COMMISSION DELEGATED REGULATION (EU) 2024/1108 of 13 March 2024 amending Regulation (EU) No 748/2012 as regards the initial airworthiness of unmanned aircraft systems subject to certification and Delegated Regulation (EU) 2019/945 as regards unmanned aircraft systems and third-country operators of unmanned aircraft systems

COMMISSION DELEGATED REGULATION (EU) 2024/1108

of 13 March 2024

amending Regulation (EU) No 748/2012 as regards the initial airworthiness of unmanned aircraft systems subject to certification and Delegated Regulation (EU) 2019/945 as regards unmanned

aircraft systems and third-country operators of unmanned aircraft systems

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1) and in particular Article 58(1) and point (d) of Article 61(1) thereof,

Whereas:

(1) Article 56 of Regulation (EU) 2018/1139 on the compliance of unmanned aircraft, considering the nature of and risk entailed by unmanned aircraft operations, establishes that, depending on such risk and nature, a certificate may be required for the design, production and maintenance of unmanned aircraft and their engines, propellers, parts, non-installed equipment and equipment to control them remotely.

(2) In accordance with Article 56 of Regulation (EU) 2018/1139, Article 40 of Commission Delegated Regulation (EU) 2019/945 (2) lays down the requirements for the certification of unmanned aircraft systems.

(3) Point (b) of Article 58(1) of Regulation (EU) 2018/1139 provides that the conditions and procedures for issuing the certificate required under Article 55 of that Regulation may be based on, or consist of, the essential requirements for the design as set out in Annex IX of Regulation (EU) 2018/1139 and environmental performance requirements set out in Annex III of the same Regulation.

(4) Commission Regulation (EU) No 748/2012 (3) laying down requirements for the design and production of civil aircraft, as well as of engines, propellers and parts to be installed therein, should be adapted to address the specificities of unmanned aircraft systems.

(5) Such specificities include the equipment to control unmanned aircraft remotely, as defined by Article 3 of Regulation (EU) 2018/1139. That equipment is defined as ‘control and monitoring unit’ by Commission Implementing Regulation (EU) 2024/1110 (4).

(6) The safe operations of unmanned aircraft that are subject to certification requires the control and monitoring unit to be subject to the same procedures under which certificates are issued for unmanned aircraft, determining that the same certification process applies to unmanned aircraft systems since they are composed of the unmanned aircraft and its control and monitoring unit.

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(1) OJ L 212, 22.8.2018, p. 1. (2) Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of

unmanned aircraft systems (OJ L 152, 11.6.2019, p. 1, ELI: http://data.europa.eu/eli/reg_del/2019/945/oj). (3) Commission Regulation (EU) No 748/2012 of 3 August 2012 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 (recast) (OJ L 224, 21.8.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/748/oj).

(4) Commission Implementing Regulation (EU) 2024/1110 of 10 April 2024 amending Regulation (EU) No 748/2012 as regards the initial airworthiness of unmanned aircraft systems subject to certification and Implementing Regulation (EU) 2019/947 as regards the rules and procedures for the operation of unmanned aircraft (OJ L, 2024/1110, 17.5.2024, ELI: http://data.europa.eu/eli/reg_impl/ 2024/1110/oj).

(7) Lighter-than-air unmanned aircraft systems pose an intrinsic risk to third parties, albeit lower than other unmanned aircraft configurations, and therefore may be operated without the need to issue a certificate for the design.

(8) The verification of the design of unmanned aircraft systems specifically designed or modified for research, experimental or scientific purposes may be conducted without the need to issue a type certificate because they are typically operated in lower risk environment.

(9) The continuing airworthiness of unmanned aircraft systems for which a type certificate is required should comply with Commission Delegated Regulation (EU) 2024/1107 (5), while compliance is not required for those unmanned aircraft systems that are intended to be used in operations for which a type certificate is not mandated in accordance with point (d) of Article 40(1) of Regulation (EU) 2019/945, even if the manufacturer has elected to apply for it.

(10) In order to provide stakeholders with sufficient time to ensure compliance with the new framework for the initial airworthiness of certified unmanned aircraft systems (UAS), this Regulation shall apply from 1 May 2025,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EU) No 748/2012

Regulation (EU) No 748/2012 is amended as follows:

(1) the title is replaced by the following:

‘Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification or declaration of compliance of aircraft and related products, parts, appliances, control and monitoring units and control and monitoring unit components, as well as for the capability requirements of design and production organisations (recast)’;

(2) Article 1 is amended as follows:

(a) paragraph 1 is amended as follows:

(i) the introductory sentence is replaced by the following:

‘This Regulation lays down, in accordance with Articles 19, 58 and 62 of Regulation (EU) 2018/1139 (*), common technical requirements and administrative procedures for the airworthiness and environmental certification or declaration of compliance of products, parts, appliances, control and monitoring units and control and monitoring unit components specifying:

_____________ (*) Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on

common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1139/oj)’;

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(5) Commission Delegated Regulation (EU) 2024/1107 of 13 March 2024 supplementing Regulation (EU) 2018/1139 of the European Parliament and of the Council by laying down detailed rules for the continuing airworthiness of certified unmanned aircraft systems and their components, and on the approval of organisations and personnel involved in these tasks (OJ L, 2024/1107, 17.5.2024, ELI: http://data.europa.eu/eli/ reg_del/2024/1107/oj).

(ii) points (f) and (g) are replaced by the following:

‘(f) the identification of products, parts, appliances, control and monitoring units and control and monitoring unit components;

(g) the certification of certain parts, appliances and control and monitoring unit components;’;

(b) paragraph 2 is amended as follows:

(i) points (c) and (d) are replaced by the following:

‘(c) ‘Part 21’ means the requirements and procedures for the certification of aircraft and related products, parts, appliances, control and monitoring units and control and monitoring unit components, and of design and production organisations laid down in Annex I to this Regulation;

(d) ‘Part 21 Light’ means the requirements and procedures for the certification or declaration of design compliance of aircraft other than unmanned aircraft intended primarily for sports and recreational use and of related products and parts, and declaration of design and production capability of organisations laid down in Annex Ib (Part 21 Light) to this Regulation;’;

(ii) point (f) is replaced by the following:

‘(f) ‘article’ means any part and appliance to be used on civil aircraft and any control and monitoring unit component;’;

(iii) point (h) is replaced by the following:

‘(h) ‘EPA’ stands for European Part Approval. The European Part Approval of an article means that the article has been produced in accordance with approved design data not belonging to the type- certificate holder of the related product and control and monitoring unit, except for ETSO articles;’;

(iv) the following points (l), (m), (n), (o) and (p) are added:

‘(l) ‘control and monitoring unit (CMU)’ means the equipment to control and monitor unmanned aircraft remotely, as defined in Article 3(32) of Regulation (EU) 2018/1139;

(m) ‘control and monitoring unit component’ means any element of the control and monitoring unit;

n) ‘control and monitoring unit installation’ means the process to integrate the control and monitoring unit components in a physical environment eligible for that purpose according to a set of installation and testing instructions, such that the installed control and monitoring unit can be used to operate an unmanned aircraft;

(o) ‘unmanned aircraft system (UAS)’ means an unmanned aircraft, as defined in Article 3(30) of Regulation (EU) 2018/1139, and its control and monitoring unit;

(p) ‘VTOL-capable aircraft’ (VCA) means a power-driven, heavier-than-air aircraft other than aeroplane or rotorcraft, capable of performing vertical take-off and landing by means of lift and thrust units used to provide lift during the take-off and landing.’;

(3) Article 2 is amended as follows:

(1) the heading is replaced by the following:

‘Certification of products, parts, appliances, control and monitoring unit and control and monitoring unit components’

(2) paragraph 1 is replaced by the following:

‘1. Products, parts, appliances, control and monitoring units and control and monitoring unit components shall be issued with certificates as specified in Annex I (Part 21).’;

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(3) in paragraph 2, the introductory sentence is replaced by the following:

‘By way of derogation from paragraph 1, certificates may be alternatively issued as specified in Annex I (b) (Part 21 Light) for the following products other than unmanned aircraft:’;

(4) in paragraph 3, the introductory sentence is replaced by the following:

‘By way of derogation from paragraphs 1 and 2, a declaration of design compliance may alternatively be made, as specified in Annex Ib (Part 21 Light), for the following products other than unmanned aircraft:’;

(4) Article 8 is amended as follows:

(1) paragraph 1 is replaced by the following:

‘1. An organisation responsible for the design of products, parts, appliances, control and monitoring units and control and monitoring unit components, or for changes or repairs thereto, shall demonstrate its capability in accordance with Annex I (Part 21).’;

(2) in paragraph 5, the introductory sentence is replaced by the following:

‘By way of derogation from paragraph 1, an organisation whose principal place of business is in a non-Member State may demonstrate its capability by holding a certificate issued by that State for the product, part, appliance, control and monitoring unit and control and monitoring unit component for which it applies in accordance with Annex I (Part 21), provided:’;

(5) Article 9 is amended as follows:

(1) paragraphs 1 and 2 are replaced by the following:

‘1. An organisation responsible for the manufacture of products, parts, appliances, control and monitoring units and control and monitoring unit components shall demonstrate its capability in accordance with Annex I (Part 21). This demonstration of capability is not required for the parts, appliances or control and monitoring unit components that an organisation manufactures which, in accordance with Annex I (Part 21), are eligible for installation in a type-certified product without the need to be accompanied by an authorised release certificate (EASA Form 1).t

2. By way of derogation from paragraph 1, a manufacturer whose principal place of business is in a non- Member State may demonstrate its capability by holding a certificate issued by that State for the product, part, appliance, control and monitoring unit and control and monitoring unit component for which it applies, provided that both of the following conditions are fulfilled:

(a) that State is the State of manufacture;

(b) the Agency has determined that the system of that State includes the same independent level of checking of compliance as provided for by this Regulation, either through an equivalent system of approvals of organisations or through direct involvement of the competent authority of that State.’;

(2) in paragraph 8, point (a) is replaced by the following:

‘(a) the manufacture of parts, appliances and control and monitoring unit components that are eligible, in accordance with Annex I (Part 21), for installation in a type-certified product without the need to be accompanied by an authorised release certificate (EASA Form 1);’;

(6) Annex I (Part 21) is amended in accordance with Annex I to this Regulation.

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Article 2

Amendments to Delegated Regulation (EU) 2019/945

Delegated Regulation (EU) 2019/945 is amended as follows:

(1) Article 3 is amended as follows:

(a) point (3) is replaced by the following:

‘(3) ‘unmanned aircraft system’ (‘UAS’) means an unmanned aircraft, as defined in Article 3 point (30) of Regulation (EU) 2018/1139 (*), and its control and monitoring unit;

_____________ (*) Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common

rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1, ELI: http://data.europa.eu/ eli/reg/2018/1139/oj)’;

(b) point (38) is replaced by the following:

‘(38) ‘control and monitoring unit’ (‘CMU’) means the equipment to control and monitor unmanned aircraft remotely, as defined in Article 3 point (32) of Regulation (EU) 2018/1139;’;

(c) point (39) is replaced by the following:

‘(39) ‘C2 link’ means the data link between the unmanned aircraft and the CMU for the purposes of managing the flight;’;

(2) Article 40 is amended as follows:

(a) paragraph 1 is replaced by the following:

‘1. The design, production and maintenance of UAS that meets any of the following conditions shall be certified:

(a) it has a characteristic dimension of 3 m or more, and is designed to be operated over assemblies of people unless the UA is lighter than air;

(b) it is designed for transporting people;

(c) it is designed for the purpose of transporting dangerous goods and requiring a high level of robustness to mitigate the risks to third parties in case of an accident;

(d) it is intended to be used in the ‘specific’ category of operations as defined in Article 5 of Implementing Regulation (EU) 2019/947 and the competent authority has concluded, in accordance with Article 12(1) of Regulation (EU) 2019/947, on the basis of the risk assessment conducted by UAS operator in accordance with Article 11 of that Regulation, that the risk of the operation cannot be adequately mitigated without the certification of the UAS.’;

(b) the following paragraph 1a is inserted:

‘1a. Paragraph 1 does not apply to UAS that are specifically designed or modified for research, experimental or scientific purposes, and are likely to be produced in very limited numbers. The operation of such UAS will be subject to a permit to fly in accordance with Subpart B of Annex I of Regulation (EU) No 748/2012.’;

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(c) paragraph 2 is replaced by the following:

‘2. An UAS that meets the conditions specified in paragraph 1 shall comply with the applicable requirements laid down in Commission Regulation (EU) No 748/2012 (*), Commission Regulation (EU) 2015/640 (**) and Commission Delegated Regulation (EU) 2024/1107 (***).

