upon the satisfactory completion of the final production inspection and test.

21L.A.275 Obligations of a natural or legal person issuing a statement of conformity (EASA Form 52B) or an authorised release certificate (EASA Form 1)

Regulation (EU) 2022/1358

The natural or legal person issuing a statement of conformity (EASA Form 52B) or an authorised release certificate (EASA Form 1) shall:

(a) inform the competent authority that they intend to produce an aircraft, engine or propeller, or a part thereof, in conformity with the design data of a declaration of design compliance and that they will issue statements of conformity (EASA Form 52B) or authorised release certificates (EASA Form 1) in accordance with this Subpart;

(b) ensure that the details of any completed work are recorded;

(c) maintain, at the place of production, the technical data and drawings necessary to determine whether the aircraft, engine or propeller, or a part thereof, conforms to the applicable declared design data;

(d) provide continuing airworthiness support to the declarant of a declaration of design compliance for any aircraft, engine or propeller, or a part thereof, that they have produced;

(e) for new aircraft that they have produced, ensure that the aircraft is kept in an airworthy condition and that maintenance is performed, unless Regulation (EU) No 1321/2014 requires the maintenance to be performed under such rules, including any necessary repairs in accordance with the applicable design data prior to the issuance of an aircraft statement of conformity (EASA Form 52B);

(f) when issuing a certificate of release to service after such maintenance, determine that each completed aircraft has been subjected to the necessary maintenance and is in a condition for safe operation, prior to issuing the certificate;

(g) undertake the obligations of a natural or legal person issuing statements of conformity (EASA Form 52B) or authorised release certificates (EASA Form 1) of Subpart A of this Annex;

(h) inform the competent authority about the cessation of their activities under this Subpart.

AMC1 21L.A.275(a) Obligations of a natural or legal person issuing a statement of conformity (EASA Form 52B) or an authorised release certificate (EASA Form 1)

ED Decision 2023/013/R

INFORMATION TO THE COMPETENT AUTHORITY — FORMAT

The natural or legal person that issues a statement of conformity (EASA Form 52B) or an authorised release certificate (EASA Form 1) under Subpart R has the obligation to inform the competent authority that it intends to produce an aircraft, engine or propeller, or a part thereof. To comply with this obligation, the form defined below should be used.

 EASA Form 205

GM1 21L.A.275(g) Obligations of a natural or legal person issuing a statement of conformity (EASA Form 52B) or an authorised release certificate (EASA Form 1)

ED Decision 2023/013/R

APPLICABLE SUBPART A REQUIREMENTS

The following requirements in Subpart A are applicable to a natural or legal person that issues a statement of conformity (EASA Form 52B) or an authorised release certificate (EASA Form 1):

—      points 21L.A.3(b), (c), (d), (e) and (f) Reporting system

—      point 21L.A.5 Collaboration between design and production

—      point 21L.A.6(b) Marking

—      point 21L.A.7(b) Record-keeping

—      point 21L.A.10 Access and investigation

—      point 21L.A.11 Findings and observations

—      point 21L.A.12 Means of compliance