_____________ (*) Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the

airworthiness and environmental certification or declaration of compliance of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (recast) (OJ L 224, 21.8.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/748/oj).

(**) Commission Regulation (EU) 2015/640 of 23 April 2015 on additional airworthiness specifications for a given type of operations and amending Regulation (EU) No 965/2012 (OJ L 106, 24.4.2015, p. 18, ELI: http://data.europa.eu/eli/reg/2015/640/oj).

(***) Commission Delegated Regulation (EU) 2024/1107 of 13 March 2024 supplementing Regulation (EU) No 2018/1139 of the European Parliament and of the Council by laying down detailed rules for the continuing airworthiness of certified unmanned aircraft systems and their components, and on the approval of organisations and personnel involved in these tasks (OJ L, 2024/1107, 17.5.2024, ELI: http://data.europa.eu/eli/reg_del/2024/1107/oj).’;

(d) the following paragraph 2a is inserted:

‘2a. UAS certified for reasons other than those specified in paragraph 1 shall comply with the applicable requirements laid down in Regulation (EU) No 748/2012 and in Regulation (EU) 2015/640.’;

(3) the Annex is amended in accordance with Annex II to this Regulation.

Article 3

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 May 2025.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 March 2024.

For the Commission The President

Ursula VON DER LEYEN

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ANNEX I

Annex I to Regulation (EU) No 748/2012 is amended as follows:

(1) the title of Part 21 is replaced by the following:

‘Certification of aircraft and related products, parts, appliances, control and monitoring units and control and monitoring unit components, and of design and production organisations’;

(2) the table of contents (‘Contents’) is amended as follows:

(a) the title of point 21.A.2 is replaced by the following:

‘21.A.2 Undertaking by a person other than the applicant for, or holder of, a certificate’;

(b) the title of point 21.A.35 is replaced by the following:

‘Flight tests’;

(c) the title of point 21.A.115 is replaced by the following:

‘21.A.115 Requirements for the approval of major changes in the form of a supplemental type certificate’;

(d) the title of point 21.A.128 is replaced by the following:

‘21.A.128 Tests: engines, propellers, and control and monitoring units (CMUs)’;

(e) The title of Subpart K in Section A is replaced by the following:

‘SUBPART K — PARTS, APPLIANCES, AND CONTROL AND MONITORING UNIT (CMU) COMPONENTS’;

(f) the title of point 21.A.303 is replaced by the following:

‘21.A.303 Compliance with the applicable requirements’;

(g) the title of point 21.A.305 is replaced by the following:

‘21.A.305 Approval of parts, appliances, and control and monitoring unit (CMU) components’;

(h) the following new title of point 21.A.308 is added:

‘21.A.308 Eligibility of a component for installation on a control and monitoring unit (CMU)’;

(i) the title of Subpart Q in Section A is replaced by the following:

‘SUBPART Q — IDENTIFICATION OF PRODUCTS, PARTS, APPLIANCES, CONTROL AND MONITORING UNITS (CMUs) AND CMU COMPONENTS’;

(j) the title of point 21.A.801 is replaced by the following:

‘21.A.801 Identification of products and control and monitoring units (CMUs)’;

(k) the title of point 21.A.804 is replaced by the following:

‘21.A.804 Identification of parts, appliances and control and monitoring unit (CMU) components’;

(l) the title of Subpart K in Section B is replaced by the following:

‘SUBPART K — PARTS, APPLIANCES AND CONTROL AND MONITORING UNIT (CMU) COMPONENTS’;

(m) the title of Subpart Q in Section B is replaced by the following:

‘SUBPART Q — IDENTIFICATION OF PRODUCTS, PARTS, APPLIANCES, CONTROL AND MONITORING UNITS (CMUs) AND CMU COMPONENTS’;

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(3) point 21.A.2 is replaced by the following:

‘21.A.2 Undertaking by a person other than the applicant for, or holder of, a certificate

The actions and obligations required to be undertaken by the applicant for, or holder of, a certificate for a product, part, appliance, control and monitoring unit (CMU) or CMU component under this Section may be undertaken on their behalf by any other natural or legal person, provided the applicant for, or holder of, that certificate can show that they have made an agreement with the other person to ensure that the certificate holder’s obligations are and will be properly discharged.’;

(4) point 21.A.3A is amended as follows:

(a) point (a) is replaced by the following:

‘(a) Without prejudice to Regulation (EU) No 376/2014 of the European Parliament and of the Council (*) and its delegated and implementing acts, all natural or legal persons that have applied for or hold a type- certificate, restricted type-certificate, supplemental type-certificate, European Technical Standard Order (ETSO) authorisation, major repair design approval or any other relevant approval deemed to have been issued under this Regulation shall:

1. establish and maintain a system for collecting, investigating and analysing occurrence reports in order to identify adverse trends or to address deficiencies and to extract occurrences whose reporting is mandatory in accordance with point 3 and those which are reported voluntarily. When the principal place of business is located in a Member State, a single system may be established to meet the requirements of Regulation (EU) No 376/2014 of the European Parliament and of the Council and its implementing acts and of Regulation (EU) 2018/1139 and its delegated and implementing acts. The reporting system shall include:

(i) reports of and information related to failures, malfunctions, defects or other occurrences which cause or might cause adverse effects on the continuing airworthiness of the product, part, appliance, UAS, CMU or CMU component covered by the type-certificate, restricted type-certificate, supplemental type-certificate, ETSO authorisation, major repair design approval or by any other relevant approval deemed to have been issued under this Regulation;

(ii) errors, near misses and hazards that do not fall under point (i);

2. make available to known operators of the product, part, appliance, UAS, CMU or CMU component and, on request, to any person authorised under other implementing or delegated acts the information about the system established in accordance with point 1, and on how to provide reports of and information related to failures, malfunctions, defects or other occurrences referred to in point l(i);

3. report to the Agency any failure, malfunction, defect or other occurrence of which it is aware and is related to a product, part, appliance, UAS, CMU or CMU component covered by the type-certificate, restricted type-certificate, supplemental type-certificate, ETSO authorisation, major repair design approval or by any other relevant approval deemed to have been issued under this Regulation, and which has resulted or may result in an unsafe condition.

_____________ (*) Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the

reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ L 122, 24.4.2014, p. 18).’;

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(b) point (b) is replaced by the following:

‘(b) Without prejudice to Regulation (EU) No 376/2014 and its delegated and implementing acts, any natural or legal person that holds or has applied for a production organisation approval certificate under Subpart G of this Section, or that produces a product, part, appliance, UAS, CMU or CMU component under Subpart F of this Section, shall:

1. establish and maintain a system for collecting and assessing occurrence reports, including reports on errors, near misses and hazards, in order to identify adverse trends or to address deficiencies and extract occurrences whose reporting is mandatory in accordance with points 2 and 3 of this point and those which are reported voluntarily. For organisations that have their principal place of business in a Member State, a single system may be established to meet the requirements of Regulation (EU) No 376/2014 and its implementing acts and of Regulation (EU) 2018/1139 and its delegated and implementing acts;

2. report to the responsible design approval holder all the cases where products, parts, appliances, UAS, CMUs or CMU components have been released by the production organisation and possible deviations from the applicable design data have been subsequently identified, and investigate with the design approval holder to identify those deviations which could lead to an unsafe condition;

3. report to the competent authority of the Member State responsible in accordance with point 21.1 and the Agency the deviations that have been identified in accordance with point 21.A.3A(b)2 and which could lead to an unsafe condition;

4. if the production organisation acts as a supplier to another production organisation, also report to that other organisation all the cases where it has released products, parts, appliances, UAS, CMUs or CMU components to that organisation and the possible deviations from the applicable design data that have been subsequently identified.’;

(5) point 21.A.3B is replaced by the following:

‘21.A.3B Airworthiness directives

(a) An airworthiness directive means a document issued or adopted by the Agency which mandates actions to be performed on an aircraft or on a CMU to restore an acceptable level of safety, when evidence shows that the safety level of the aircraft, UAS or CMU may otherwise be compromised.

(b) The Agency shall issue an airworthiness directive when:

1. an unsafe condition has been determined by the Agency to exist in an aircraft, a UAS or a CMU, as a result of a deficiency in the aircraft, or an engine, propeller, part or appliance installed on this aircraft, or as a result of a deficiency in the CMU or the CMU component; and

2. that condition is likely to exist or develop in other aircraft, UAS or CMUs.

(c) When an airworthiness directive has to be issued by the Agency to correct the unsafe condition referred to in point (b), or to require the performance of an inspection, the holder of the type-certificate, restricted type- certificate, supplemental type-certificate, major repair design approval, ETSO authorisation or any other relevant approval deemed to have been issued under this Regulation, shall:

1. propose the appropriate corrective action or required inspections, or both, and submit details of these proposals to the Agency for approval; and

2. following the approval by the Agency of the proposals referred to in point 1, make available to all known operators or owners of the product, part, appliance, UAS, CMU or CMU component and, on request, to any person required to comply with the airworthiness directive, appropriate descriptive data and accomplishment instructions.

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(d) An airworthiness directive shall contain at least the following information:

1. an identification of the unsafe condition;

2. an identification of the affected aircraft or CMU;

3. the action(s) required;

4. the compliance time for the required action(s);

5. the date of entry into force of the airworthiness directive.’;

(6) in point 21.A.4, point (b) is replaced by the following:

‘(b) the proper support of the continued airworthiness of the product, part, appliance, UAS, CMU or CMU component.’;

(7) in point 21.A.5, points (a), (b) and (c) are replaced by the following:

‘(a) when they design a product, part, appliance, UAS, CMU or CMU component, or changes or repairs thereto, establish a record-keeping system and maintain the relevant design information/data; that information/data shall be made available to the Agency in order to provide the information/data that is necessary to ensure the continued airworthiness of the product, part, appliance, UAS, CMU or CMU component, the continued validity of the operational suitability data, and compliance with the applicable environmental protection requirements;

(b) when they produce a product, part, appliance, CMU or CMU component, record the details of the production process relevant to the conformity of the product, part, appliance, CMU or CMU component with the applicable design data, and the requirements imposed on their partners and suppliers, and make that data available to their competent authority in order to provide the information that is necessary to ensure the continuing airworthiness of the product, part, appliance, UAS, CMU or CMU component;

(c) with regard to permits to fly:

1. maintain the documents that are produced to establish and justify the flight conditions, and make them available to the Agency and to their competent authority of the Member State in order to provide the information that is necessary to ensure the continued airworthiness of the aircraft, the UAS and the CMU;

2. when they issue a permit to fly under the privilege of approved organisations, maintain the documents associated with it, including inspection records and documents that support the approval of the flight conditions and the issuance of the permit to fly itself, and make them available to the Agency and to their competent authority of the Member State responsible for the oversight of the organisation in order to provide the information that is necessary to ensure the continued airworthiness of the aircraft, the UAS and the CMU;’;

(8) point 21.A.6 is replaced by the following:

‘21.A.6 Manuals

The holder of a type-certificate, restricted type-certificate, or supplemental type-certificate shall:

‘(a) produce, maintain and update master copies of all manuals or variations in the manuals required by the applicable type-certification basis, the applicable operational suitability data certification basis and the applicable environmental protection requirements for the product, UAS, CMU or article, and provide copies, on request, to the Agency;

(b) for unmanned aircraft, determine whether the installation of a CMU in a physical environment is necessary, and provide the operator with all the necessary instructions for the installation of the CMU and for its installation to be released in accordance with Annex I (Part-ML.UAS) to Commission Delegated Regulation (EU) 2024/1107’;

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(9) points 21.A.7 is replaced by the following:

‘21.A.7 Instructions for continued airworthiness

‘(a) The holder of a type-certificate, restricted type-certificate, supplemental type-certificate, design change or repair design approval shall develop or reference the instructions which are necessary for ensuring that the airworthiness standard related to the aircraft, the UAS and the CMU type and any associated part or CMU component is maintained throughout the operational life of the aircraft or the UAS, when demonstrating compliance with the applicable type-certification basis established and notified by the Agency in accordance with point 21.B.80.

(b) At least one set of complete instructions for continued airworthiness shall be provided by the holder of:

1. a type-certificate or restricted type-certificate to each known owner of one or more products, UAS or CMUs upon their delivery or upon the issuance of the first certificate of airworthiness or restricted certificate of airworthiness for the affected aircraft, whichever occurs later;

2. a supplemental type-certificate or design change approval to all known operators of the product, the UAS or the CMU affected by the change upon the release to service of the modified product or modified CMU;

3. a repair design approval to all known operators of the product or the CMU affected by the repair upon the release to service of the product or the CMU in which the repair design is embodied; the repaired product, part, appliance, CMU or CMU component may be released into service before the related instructions for continued airworthiness have been completed, but this shall be for a limited service period, and in agreement with the Agency.

Thereafter, those design approval holders shall make those instructions available on request to any other person required to comply with those instructions.

(c) By way of derogation from point (b), the type-certificate holder or restricted type-certificate holder may delay the availability of a part of the instructions for continued airworthiness, dealing with long lead accomplishment instructions of a scheduled nature, until after the product or the CMU, or modified product or modified CMU, has entered into service, but shall make those instructions available before the use of this data is required for the product or modified product.

(d) The design approval holder that is required to provide instructions for continued airworthiness in accordance with point (b) shall also make available the changes to those instructions to all known operators of the product, the UAS or the CMU affected by the change and, on request, to any other person required to comply with those changes. That design approval holder shall demonstrate to the Agency, on request, the adequacy of the process of making changes to the instructions for continued airworthiness available in accordance with this point.’;

(10) in point 21.A.9, point (a) is replaced by the following:

‘(a) grant the competent authority access to any facility, product, part, appliance, CMU, CMU component, document, record, data, process, procedure or to any other material in order to review any report, make any inspection, or perform or witness any flight and ground test, as necessary, in order to verify the initial and continued compliance of the organisation with the applicable requirements of Regulation (EU) 2018/1139 and its delegated and implementing acts;’;

(11) point 21.A.11 is replaced by the following:

‘21.A.11 Scope

This Subpart establishes the procedure for issuing type-certificates for products and CMUs and restricted type- certificates for aircraft, and establishes the rights and obligations of the applicants for, and holders of, those certificates.’;

OJ L, 23.5.2024 EN

ELI: http://data.europa.eu/eli/reg_del/2024/1108/oj 11/44

(12) point 21.A.15, is amended as follows:

(a) point (b) is replaced by the following:

‘(b) An application for a type-certificate or restricted type-certificate shall include, as a minimum, preliminary descriptive data of the product, the UAS or the CMU, and the kind of operations for which certification is requested. In addition, it shall include, or be supplemented after the initial application by, a certification programme for the demonstration of compliance in accordance with point 21.A.20, consisting of all of the following:

1. a detailed description of the type design, including all the configurations to be certified;

2. the proposed operating characteristics and limitations;

3. the intended use of the product, the UAS or the CMU, and the kind of operations for which certification is requested;

4. a proposal for the initial type-certification basis, operational suitability data certification basis and environmental protection requirements, prepared in accordance with the requirements and options specified in points 21.B.80, 21.B.82 and 21.B.85;

5. a proposal for a breakdown of the certification programme into meaningful groups of compliance demonstration activities and data, including a proposal for the means of compliance and related compliance documents;

6. a proposal for the assessment of the meaningful groups of compliance demonstration activities and data, addressing the likelihood of an unidentified non-compliance with the type-certification basis, operational suitability data certification basis or environmental protection requirements and the potential impact of that non-compliance on product and UAS safety or environmental protection or on the safety of the CMU. The proposed assessment shall take into account at least the elements set out in points (1) to (4) of point 21.B.100(a). Based on that assessment, the application shall include a proposal for the Agency’s involvement in the verification of the compliance demonstration activities and data;

7. a project schedule including major milestones.’;

(b) point (e) is replaced by the following:

‘(e) An application for a type-certificate or restricted type-certificate for a large aeroplane or a large rotorcraft shall be valid for 5 years and an application for any other type-certificate or restricted type-certificate shall be valid for 3 years, unless the applicant demonstrates at the time of application that its product, UAS or CMU requires a longer period of time to demonstrate and declare compliance and the Agency agrees to that longer period of time.’;

(13) point 21.A.19 is replaced by the following:

‘21.A.19 Changes requiring a new type-certificate

Any natural or legal person proposing a change to a product shall apply for a new type-certificate if the Agency finds that the change in the design, power, thrust, or mass is so extensive that a substantially complete investigation of compliance with the applicable type-certification basis is required.

Any natural or legal person proposing a change to a UAS or a CMU shall apply for a new type-certificate if the Agency finds that the change in the design is so extensive that a substantially complete investigation of compliance with the applicable type-certification basis is required.’;

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(14) in point 21.A.20(d), point 2 is replaced by the following:

‘2. no feature or characteristic has been identified that may make the product, the UAS or the CMU unsafe for the uses for which certification is requested.’;

(15) point 21.A.21 is replaced by the following:

‘21.A.21 Requirements for the issuance of a type certificate or restricted type certificate

(a) In order to be issued with a product or a CMU type certificate, or with an aircraft restricted type certificate for the aircraft that does not meet the essential requirements laid down in Annex II to Regulation (EU) 2018/1139,, the applicant shall:

1. demonstrate its capability in accordance with point 21.A.14;

2. demonstrate compliance in accordance with point 21.A.20;

3. for an aircraft type certificate or restricted type certificate, demonstrate that the engine or propeller, or both, if installed on the aircraft:

(i) has/have a type certificate issued or determined in accordance with this Regulation; or

(ii) is/are compliant with the aircraft type-certification basis established for aircraft other than unmanned aircraft, or with the UAS type-certification basis for unmanned aircraft, and the environmental protection requirements designated and notified by the Agency as necessary to ensure the safe flight of the aircraft;

4. for an unmanned aircraft type certificate or restricted type certificate:

(i) demonstrate compliance with the UAS type-certification basis in accordance with point 21.B.80;

(ii) demonstrate that the CMU has a type certificate issued in accordance with this Regulation, if the CMU has been certified separately from the unmanned aircraft.

(b) By way of derogation from point (a)(2), at the applicant’s request included in the declaration referred to in point 21.A.20(d), the applicant is entitled to have the aircraft type certificate or restricted type certificate issued before the applicant has demonstrated compliance with the applicable operational suitability data certification basis, provided that the applicant demonstrates such compliance before the date on which this data is to be actually used.’;

(16) point 21.A.31 is replaced by the following:

‘21.A.31 Type design

(a) The type design shall consist of:

1. the drawings and specifications, and a listing of those drawings and specifications, necessary to define the configuration and the design features of the product, the UAS or the CMU shown to comply with the applicable type-certification basis and environmental protection requirements;

2. information on the materials and processes and on the methods of manufacture and assembly of the product and the CMU necessary to ensure the conformity of the product and the CMU;

3. an approved airworthiness limitations section of the instructions for continued airworthiness as defined by the applicable certification specifications; and

4. any other data that allows by comparison the determination of the airworthiness and, if relevant, the environmental characteristics of later products andCMUs of the same type.

(b) Each type design shall be adequately identified.’;

OJ L, 23.5.2024 EN

ELI: http://data.europa.eu/eli/reg_del/2024/1108/oj 13/44

(17) in point 21.A.33(b)(1), point (ii) is replaced by the following:

‘(ii) the parts of the products and the CMU components adequately conform to the drawings in the proposed type design; and’;

(18) point 21.A.35 is amended as follows:

(a) point (b) is replaced by the following:

‘(b) The applicant shall perform all flight tests that the Agency finds necessary to determine:

1. compliance with the applicable type-certification basis and environmental protection requirements; and

2. whether there is reasonable assurance that the aircraft, its parts, appliances, the UAS orthe CMU are reliable and function properly for aircraft, UAS and CMUs to be certified under this Annex, except for:

(i) sailplanes, other than unmanned sailplanes, and powered sailplanes, other than unmanned powered sailplanes;

(ii) balloons and airships defined in ELA1 or ELA2;

(iii) aeroplanes, other than unmanned aeroplanes, with a maximum take-off mass (MTOM) of 2 722 kg or less.’;

(b) point (f) is replaced by the following:

‘(f) The flight tests prescribed in point (b)(2) shall include:

1. for aircraft other than unmanned aircraft:

(i) the flight hours that the Agency finds necessary to ensure that its safe operation is demonstrated before the aircraft enters into service and shall be at least 150 hours;

(ii) in particular, for aircraft incorporating turbine engines of a type not previously used in a type- certified aircraft, at least 300 hours of operation with a full complement of engines that conform to a type-certificate;

2. for UAS and CMUs, the flight hours that the Agency finds necessary, considering the degree of complexity of the design of the aircraft and the CMU and their risk on safety, to ensure that their safe operation is demonstrated before the aircraft and the CMU enter into service.’;

(19) point 21.A.41 is replaced by the following:

‘21.A.41 Type-certificate

The type-certificate and restricted type-certificate shall include the type design, the operating limitations, the instructions for continued airworthiness, the type-certificate data sheet for airworthiness and emissions, the applicable type-certification basis and environmental protection requirements with which the Agency records compliance, and any other conditions or limitations prescribed for the product, the UAS orthe CMU in the applicable certification specifications and environmental protection requirements. The aircraft type-certificate and restricted type-certificate shall include in addition the applicable operational suitability data certification basis, the operational suitability data and the type-certificate data sheet for noise. The aircraft type-certificate and restricted type-certificate data sheet shall include the record of CO2 emissions compliance, and the engine type-certificate data sheet shall include the record of exhaust emissions compliance.’;

(20) in point 21.A.90B(a), point 1 is replaced by the following:

‘1. in relation to:

(i) aeroplanes with a maximum take-off mass (MTOM) of 5 700 kg or less;

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(ii) rotorcraft with a MTOM of 3 175 kg or less;

(iii) sailplanes, powered sailplanes, balloons and airships, as defined in ELA1 or ELA2;

(iv) VTOL-capable aircraft with a MTOM of 5 700 kg or less;’;

(21) point 21.A.91 is replaced by the following:

‘21.A.91 Classification of changes to a type certificate

Changes to a type-certificate shall be classified as ‘minor’ and ‘major’. A ‘minor change’ has no appreciable effect on the mass, balance, structural strength, reliability, operational characteristics, operational suitability data, or other characteristics affecting the airworthiness of the product or of the UAS, or its environmental characteristics, or no appreciable effect on the reliability, operational characteristics, or other characteristics affecting the airworthiness of the CMU. Without prejudice to point 21.A.19, all other changes shall be considered ‘major changes’ under this Subpart. Major and minor changes shall be approved in accordance with points 21.A.95 or 21.A.97, as appropriate, and shall be adequately identified.’;

(22) in point 21.A.93, point (b) is replaced by the following:

‘(b) An application shall include, or be supplemented after the initial application by, a certification programme for the demonstration of compliance in accordance with point 21.A.20, consisting of:

1. a description of the change identifying:

(i) the configuration(s) of the product, the UAS or the CMU in the type certificate upon which the change is to be made;

(ii) all areas of the product, the UAS or the CMU in the type certificate, including the approved manuals, which are changed or affected by the change; and

(iii) when the change affects the operational suitability data, any necessary changes to the operational suitability data;

2. an identification of any reinvestigations necessary to demonstrate compliance of the change, and of the areas affected by the change, with the applicable type-certification basis, operational suitability data certification basis and environmental protection requirements; and

3. for a major change to a type certificate:

(i) a proposal for the initial type-certification basis, operational suitability data certification basis and environmental protection requirements, prepared in accordance with the requirements and options specified in point 21.A.101;

(ii) a proposal for a breakdown of the certification programme into meaningful groups of compliance demonstration activities and data, including a proposal for the means of compliance and related compliance documents;

(iii) a proposal for the assessment of the meaningful groups of compliance demonstration activities and data, addressing the likelihood of an unidentified non-compliance with the applicable type- certification basis, operational suitability data certification basis or environmental protection requirements and the potential impact of that non-compliance on product or UAS safety or environmental protection or on the safety of the CMU; the proposed assessment shall take into account at least the elements set out in points (1) to (4) of point 21.B.100(a). Based on that assessment, the application shall include a proposal for the Agency’s involvement in the verification of the compliance demonstration activities and data; and

(iv) a project schedule including major milestones.’;

OJ L, 23.5.2024 EN

ELI: http://data.europa.eu/eli/reg_del/2024/1108/oj 15/44

(23) point 21.A.95 is amended as follows:

(a) in point (b), point 4 is replaced by the following:

‘4. when no feature or characteristic has been identified that may make the product or the CMU unsafe for the uses for which certification is requested.’;

(b) point (d) is replaced by the following:

‘(d) By way of derogation from point (a), at the applicant’s request included in the declaration referred to in point 21.A.20(d), a minor change to an aircraft type-certificate may be approved before compliance with the applicable operational suitability data certification basis has been demonstrated, provided that the applicant demonstrates such compliance before the date on which this data is actually used.’;

(24) in point 21.A.97, point (c) is replaced by the following:

‘(c) By way of derogation from points (2) and (3) of point (b), at the applicant’s request included in the declaration referred to in point 21.A.20(d), a major change to an aircraft type-certificate may be approved before compliance with the applicable operational suitability data certification basis has been demonstrated, provided that the applicant demonstrates such compliance before the date on which this data is actually used.’;

(25) in point 21.A.101, points (a) and (b) are replaced by the following:

‘(a) A major change to a type-certificate and the areas affected by the change shall comply with either the certification specifications applicable to the changed product, UAS or CMU on the date of the application for the change or the certification specifications which became applicable after that date in accordance with point (f). The validity of the application shall be determined in accordance with point 21.A.93(c). In addition, the changed product or the changed UAS shall comply with the environmental protection requirements designated by the Agency in accordance with point 21.B.85.

(b) Except as provided for in point (h), by way of derogation from point (a), an earlier amendment to a certification specification referred to in point (a) and to any other certification specification which is directly related may be used in any of the following situations, unless the earlier amendment became applicable before the date on which the corresponding certification specifications incorporated by reference in the type-certificate became applicable:

1. a change that the Agency does not find to be significant; in determining whether a specific change is significant, the Agency shall consider the change in the context of all previous relevant design changes and all related revisions to the applicable certification specifications incorporated by reference in the type- certificate for the product or the CMU; changes that meet one of the following criteria shall automatically be considered significant:

(i) the general configuration or the principles of construction are not retained;

(ii) the assumptions used for the certification of the product, the UAS or the CMU to be changed do not remain valid;

2. each area, system, part, appliance or CMU component that the Agency finds not to be affected by the change;

3. each area, system, part, appliance or CMU component that is affected by the change for which the Agency finds that compliance with the certification specifications referred to in point (a) does not contribute materially to the level of safety of the changed product, changed UAS or changed CMU, or is impractical.’;

(26) in point 21.A.108, point (a) is replaced by the following:

‘(a) at least one set of changes to the operational suitability data prepared in accordance with the applicable operational suitability data certification basis to all known EU operators of the changed aircraft, before the operational suitability data must be used by a training organisation or an EU operator; and’;

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(27) point 21.A.115 is amended as follows:

(a) in point (b)(5), point (ii) is replaced by the following:

‘(ii) the type-certificate holder has agreed to collaborate with the supplemental type-certificate holder to ensure the discharge of all the obligations as regards the continued airworthiness of the changed product, changed UAS or the changed CMU through compliance with points 21.A.44 and 21.A.118A.’;

(b) point (c) is replaced by the following:

‘(c) By way of derogation from points (3) and (4) of point (b), at the applicant’s request included in the declaration referred to in point 21.A.20(d), the applicant is entitled to have a supplemental type-certificate for an aircraft issued before the applicant has demonstrated compliance with the applicable operational suitability data certification basis, provided that the applicant demonstrates such compliance before the date on which this data is to be actually used.’;

(28) point 21.A.117 is replaced by the following:

‘21.A.117 Changes to that part of a product covered by a supplemental type-certificate

(a) Minor changes to that part of a product, an UAS or a CMU that is covered by a supplemental type-certificate shall be classified and approved in accordance with Subpart D.

(b) Each major change to that part of a product, an UAS or a CMU that is covered by a supplemental type- certificate shall be approved as a separate supplemental type-certificate in accordance with this Subpart.

(c) By way of derogation from point (b), a major change to that part of a product, an UAS or a CMU that is covered by a supplemental type-certificate submitted by the supplemental type-certificate holder itself may be approved as a change to the existing supplemental type-certificate.’;

(29) in point 21.A.118A(a), point 2 is replaced by the following:

‘2. implicit in the collaboration with the type-certificate holder under point 21.A.115(b)(5)(ii);’;

(30) point 21.A.120B(a) is replaced by the following:

‘(a) at least one set of changes to the operational suitability data prepared in accordance with the applicable operational suitability data certification basis to all known EU operators of the changed aircraft before the operational suitability data is used by a training organisation or an EU operator; and’;

(31) point 21.A.121 is replaced by the following:

‘21.A.121 Scope

(a) This Subpart establishes the procedure for demonstrating conformity with the applicable design data of a product, part, appliance, CMU and CMU component that are intended to be manufactured without a production organisation approval under Subpart G.

(b) This Subpart establishes the obligations of the manufacturer of a product, part, appliance CMU and CMU component manufactured under this Subpart.’;

(32) point 21.A.122 is amended as follows:

(a) the introductory sentence is replaced by the following:

‘Any natural or legal person may apply to show conformity of individual products, parts, appliances, CMUs and CMU components under this Subpart, if:’;

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(b) point (a) is replaced by the following:

‘(a) it holds or has applied for an approval that covers the design of that product, part, appliance, CMU and CMU component; or’;

(33) point 21.A.124 is replaced by the following:

‘21.A.124 Application

(a) Each application for an agreement to the showing of conformity of individual products, parts, appliances, CMUs and CMU components under this Subpart shall be made in a form and manner established by the competent authority.

(b) Such application shall contain:

1. evidence which demonstrates, where applicable, that:

(i) the issuance of a production organisation approval under Subpart G would be inappropriate; or

(ii) the certification or approval of a product, part, appliance, UAS, CMU or CMU component under this Subpart is required pending the issuance of a production organisation approval under Subpart G;

2. an outline of the information required under point 21.A.125A(b).’;

(34) point 21.A.125A is amended as follows:

(a) the introductory sentence is replaced by the following:

‘The applicant shall be entitled to have a letter of agreement issued by the competent authority agreeing to the showing of conformity of individual products, parts, appliances, CMUs or CMU components under this Subpart, after:’;

(b) point (a) is replaced by the following:

‘(a) having established a production inspection system which ensures that each product, part, appliance, CMU or CMU component conforms to the applicable design data and is in a condition for safe operation;’;

(35) in point 21.A.125C(a), point 3 is replaced by the following:

‘3. the production organisation is able to provide the competent authority with evidence showing that it maintains satisfactory control of the manufacture of products, parts, appliances, CMUs or CMU components under the letter of agreement;’;

(36) point 21.A.126 is amended as follows:

(a) point 1 of point (a) is replaced by the following:

‘1. incoming materials and bought or subcontracted parts are as specified in the applicable design data;’;

(b) point 3 of point (a) is replaced by the following:

‘3. processes, manufacturing techniques and methods of assembly affecting the quality and safety of the finished product, part, appliance, UAS, CMU or CMU component are accomplished in accordance with the specifications accepted by the competent authority;’;

(c) point 4 of point (a) is replaced by the following:

‘4. design changes, including material substitution, have been approved under this Annex and controlled before being incorporated in the finished product part, appliance, UAS, CMU or CMU component.’;

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(d) points 4 and 5 of point (b) are replaced by the following:

‘4. rejected materials and parts are segregated and identified in a manner that precludes their installation in the finished product, part, appliance, CMU or CMU component;

5. materials and parts that are withheld because of deviations from type design or production specifications, and that are to be considered for installation in the finished product, part, appliance, CMU or CMU component are subjected to an approved engineering and manufacturing review procedure; those materials and parts that have been found in that procedure to be serviceable shall be properly identified and reinspected if it is necessary to be reworked or repaired; materials and parts rejected in that procedure shall be marked and disposed of to ensure that they are not incorporated in the final product;’;

(37) point 21.A.128 is replaced by the following:

‘21.A.128 Tests: engines, propellers, and control and monitoring units (CMUs)

Each manufacturer of engines, propellers or CMUs manufactured under this Subpart shall subject each engine, variable pitch propeller, or CMU to an acceptable functional test as specified in the type-certificate holder’s documentation, to determine whether it operates properly throughout the range of operation for which it is type certified, as a means of establishing relevant aspects of compliance with point 21.A.125A(a).’;

(38) point 21.A.129 is replaced by the following:

‘21.A.129 Obligations of the production organisation

Each manufacturer of a product, part, appliance, CMU or CMU component manufactured under this Subpart shall:

(a) make each product, part, appliance, CMU or CMU component available for inspection by the competent authority;

(b) maintain at the place of manufacture the technical data and drawings necessary to determine whether the product, part, appliance, CMU or CMU component conforms to the applicable design data;

(c) maintain the production inspection system which ensures that each product, part, appliance, CMU or CMU component conforms to the applicable design data and is in a condition for safe operation;

(d) provide assistance to the holder of the type-certificate, restricted type-certificate or design approval in dealing with any continuing airworthiness actions that are related to the products, parts, appliances, CMUs or CMU components that have been produced;

(e) comply with Subpart A of this Section.’;

(39) point 21.A.130 is replaced by the following:

‘21.A.130 Statement of conformity

(a) Each manufacturer of a product, part, appliance, CMU or CMU component manufactured under this Subpart shall present a statement of conformity, an EASA Form 52 (see Appendix VIII), for complete aircraft, or an EASA Form 1 (see Appendix I), for other products, parts or appliances, CMUs or CMU components. This statement shall be signed by an authorised person who holds a responsible position in the manufacturing organisation.

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(b) A statement of conformity shall include all of the following:

1. for each product, part, appliance, CMU or CMU component, a statement that the product, part, appliance, CMU or CMU component conforms to the approved 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 in accordance with point 21.A.127(a);

3. for each engine, variable pitch propeller or CMU, a statement that the engine, variable pitch propeller or CMU has been subjected by the manufacturer to a final functional test in accordance with point 21.A.128;

4. additionally, in the case of environmental protection requirements:

(i) a statement that the completed engine is in compliance with the applicable engine exhaust emissions requirements on the date of manufacture of the engine; and

(ii) a statement that the completed aeroplane is in compliance with the applicable CO2 emissions requirements on the date its first certificate of airworthiness is issued.

(c) Each manufacturer of a product, part, appliance, CMU or CMU component referred to in point (a) shall present a current statement of conformity for validation by the competent authority in any of the following situations:

1. upon the initial transfer by it of the ownership of such a product, part, appliance, CMU or CMU component;

2. upon application for the original issue of an aircraft certificate of airworthiness;

3. upon application for the original issue of an airworthiness release document for an engine, a propeller, a part, an appliance, a CMU and a CMU component.

(d) The competent authority shall validate by countersignature the statement of conformity if it finds after inspection that the product, part, appliance, CMU or CMU component conforms to the applicable design data and is in a condition for safe operation.’;

(40) point 21.A.131 is replaced by the following:

‘21.A.131 Scope

This Subpart establishes:

(a) the procedure for the issuance of a production organisation approval for a production organisation that shows the conformity of products, parts, appliances, CMUs or CMU components with the applicable design data;

(b) the rights and obligations of the applicant for, and holder of, such approvals.’;

(41) point 21.A.139(d) is amended as follows:

(a) point 1 is replaced by the following:

‘1. ensure that each product, part, appliance, CMU or CMU component produced by the organisation or by its partners, or supplied from or subcontracted to outside parties, conforms to the applicable design data and is in a condition for safe operation, thus enabling the exercise of the privileges set out in point 21.A.163;’;

(b) in point 2, point (iii) is replaced by the following:

‘(iii) verifying that incoming products, parts, materials, equipment, CMUs or CMU components, including items supplied new or used by the buyers of the products, are as specified in the applicable design data;’;

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(42) point 21.A.147 is replaced by the following:

‘21.A.147 Changes in the production management system

After the issue of a production organisation approval certificate, each change in the production management system that is significant for the demonstration of conformity or the airworthiness and environmental protection characteristics of the product, part, appliance, UAS, CMU or CMU component shall be approved by the competent authority before being implemented. The production organisation shall submit an application for approval to the competent authority demonstrating that it will continue to comply with this Annex.’;

(43) point 21.A.151 is replaced by the following:

‘21.A.151 Terms of approval

The terms of approval shall identify the scope of work, the products or the categories of parts and appliances, or both, the CMUs or the CMU components, or both, for which the holder is entitled to exercise the privileges under point 21.A.163.

Those terms shall be issued as part of a production organisation approval.’;

(44) in point 21.A.159(a), point 3 is replaced by the following:

‘3. the production organisation is able to provide the competent authority with evidence showing that it maintains satisfactory control of the manufacture of products, parts, appliances, CMUs or CMU components under the approval;’;

(45) point 21.A.163 is amended as follows:

(a) point (b) is replaced by the following:

‘(b) in the case of complete type-certified aircraft and upon presentation, for aircraft and UAS, of a statement of conformity (EASA Form 52) issued under point 21.A.174 and 21.A.204 of this Annex or under points 21L.A.143(c) and 21.L.A163 of Annex Ib (Part 21 Light), obtain an aircraft certificate of airworthiness and a noise certificate without further showing;’;

(b) point (c) is replaced by the following:

‘(c) in the case of other products, parts, appliances, CMUs or CMU components, issue authorised release certificates (EASA Form 1) under Subpart G of this Annex or under Subpart G of Annex Ib (Part 21 Light) without further showing;’;

(46) point 21.A.165 is amended as follows:

(a) point (c) is amended as follows:

(i) point 2 is replaced by the following:

‘2. determine that other products, parts, appliances, CMUs or CMU components are complete and conform to the approved design data and are in a condition for safe operation before issuing an EASA Form 1 to certify their conformity to approved or declared design data and that they are in a condition for safe operation;’;

(ii) point 4 is replaced by the following:

‘4. determine that other products, parts, appliances, CMUs or CMU components conform to the applicable data before issuing an EASA Form 1 as a conformity certificate;’;

(b) point (d) is replaced by the following:

‘(d) provide assistance to the holder of the type-certificate or other design approval or a natural or legal person who made a declaration of design compliance under Subpart C of Section A of Annex Ib (Part 21 Light) in dealing with any continuing airworthiness actions that are related to the products, parts, appliances, UAS, CMUs or CMU components that have been produced;’;

OJ L, 23.5.2024 EN

ELI: http://data.europa.eu/eli/reg_del/2024/1108/oj 21/44

(47) in point 21.A.174, point (b) is replaced by the following:

‘(b) Each application for a certificate of airworthiness or a restricted certificate of airworthiness shall include:

1. the class of the airworthiness certificate for which an application has been made;

2. with regard to new aircraft:

(i) a statement of conformity:

— issued under point 21.A.163(b); or

— issued under point 21.A.130 and validated by the competent authority; or

— for an imported aircraft, a statement of conformity issued under point 21.A.163(b) or, in the case of an aircraft imported in accordance with Article 9(2) of this Regulation, a statement signed by the exporting authority that the aircraft conforms to a design approved by the Agency;

(ii) a weight and balance report with a loading schedule when required by the applicable certification specifications for the particular aircraft; and

(iii) the flight manual, when required by the applicable certification specifications for the particular aircraft;

3. with regard to used aircraft originating from:

(i) a Member State, an airworthiness review certificate issued in accordance with Annex I (Part-M) or Annex Vb (Part-ML) to Commission Regulation (EU) No 1321/2014 (*) or with Annex I (Part-ML.UAS) to Delegated Regulation (EU) 2024/1107;

(ii) a non-Member State:

— a statement by the competent authority of the State where the aircraft is, or was, registered, reflecting the airworthiness status of the aircraft on its register at the time of transfer;

— a weight and balance report with a loading schedule when required by the applicable certification specifications for the particular aircraft;

— the flight manual when such manual is required by the airworthiness codes for the particular aircraft;

— historical records to establish the production, modification and maintenance standards of the aircraft, including all limitations associated with a restricted certificate of airworthiness issued in accordance with point 21.B.327;

— a recommendation for the issuance of a certificate of airworthiness or a restricted certificate of airworthiness and for an airworthiness review certificate pursuant to an airworthiness review in accordance with Annex I (Part-M) to Regulation (EU) No 1321/2014 (*) or an airworthiness review certificate in accordance with Annex Vb (Part-ML) to Regulation (EU) No 1321/2014 or with Annex I (Part-ML.UAS) to Delegated Regulation (EU) 2024/1107;

— the date on which the first certificate of airworthiness was issued and, if the standards of Volume III of Annex 16 to the Chicago Convention apply, the CO2 metric value data.

_____________ (*) Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of

aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 362, 17.12.2014, p. 1).’;

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(48) in point 21.A.179(a)(2), point (i) is replaced by the following:

‘(i) upon presentation of the former certificate of airworthiness and of a valid airworthiness review certificate issued in accordance with Annex I (Part-M) or Annex Vb (Part-ML) of Regulation (EU) No 1321/2014, or Annex I (Part-ML.UAS) to Delegated Regulation (EU) 2024/1107;’;

(49) in point 21.A.239, point (d) is amended as follows:

(a) point 1 is replaced by the following:

‘1. establish, implement and maintain a system for the control and supervision of the design, and of design changes and repairs, of products, parts, appliances, UAS, CMUs or CMU components covered by the terms of approval; that system shall:

(i) include an airworthiness function responsible for ensuring that the design of products, parts, appliances, UAS, CMUs or CMU components or the design changes and repairs, comply with the applicable type-certification basis, the applicable operational suitability data certification basis and the applicable environmental protection requirements;

(ii) ensure that the design organisation properly discharges its responsibilities in accordance with this Annex and with the terms of approval issued under point 21.A.251;’;

(b) point 3 is replaced by the following:

‘3. specify the manner in which the design management system accounts for the acceptability of the parts, appliances, or CMU components that are designed, or the tasks that are performed, by its partners or subcontractors according to the methods which are the subject of written procedures.’;

(50) point 21.A.243 is amended as follows:

(a) in point (a), the first paragraph is replaced by the following:

‘(a) As part of the design management system, the design organisation shall create and provide to the Agency a handbook that describes, directly or by cross reference, the organisation, its relevant policies, processes and procedures, the type of design work, and the categories of products, parts, appliances, UAS, CMUs or CMU components for which the design organisation holds a design organisation approval, as identified in the terms of approval issued in accordance with point 21.A.251 and, where relevant, the interfaces with and the control of its partners or subcontractors.’;

(b) point (b) is replaced by the following:

‘(b) Where any parts, appliances or CMU components or any changes to the products, UAS or CMU are designed by partner organisations or subcontractors, the handbook shall include a statement of how the design organisation is able to demonstrate, for all the parts, appliances, or CMU components, compliance in accordance with point 21.A.239(d)(2), and shall contain, directly or by cross reference, descriptions of and information on the design activities and the organisation of those partner organisations or subcontractors, as necessary to establish the statement.’;

(51) in point 21.A.245(e), point 1 is replaced by the following:

‘1. the staff in all technical departments are of sufficient numbers, have sufficient experience, and have been given the appropriate authority to be able to discharge their allocated responsibilities and the facilities, equipment and accommodation that are adequate to enable the staff to fulfil the airworthiness, operational suitability data and environmental protection requirements as regards the product, the UAS or the CMU;’;

OJ L, 23.5.2024 EN

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(52) point 21.A.247 is replaced by the following:

‘21.A.247 Changes in the design management system

After the issue of a design organisation approval, each change to the design management system that is significant for the demonstration of compliance or for the airworthiness, operational suitability data and environmental protection of the product, part, appliance, UAS, CMU or CMU component shall be approved by the Agency before being implemented. The design organisation shall submit to the Agency an application for approval demonstrating, on the basis of the proposed changes to the handbook, that it will continue to comply with this Annex.’;

(53) point 21.A.251 is replaced by the following:

‘21.A.251 Terms of approval

The terms of approval shall identify the types of design work, the categories of products, parts, appliances, UAS, CMUs or CMU components for which the design organisation holds a design organisation approval, and the functions and duties that the organisation is approved to perform with regard to the airworthiness, operational suitability data and environmental characteristics of the products, UAS or CMUs. For design organisation approvals covering type-certification or European Technical Standard Order (ETSO) authorisation for auxiliary power units (APUs), the terms of approval shall additionally contain the list of products, CMUs or APUs. Those terms shall be issued as part of a design organisation approval.’;

(54) in point 21.A.259(a), point 3 is replaced by the following:

‘3. the design organisation is able to provide the Agency with evidence showing that the design management system of the organisation maintains satisfactory control and supervision of the design of products and CMUs, repairs and changes thereto under the approval;’;

(55) in point 21.A.263, point (c) is amended as follows:

(a) point 5 is replaced by the following:

‘5. to approve certain major repair designs under Subpart M of this Annex to products, CMUs or auxiliary power units (APUs);’;

(b) in point 7, point (i) is replaced by the following:

‘(i) controls the configuration of the aircraft, the UAS or the CMU, and’;

(56) in point 21.A.265, point (c) is replaced by the following:

‘(c) determine that the design of the product, the UAS or the CMU, or of the changes or repairs to them, complies with the applicable type-certification basis, technical specifications concerning the making of declarations, operational suitability data certification basis, and the environmental protection requirements, and have no unsafe features;’;

(57) the title of Subpart K in Section A is replaced by the following:

‘SUBPART K – PARTS, APPLIANCES, AND CONTROL AND MONITORING UNIT (CMU) COMPONENTS’;

(58) point 21.A.301 is replaced by the following:

‘21.A.301 Scope

This Subpart establishes the procedure relating to the approval of parts, appliances and CMU components.’;

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(59) point 21.A.303 is replaced by the following:

‘21.A.303 Compliance with the applicable requirements

The showing of compliance of parts, appliances and CMU components to be installed in a type-certified product, or in a CMU, shall be made:

(a) in conjunction with the type-certification procedures of Subpart B, D or E for the product, UAS or CMU in which it is to be installed; or

(b) where applicable, under the ETSO authorisation procedures of Subpart O; or

(c) in the case of standard parts, in accordance with officially recognised standards.’;

(60) point 21.A.305 is replaced by the following:

‘21.A.305 Approval of parts, appliances, and control and monitoring unit (CMU) components

In all cases where the approval of a part, appliance or CMU component is explicitly required by Union law (1) or taking into account the Agency measures referred to in Article 10 of Regulation (EU) No 748/2012, the part, appliance or CMU component shall comply with the applicable ETSO or with the specifications recognised as equivalent by the Agency in the particular case.’;

(61) the following new point 21.A.308 is inserted:

‘21.A.308 Eligibility of a component for installation in a control and monitoring unit (CMU)

(a) A CMU component that is critical for the intended UAS operation, as determined by the design approval holder and agreed with the Agency, is eligible for installation in a CMU provided it is in a condition for safe operation, is marked in accordance with Subpart Q, and is accompanied by an authorised release certificate (EASA Form 1).

(b) A CMU component which is not deemed critical for the intended UAS operation, as determined by the design approval holder and agreed with the Agency, is eligible for installation in a CMU provided that:

(1) the CMU component is in a condition for safe operation; and

(2) the installer holds a document issued by the person or organisation that has manufactured the CMU component, which declares the name and identification of the component, the conformity of the component with its design data, and contains the issuance date.’;

(62) point 21.A.431A is amended as follows:

(a) point (a) is replaced by the following:

‘(a) This Subpart establishes the procedure for the approval of a repair design of a product, part, appliance, CMU or CMU component, and establishes the rights and obligations of the applicant for, and holder of, that approval.’;

(b) points (c) and (d) are replaced by the following:

‘(c) A ‘repair’ means the elimination of damage and/or restoration to an airworthy condition following the initial release to service by the manufacturer of any product, part, appliance, CMU or CMU component.

(d) The elimination of damage by replacement of parts, appliances or CMU components without the necessity for design activity shall be considered a maintenance task and shall, therefore, require no approval under this Annex.’;

OJ L, 23.5.2024 EN

ELI: http://data.europa.eu/eli/reg_del/2024/1108/oj 25/44

(1) [List of applicable acts to inserted as footnote]

(63) in point 21.A.431B(a), point 1 is replaced by the following:

‘1. in relation to:

(i) aeroplanes with a maximum take-off mass (MTOM) of 5 700 kg or less;

(ii) rotorcraft with a MTOM of 3 175 kg or less;

(iii) sailplanes, powered sailplanes, balloons and airships, as defined in ELA1 or ELA2;

(iv) VTOL-capable aircraft with a MTOM of 5 700 kg or less;’;

(64) in point 21.A.432C(b), point 6 is replaced by the following:

‘6. a proposal for the assessment of the meaningful groups of compliance demonstration activities and data, addressing the likelihood of an unidentified non-compliance with the type-certification basis and the potential impact of that non-compliance on the product, UAS or CMU safety. The proposed assessment shall take into account at least the elements set out in point 21.B.100(a), points 1 to 4. Based on that assessment, the application shall include a proposal for the Agency’s involvement in the verification of the compliance demonstration activities and data; and’;

(65) in point 21.A.433(a), points 3 and 4 are replaced by the following:

‘3. when no feature or characteristic has been identified that may render the product, the UAS or the CMU unsafe for the use for which certification is requested;

4. when the applicant has specified that it has provided certification data on the basis of an arrangement with the owner of the type-certification data in accordance with point 21.A.432C(b)(7):

(i) when the holder has indicated that it has no technical objection to the information submitted under point (a)(2) of this point; and

(ii) when the holder has agreed to collaborate with the repair design approval holder to ensure the discharge of all the obligations with regard to the continued airworthiness of the changed product, changed UAS or changed CMU through compliance with point 21.A.451.’;

(66) in point 21.A.439, the introductory sentence is replaced by the following:

‘Parts, appliances and CMU components to be used for the repair shall be manufactured in accordance with production data based upon all the necessary design data as provided by the repair design approval holder:’;

(67) point 21.A.441 is replaced by the following:

‘21.A.441 Repair embodiment

(a) The embodiment of a repair shall be performed in accordance with Subpart C of Annex I (Part-M), or Subpart C of Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, or Subpart C of Annex I (Part-ML.UAS) to Delegated Regulation (EU) 2024/1107 or by a production organisation approved under Subpart G of this Annex, in accordance with the privilege provided for in point 21.A.163(d).

(b) The design organisation shall provide the organisation that performs the repair with all the necessary installation instructions.’;

(68) in point 21.A.445(a), the introductory sentence is replaced by the following:

‘When a damaged product, part, appliance, CMU or CMU component is left unrepaired, and is not covered by previously approved data, the evaluation of the damage for its airworthiness consequences may be made only:’;

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(69) point 21.A.708 is amended as follows:

(a) point (a) is replaced by the following:

‘(a) the configuration(s) for which the permit to fly is requested, including, for unmanned aircraft, the configuration of the CMU that is used to control the aircraft;’;

(b) point (b) is amended as follows:

(i) the introductory sentence is replaced by the following:

‘any condition or restriction necessary for the safe operation of the aircraft, including:’;

(ii) the following new point 7 is added:

‘7. for unmanned aircraft, specific arrangements and instructions for the operation and the continuing airworthiness of the UAS or of the CMU;’;

(c) point (d) is replaced by the following:

‘(d) the method used for the control of the aircraft configuration, including, for unmanned aircraft, the configuration of the CMU that is used to control the aircraft, in order to remain within the established conditions.’;

(70) in point 21.A.711, point (d) is replaced by the following:

‘(d) An approved organisation may issue a permit to fly (EASA Form 20b, see Appendix IV) under the privilege granted in accordance with point CAMO.A.125 of Annex Vc (Part-CAMO) to Regulation (EU) No 1321/2014 or point CAO.A.095 of Annex Vd (Part-CAO) to Regulation (EU) No 1321/2014, or point CAO.UAS.095 of Annex II (Part-CAO.UAS) to Delegated Regulation (EU) 2024/1107, as applicable, when the flight conditions referred to in point 21.A.708 of this Annex have been approved in accordance with point 21.A.710 of this Annex.’;

(71) the title of Subpart Q is replaced by the following:

‘SUBPART Q – IDENTIFICATION OF PRODUCTS, PARTS, APPLIANCES, CONTROL AND MONITORING UNITS (CMUs) AND CMU COMPONENTS’;

(72) point 21.A.801 is amended as follows:

(a) the heading is replaced by the following:

‘21.A.801 Identification of products and control and monitoring units (CMUs)’;

(b) point (a) is replaced by the following:

‘(a) The identification of products and CMUs produced under Subpart F or Subpart G shall include the following information:

1. the manufacturer’s name;

2. the product and CMU designation;

3. the manufacturer’s serial number;

4. the ‘EXEMPT’ mark for engines, when the competent authority has granted an exemption from the applicable environmental protection requirements;

5. any other information the Agency finds appropriate.’;

OJ L, 23.5.2024 EN

ELI: http://data.europa.eu/eli/reg_del/2024/1108/oj 27/44

(c) the following new point (e) is added:

‘(e) Any natural or legal person that produces a CMU under Subpart G or Subpart F shall identify it by means of a plate, stamping, engraving, etching or other approved method of fireproof identification that contains the information specified in point (a) in such a manner that it is accessible and legible and will not likely be defaced or removed during normal service, or lost or destroyed in an accident.’;

(73) point 21.A.803 is amended as follows::

(a) point (a) is replaced by the following:

‘(a) No person shall remove, change, or place the identification information referred to in point 21.A.801(a) on any aircraft, engine, propeller, propeller blade, propeller hub or CMU, or the identification information referred to in point 21.A.807(a) on an APU, without the approval of the Agency.’;

(b) points (c) and (d) are replaced by the following:

‘(c) By way of derogation from points (a) and (b), any natural or legal person that performs maintenance work under the applicable associated rules may, in accordance with the methods, techniques and practices established by the Agency:

1. remove, change, or place the identification information referred to in point 21.A.801(a) on any aircraft, engine, propeller, propeller blade, propeller hub or CMU, or the identification information referred to in point 21.A.807(a) on an APU; or

2. remove an identification plate referred to in point 21.A.801, or in point 21.A.807 for an APU, when it is necessary during maintenance operations.

(d) No person shall install an identification plate that has been removed in accordance with point (c)(2) on any aircraft, engine, propeller, propeller blade, propeller hub or CMU other than the one from which it has been removed.’;

(74) point 21.A.804 is replaced by the following:

‘21.A.804 Identification of parts, appliances, and control and monitoring unit (CMU) components

(a) Each part or appliance which is eligible for installation in a type-certified product, and each CMU component which is eligible for installation in a CMU certified in accordance with this Annex I, shall be permanently and legibly marked with:

1. a name, trademark, or symbol identifying the manufacturer in a manner identified by the applicable design data;

2. the part number, as defined in the applicable design data; and

3. the letters ‘EPA’:

(i) for parts or appliances produced in accordance with approved design data that does not belong to the type-certificate holder of the related product, except for ETSO articles and for parts and appliances covered under point 21.A.307(b);

(ii) for CMU components produced in accordance with approved design data that does not belong to the type-certificate holder of the related CMU, or to the UA type-certificate holder when the CMU is certified as part of the UA, except for ETSO CMU components and CMU components covered under point 21.A.308(b).

(b) By way of derogation from point (a), if the Agency agrees that a part, appliance or a CMU component is too small, or that it is otherwise impractical to mark a part, appliance or a CMU component with any of the information required by point (a), the authorised release document that accompanies the part, appliance or the CMU component or its container shall include the information that could not be marked on the part, appliance or CMU component.’;

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(75) in point 21.B.20, point (b) is replaced by the following:

‘(b) The Agency shall implement a system to appropriately analyse any safety-relevant information received and, without undue delay, provide the relevant authority of the Member States and the Commission with any information, including recommendations or corrective actions to be taken, which is necessary for them to react in a timely manner to a safety problem that involves products, parts, appliances, UAS, CMUs, CMU components, persons or organisations that are subject to Regulation (EU) 2018/1139 and its delegated and implementing acts.’;

(76) point 21.B.70 is replaced by the following:

‘21.B.70 Certification specifications

The Agency, in accordance with Article 76(3) of Regulation (EU) 2018/1139, shall issue certification specifications and other detailed specifications, including certification specifications for airworthiness, operational suitability data and environmental protection, which competent authorities, organisations and personnel may use to demonstrate compliance of products, parts, appliances, UAS, CMUs and CMU components with the relevant essential requirements set out in Annexes II, IV, V and IX to that Regulation, as well as with those for environmental protection set out in Article 9(2) of and in Annex III to that Regulation. Such specifications shall be sufficiently detailed and specific to indicate to applicants the conditions under which certificates shall be issued, amended or supplemented.’;

(77) in point 21.B.75, point (a) is replaced by the following:

‘(a) The Agency shall prescribe special detailed technical specifications, named ‘special conditions’, for a product, a UAS or a CMU if the related certification specifications do not contain adequate or appropriate safety standards for the product, UAS or CMU because:

1. the product, the UAS or the CMU has novel or unusual design features relative to the design practices on which the applicable certification specifications are based;

2. the intended use of the product is unconventional; or

3. in-service experience with other similar products, UAS or CMUs or with products or CMUs that have similar design features or newly identified hazards has shown that unsafe conditions may develop.’;

(78) point 21.B.80 is amended as follows:

(a) the introductory sentence is replaced by the following:

‘The Agency shall establish the type-certification basis and notify it to the applicant for a type-certificate or a restricted type-certificate. The type-certification basis shall consist of:’;

(b) point (a) is amended as follows:

(i) the introductory sentence is replaced by the following:

‘the certification specifications for airworthiness designated by the Agency for the product, the UAS or the CMU, as applicable on the date of application for that certificate and any special condition prescribed by the Agency in accordance with point 21.B.75(a), unless:’;

(ii) in point 3, point (i) is replaced by the following:

‘(i) in the case of a type-certificate, demonstrate compliance with the essential requirements of Annex II and, where applicable, of Annex IX to Regulation (EU) 2018/1139; or’;

(c) point (b) is replaced by the following:

‘(b) Reserved.’;

OJ L, 23.5.2024 EN

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(79) in point 21.B.82, point (a) is amended as follows:

(a) point (2) is replaced by the following:

‘2. the Agency accepts or prescribes alternative means to demonstrate compliance with the relevant essential requirements of Annexes II, IV, V and IX to Regulation (EU) 2018/1139;’;

(80) in point 21.B.100(a), the introductory sentence is replaced by the following:

‘The Agency shall determine its involvement in the verification of the compliance demonstration activities and data related to the application for a type-certificate, restricted type-certificate, major change approval, supplemental type certificate, major repair design approval or ETSO authorisation for APUs. It shall do so on the basis of an assessment of meaningful groups of compliance demonstration activities and data of the certification programme. That assessment shall address:

— the likelihood of an unidentified non-compliance with the type-certification basis, operational suitability data certification basis or environmental protection requirements; and

— the potential impact of that non-compliance on product, UAS and CMU safety or environmental protection,

and consider at least the following elements:’;

(81) in point 21.B.103, point (a) is replaced by the following:

‘(a) The Agency shall issue an aircraft, engine, propeller or CMU type-certificate or an aircraft restricted type- certificate, provided that all of the following conditions are fulfilled:

1. the applicant complies with point 21.A.21;

2. the Agency, through verification of the demonstration of compliance in accordance with its involvement determined in accordance with point 21.B.100, has not found any non-compliance with the applicable type-certification basis, the operational suitability data certification basis, where applicable, in accordance with point 21.B.82, and the applicable environmental protection requirements;

3. no feature or characteristic has been identified that may render the product, the UAS or the CMU unsafe for the use for which certification is requested.’;

(82) point 21.B.107 is amended as follows:

(a) in point (a), points 2 and 3 are replaced by the following:

‘2. the Agency, through verification of the demonstration of compliance in accordance with the level of its involvement established on the basis of point 21.B.100(a) or (b) has not found any non-compliance with the applicable type-certification basis, operational suitability data certification basis, where applicable, in accordance with point 21.B.82, and the applicable environmental protection requirements; and

‘3. no feature or characteristic has been identified that may render the product, the UAS or the CMU unsafe for the use for which certification is requested.’;

(b) point (b) is replaced by the following:

‘(b) In the case of a change that affects the operational suitability data, by way of derogation from points 1 and 2 of point (a), at the applicant’s request included in the declaration referred to in point 21.A.20(d), the Agency may approve a change to an aircraft type-certificate before compliance with the applicable operational suitability data certification basis has been demonstrated, provided that the applicant demonstrates such compliance before the date on which this data is to be actually used.’;

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(83) in point 21.B.111, points (a) and (b) are replaced by the following:

‘(a) The Agency shall issue a supplemental type-certificate, provided that all of the following conditions are fulfilled:

1. the applicant complies with point 21.A.115(b);

2. the Agency, through verification of the demonstration of compliance in accordance with the level of involvement established on the basis of point 21.B.100(a), has not found any non-compliance with the applicable type-certification basis, operational suitability data certification basis, where applicable, in accordance with point 21.B.82, and the applicable environmental protection requirements;

3. no feature or characteristic has been identified that may render the product, the UAS or the CMU unsafe for the use for which certification is requested.

(b) In the case of a supplemental type-certificate that affects the operational suitability data, by way of derogation from points 1 and 2 of point (a), at the applicant’s request included in the declaration referred to in point 21.A.20(d), the Agency may issue a supplemental type-certificate before compliance with the applicable operational suitability data certification basis has been demonstrated, provided that the applicant demonstrates such compliance before the date on which this data is to be actually used.’;

(84) in point 21.B.320(b), point 5 is replaced by the following:

‘5. inspection of aircraft and, for unmanned aircraft, of the CMU;’;

(85) point 21.B.325 is replaced by the following:

‘21.B.325 Issuance of airworthiness certificates

(a) The competent authority of the Member State of registry shall issue, or make changes to, a certificate of airworthiness (EASA Form 25, see Appendix VI) without undue delay when it is satisfied that the requirements of point 21.B.326 and the applicable requirements of Subpart H of Section A of this Annex are met.

(b) The competent authority of the Member State of registry shall issue, or make changes to, a restricted certificate of airworthiness (EASA Form 24, see Appendix V) without undue delay when it is satisfied that the requirements of point 21.B.327 and the applicable requirements of Subpart H of Section A of this Annex are met.

(c) For new aircraft, and for used aircraft that originate from a non-Member State, in addition to the applicable airworthiness certificate referred to in point (a) or point (b), the competent authority of the Member State of registry shall issue:

1. for aircraft subject to Annex I (Part-M) to Regulation (EU) No 1321/2014, an initial airworthiness review certificate (EASA Form 15a, see Appendix II);

2. for new aircraft subject to Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, an initial airworthiness review certificate (EASA Form 15c, see Appendix II);

3. for used aircraft that originate from a non-Member State and which are subject to Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, an initial airworthiness review certificate (EASA Form 15c, see Appendix II) when the competent authority has performed the airworthiness review;

4. for new unmanned aircraft that are subject to Annex I (Part-ML.UAS) to Commission Delegated Regulation (EU) 2024/1107 an initial airworthiness review certificate (EASA Form 15d, see Appendix II);

5. for used unmanned aircraft that originate from a non-Member State and that are subject to Annex I (Part-ML.UAS) to Delegated Regulation (EU) 2024/1107, an initial airworthiness review certificate (EASA Form 15d, see Appendix II) when the competent authority has performed the airworthiness review.’;

OJ L, 23.5.2024 EN

ELI: http://data.europa.eu/eli/reg_del/2024/1108/oj 31/44

(86) point 21.B.326 is amended as follows:

(a) in point (a), point 2 is replaced by the following:

‘2. where the competent authority of the Member State of registry is satisfied that the aircraft or the UAS, as applicable, conforms to an approved design and is in a condition for safe operation; this may include inspections by the competent authority of the Member State of registry; and’;

(b) point (b) is amended as follows:

(i) point 1 is amended as follows:

— point (i) is replaced by the following:

‘(i) the aircraft or the UAS, as applicable, conforms to a type design approved under a type- certificate and any supplemental type-certificate, change or repair approved in accordance with this Annex, and’;

— point (iii) is replaced by the following:

‘(iii) the airworthiness review has been carried out in accordance with the provisions of Subpart I of Annex I (Part-M) or Subpart I of Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, or Subpart I of Annex I (Part-ML.UAS) to Delegated Regulation (EU) 2024/1107 as appropriate;’;

(ii) point 2 is replaced by the following:

‘2. where the competent authority of the Member State of registry is satisfied that the aircraft or the UAS, as applicable, conforms to an approved design and is in a condition for safe operation; this may include inspections by the competent authority of the Member State of registry; and’;

(87) in point 21.B.327, point (a) is amended as follows:

(a) in point 1, point (ii) is replaced by the following:

‘(ii) when the competent authority of the Member State of registry is satisfied that the aircraft or the UAS, as applicable, conforms to a design approved by the Agency under a restricted type-certificate or in accordance with specific airworthiness specifications, and is in a condition for safe operation. This may include inspections by the competent authority of the Member State of registry;’;

(b) point 2 is amended as follows:

(i) in point (i), point (A) is replaced by the following:

‘(A) the aircraft or the UAS, as applicable, conforms to a design approved by the Agency under a restricted type-certificate or in accordance with specific airworthiness specifications and any supplemental type-certificate change or repair approved in accordance with this Annex I (Part 21); and’;

(ii) in point (i), point (C) is replaced by the following:

‘(C) the aircraft has been inspected in accordance with the provisions of Annex I (Part-M) or Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, or Annex I (Part-ML.UAS) to Delegated Regulation (EU) 2024/1107 as appropriate;’;

(iii) point (ii) is replaced by the following:

‘(ii) when the competent authority of the Member State of registry is satisfied that the aircraft or the UAS, as applicable, conforms to the approved design and is in a condition for safe operation; this may include inspections by the competent authority of the Member State of registry.’;

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(88) in point 21.B.432(b)(1), point (ii) is replaced by the following:

‘(ii) product, UAS and CMU audits of a relevant sample of the design and certification of the products, parts, appliances, UAS, CMUs and CMU components that are within the scope of work of the organisation;’;

(89) the title of Subpart K in Section B is replaced by the following:

‘SUBPART K – PARTS, APPLIANCES, AND CONTROL AND MONITORING UNIT (CMU) COMPONENTS’;

(90) in point 21.B.453(a), point 4 is replaced by the following:

‘4. no feature or characteristic has been identified that may make the product, the UAS or the CMU unsafe for the use for which certification is requested.’;

(91) in point 21.B.520(b), point 4 is replaced by the following:

‘4. inspection of the aircraft and for unmanned aircraft, of the CMU;’;

(92) the title of Subpart Q in Section B is replaced by the following:

‘SUBPART Q – IDENTIFICATION OF PRODUCTS, PARTS, APPLIANCES, CONTROL AND MONITORING UNITS (CMUs) AND CMU COMPONENTS’;

(93) the list of Appendices (EASA FORMS) is amended as follows:

‘Appendix I – EASA Form 1 Authorised release Certificate

Appendix II – EASA Form 15a, 15c and 15d – Airworthiness Review Certificate

Appendix III – EASA Form 20a Permit to Fly

Appendix IV – EASA Form 20b Permit to Fly (issued by approved organisations)

Appendix V – EASA Form 24 Restricted Certificate of Airworthiness

Appendix VI – EASA Form 25 Certificate of Airworthiness

Appendix VII – EASA Form 45 Noise Certificate

Appendix VIII – EASA Form 52 Aircraft/Unmanned Aircraft System Statement of Conformity

Appendix IX – EASA Form 53 Certificate of Release to Service

Appendix X – EASA Form 55 Production Organisation Approval Certificate

Appendix XI – EASA Form 65 Letter of Agreement for production without production organisation approval

Appendix XII – Categories of flight test and associated flight test crew qualifications’

(94) in Appendix I ‘Authorised Release Certificate – EASA Form 1 referred to in Annex I (Part 21)’, the instructions for the use of EASA Form 1 are amended as follows:

(a) the introductory sentence is replaced by the following:

‘These instructions relate only to the use of the EASA Form 1 for production purposes. Attention is drawn to Appendix II to Annex I (Part-M) to Regulation (EU) No 1321/2014 and to Appendix III to Annex I (Part-ML.UAS) to Delegated Regulation (EU) 2024/1107 which cover the use of the EASA Form 1 for maintenance purposes.’;

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(b) point 1 ‘PURPOSE AND USE’ is amended as follows:

(i) point 1.1 is replaced by the following:

‘1.1. The primary purpose of the certificate is to declare the airworthiness of new aviation engines, propellers, parts, appliances, CMUs and CMU components (“the item(s)”).’;

(ii) point 1.6 is replaced by the following:

‘1.6. The certificate does not constitute an approval to install the item in a particular aircraft, engine, propeller, or in a particular CMU in case of CMU components, but helps the end user determine its airworthiness approval status.’;

(c) in point 5 ‘COMPLETION OF THE CERTIFICATE BY THE ORIGINATOR’, Block 8 is replaced by the following:

‘Block 8 Part Number

Enter the part number as it appears on the item or tag/packaging. In case of an engine, propeller or CMU, the type designation may be used.’;

(95) Appendix II is amended as follows:

(a) the title is replaced by the following:

‘Appendix II

EASA Form 15a, 15c and 15d — Airworthiness Review Certificate;’;

(b) the following new EASA Form 15d is added:

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Airworthiness Review Certificate — EASA Form 15d

‘AIRWORTHINESS REVIEW CERTIFICATE (ARC) (for unmanned aircraft (UA) that comply with Part-ML.UAS)

ARC reference: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council,

[NAME OF THE COMPETENT AUTHORITY]

hereby certifies that: □ it has performed an airworthiness review, in accordance with Annex I (Part-ML.UAS) to Commission Delegated

Regulation (EU) 2024/1107, of the following UA: [or] □ the following new UA: UA manufacturer: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UA manufacturer designation: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UA registration: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .UA serial number: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (and this aircraft) is considered airworthy at the time of the review. Date of issue: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Expiry date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UA flight hours (FHs) on the date of the review: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Authorisation No (if applicable): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[OR]

[NAME OF APPROVED ORGANISATION, ADDRESS and APPROVAL REFERENCE] (*)

hereby certifies that it has performed an airworthiness review, in accordance with Annex I (Part-ML.UAS) to Commission Delegated Regulation (EU) 2024/1107, of the following UA:

UA manufacturer: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UA manufacturer designation: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UA registration: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .UA serial number: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and this aircraft is considered airworthy at the time of the review. Date of issue: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Expiry date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UA flight hours (FHs) on the date of the review: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Authorisation No (if applicable): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

==============================================================================

First extension: The UA complies with the conditions of point ML.UAS.901(c) of Annex I (Part-ML.UAS) to Commission Delegated Regulation (EU) 2024/1107 Date of issue: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Expiry date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UA flight hours (FHs) on the date of issue: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorisation No: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of approved organisation: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approval reference: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

==============================================================================

Second extension: The UA complies with the conditions of point ML.UAS.901(c) of Annex I (Part-ML.UAS) to Commis­ sion Delegated Regulation (EU) 2024/1107 Date of issue: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Expiry date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UA flight hours (FHs) on the date of issue: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorisation No: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of approved organisation: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approval reference: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

EASA Form 15d — Issue 1 (*) The issuer of the form may tailor it to their needs by deleting the name, the certifying statement, the reference to the subject

aircraft and the issuance details that are not relevant for their use. ’

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(96) Appendix III is replaced by the following:

‘Appendix III

Permit to Fly — EASA Form 20a

Competent authority logo PERMIT TO FLY

(*)

This permit to fly is issued pursuant to Regulation (EU) 2018/1139 and certifies that the aircraft is cap- able of safe flight for the purpose and within the con- ditions listed below, and is valid in all Member States.

This permit to fly is also valid for flights to and within nonMember States provided a separate approval is obtained from the competent authorities of those States:

1. Nationality and registration marks:

2. Aircraft manufacturer/type: [for unmanned aircraft, please insert control and monitoring unit model and designation]

3. Serial No:

4. The permit to fly covers: [purpose in accordance with point 21.A.701(a)]

5. Holder: [in case of a permit to fly issued for the purpose of point 21.A.701(a)(15), this should state: ‘the registered owner]

6. Conditions/remarks:

7. Validity period:

8. Place and date of issue: 9. Signature of the competent authority representa- tive:

EASA Form 20a – Issue 2 (*) For use by the State of registry.’;

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(97) Appendix IV is replaced by the following:

‘Appendix IV

Permit to Fly (issued by approved organisations) – EASA Form 20b

The Member State of the competent authority that has issued the organisa- tion approval under which the permit to fly is issued; or ‘EASA’ when the approval is issued by EASA.

PERMIT TO FLY

Name and address of the organisation that issues the permit to fly.

(*)

This permit to fly is issued pursuant to Regulation (EU) 2018/1139 and certifies that the aircraft is cap- able of safe flight for the purpose and within the con- ditions listed below, and is valid in all Member States. This permit to fly is also valid for flights to and within non-Member Statesthird countries provided a sepa- rate approval is obtained from the competent autho- rities of those States.

1. Nationality and registration marks:

2. Aircraft manufacturer/type: [for unmanned aircraft, please insert control and monitoring unit model and designation]

3. Serial No:

4. The permit to fly covers: [purpose in accordance with point 21.A.701(a)]

5. Holder: [organisation that issues the permit to fly]

6. Conditions/remarks:

7. Validity period:

8. Place and date of issue: 9. Authorised signature:

Name:

Approval Reference No: EASA Form 20b – Issue 2 (*) For use by the organisation approval holder.’;

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(98) Appendix V is replaced by the following:

‘Appendix V

Restricted Certificate of Airworthiness — EASA Form 24

Competent authority LOGO

RESTRICTED CERTIFICATE OF AIRWORTHINESS

(*) [Member State of registry] [COMPETENT AUTHORITY OF THE MEMBER STATE]

(*)

1. Nationality and registration marks

2. Manufacturer and manufacturer’s designation of aircraft 3. Aircraft serial number

4. Categories

5. This restricted certificate of airworthiness is issued pursuant to (**) [the Convention on International Civil Aviation dated 7 December [1944] and [Regulation (EU) 2018/1139 of the European Parliament and of the Council] in respect of the above-mentioned aircraft which is considered airworthy when maintained and operated in accordance with the foregoing and the pertinent operating limitations. In addition to the above, the following restrictions apply:

(5) (8) [The aircraft may be used in international navigation notwithstanding the above-mentioned restrictions].

Remarks: [for unmanned aircraft, please insert control and monitoring unit model and designation]

Date of issue: Signature:

6. This restricted certificate of airworthiness is valid unless revoked by the competent authority of the Member State of registry.

A current airworthiness review certificate shall be attached to this certificate. EASA Form 24 — Issue 3 (*) For use by the State of registry. (**) Delete as applicable.

This restricted certificate of airworthiness shall be carried on board during all f lights.’;

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(99) Appendix VI is replaced by the following:

‘Appendix VI

Certificate of Airworthiness — EASA Form 25

Competent authority LOGO

CERTIFICATE OF AIRWORTHINESS

(*) [Member State of registry] [COMPETENT AUTHORITY OF THE MEMBER

STATE]

(*)

1. Nationality and regis- tration marks

2. Manufacturer and manufacturer’s designation of aircraft

3. Aircraft serial number

4. Categories

5. This certificate of airworthiness is issued pursuant to the Convention on International Civil Aviation dated 7 December 1944 and Regulation (EU) 2018/1139 of the European Parliament and of the Council in respect of the above-mentioned aircraft which is considered airworthy when maintained and operated in accordance with the foregoing and the pertinent operating limitations. Limitations/Remarks:

(7) [for unmanned aircraft, please insert control and monitoring unit model and designation] Date of issue: Signature:

6. This certificate of airworthiness is valid unless revoked by the competent authority of the Member State of registry. A current airworthiness review certificate shall be attached to this certificate.

EASA Form 25 — Issue 3 (*) For use by the State of registry.

This certificate of airworthiness shall be carried on board during all flights.’;

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(100) Appendix VIII is amended as follows:

(a) the title is replaced by the following:

‘Aircraft/Unmanned Aircraft System statement of conformity – EASA Form 52’;

(b) the form ‘Aircraft statement of conformity’ is replaced by the following:

‘AIRCRAFT/UNMANNED AIRCRAFT SYSTEM STATEMENT OF CONFORMITY

1. State of manufacture 2. [MEMBER STATE] (*) A Member of the European Union (**)

3. Statement refer- ence No:

4. Organisation

5. Aircraft type 6. Type-certificate reference No:

7. Aircraft registration or mark 8. Production organisation identification No:

9. Engine/propeller/control and monitoring unit details (***)

10. Modifications and/or service bulletins (***)

11. Airworthiness directives

12. Concessions

13. Exemptions, waivers or derogations (***)

14. Remarks

15. Certificate of airworthiness

16. Additional requirements

17. Statement of conformity It is hereby certified that the aircraft/unmanned aircraft system fully conforms to the type-certified design and to the items in Blocks 9, 10, 11, 12 and 13. The aircraft is in a condition for safe operation. The aircraft has been satisfactorily tested in flight.

18. Signed 19. Name 20. Date (dd/mm/yyyy)

21. Production organisation approval reference EASA Form 52 — Issue 4 (*) Or ‘EASA’, if EASA is the competent authority. (**) Delete for non-EU Member States or EASA. (***) Delete as applicable.’;

(c) the Instructions for the use of the ‘Aircraft statement of conformity – EASA Form 52’ are amended as follows:

(i) the title is replaced by the following:

‘Instructions for the use of the aircraft/unmanned aircraft system statement of conformity – EASA Form 52’;

(ii) point 1 ‘PURPOSE AND SCOPE’ is replaced by the following:

‘1. PURPOSE AND SCOPE

1.1. The use of the aircraft/unmanned aircraft system statement of conformity issued by a production organisation that produces under Part 21 Section A Subpart F is described in point 21.A.130 and in the related acceptable means of compliance (AMC).

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1.2. The purpose of the aircraft/unmanned aircraft system statement of conformity (EASA Form 52) issued under Part 21 Section A Subpart G is to enable the holder of an appropriate production organisation approval certificate to exercise the privilege to obtain an individual aircraft certificate of airworthiness and, if requested, a certificate of noise from the competent authority of the Member State of registry.’;

(iii) point 3.2 is replaced by the following:

‘3.2. A statement of conformity may not be issued to the competent authority of the Member State of registry unless the design of the aircraft/unmanned aircraft system, its installed products, and for unmanned aircraft systems, the CMU, are approved.’;

(iv) point 3.4 is replaced by the following:

‘3.4 This statement of conformity is not intended to include those items of equipment that may be required to be fitted in order to satisfy the applicable operational rules. However, some of those individual items may be included in Block 10 or in the approved type design. Operators are, therefore, reminded of their responsibility to ensure compliance with the applicable operational rules for their own particular operations.’;

(v) Block 9 is replaced by the following:

‘Block 9 The engine type and the propeller type(s) in full, as specified in the relevant type certificate and its associated data sheet. Their production organisation identification number and the associated location must also be stated. For unmanned aircraft systems, the CMU type in full, as specified in the relevant type-certificate, its associated data sheet, and its production organisation identification number.’;

(vi) Block 11 is replaced by the following:

‘Block 11 A listing of all the applicable airworthiness directives (or equivalent) and a declaration of compliance, together with a description of the method of compliance of the subject individual aircraft or unmanned aircraft system, including products and installed parts, appliances and equipment and, for unmanned aircraft systems, CMUs and CMU components. Any future compliance requirement time must be stated.’;

(vii) Block 17 is replaced by the following:

‘Block 17 The validity of the statement of conformity is subject to the full completion of all the blocks on the form. A copy of the flight test report, together with any recorded defects and rectification details, must be kept on file by the production organisation approval holder. The report must be signed as satisfactory by the appropriate certifying staff and a flight crew member, e.g. the test pilot or the flight test engineer. The flight tests performed are those defined under the control of the quality management element of the production system, as established by point 21.A.139, in particular point (d)(2)(vi), to ensure that the aircraft conforms to the applicable design data, and is in a condition for safe operation.

The listing of the items provided (or made available) to satisfy the aspects of this statement that relate to the safe operation of the aircraft must be kept on file by the production organisation approval certificate holder.’;

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(101) in Appendix X, the first form (EASA Form 55a – Issue 3) is replaced by the following:

‘[MEMBER STATE] (*) A Member of the European Union (**)

PRODUCTION ORGANISATION APPROVAL CERTIFICATE Reference: [MEMBER STATE CODE (*) ].21G.XXXX

Pursuant to Regulation (EU) 2018/1139 of the European Parliament and of the Council and to Commission Regulation (EU) No 748/2012, for the time being in force and subject to the conditions specified below, the [COMPETENT AUTHORITY OF THE MEMBER STATE] hereby certifies:

[COMPANY NAME AND ADDRESS] as a production organisation in compliance with Section A of Annex I (Part 21) to Commission Regulation (EU) No 748/2012, is approved to produce products, parts, appliances, control and monitoring units and control and monitoring unit components listed in the attached approval schedule and issue the related certi- ficates using the above references.

CONDITIONS:

1. This approval is limited to what is specified in the enclosed terms of approval. 2. This approval is subject to compliance with the procedures specified in the approved production

organisation exposition. 3. This approval is valid for as long as the approved production organisation remains in compliance with

Annex I (Part 21) to Commission Regulation (EU) No 748/2012. 4. Subject to compliance with the foregoing conditions, this approval shall remain valid for an unlimited

period of time unless it has previously been surrendered, superseded, suspended or revoked. Date of original issue: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of this revision: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revision No: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For the competent authority: [COMPETENT AUTHORITY IDENTIFICATION (**)] EASA Form 55a – Issue 4 (*) Or ‘EASA’, if EASA is the competent authority. (**) Or ‘EASA’, if EASA is the competent authority.’;

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(102) Appendix XI is replaced by the following:

‘Appendix XI

Letter of agreement for production without a production organisation approval — EASA Form 65

Letter of agreement referred to in Subpart F of Annex I (Part 21)

[MEMBER STATE] (*) A Member of the European Union (**) LETTER OF AGREEMENT FOR PRODUCTION WITHOUT A PRODUCTION ORGANISATION

APPROVAL

[NAME OF THE APPLICANT] [TRADE NAME (if different from the name of the applicant)] [FULL POSTAL ADDRESS OF THE APPLICANT] Date (day, month, year) Reference: [MEMBER STATE CODE (**)].21F.XXXX

Dear Mr/Ms [name of the applicant], your production inspection system has been evaluated and found to be in compliance with Section A Sub- part A and Subpart F of Annex I (Part 21) to Commission Regulation (EU) No 748/2012.

Therefore, subject to the conditions specified below, we agree that the showing of conformity of the pro- ducts, parts, appliances, control and monitoring units and control and monitoring unit components men- tioned below may be performed according to Section A of Subpart F of Annex I (Part 21) to Commission Regulation (EU) No 748/2012.

No of Units P/N S/N

AIRCRAFT PARTS The following conditions are applicable to this letter of agreement: (1) It is valid while [company name] remains in compliance with Section A Subpart A and Subpart F of

Annex I (Part 21) to Commission Regulation (EU) No 748/2012. (2) It requires compliance with the procedures specified in [company name] manual reference/issue

date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) It terminates on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The statement of conformity issued by [company name] under point 21.A.130 of Commission

Regulation (EU) No 748/2012 shall be validated by the issuing authority of this letter of agreement in accordance with the procedure...... of the referenced manual.

(5) [company name] shall immediately notify the issuing authority of this letter of agreement of any changes to the production inspection system that may affect the inspection, conformity or airworthiness of the products, parts, control and monitoring units and control and monitoring unit components listed in this letter of agreement.

For the competent authority: [COMPETENT AUTHORITY IDENTIFICATION (*) (**) ] Date and Signature

EASA Form 65 — Issue 4 (*) Or ‘EASA’, if EASA is the competent authority. (**) Delete for third countries.’.

OJ L, 23.5.2024 EN

ELI: http://data.europa.eu/eli/reg_del/2024/1108/oj 43/44

ANNEX II

The Annex to Delegated Regulation (EU) 2019/945 is amended as follows:

(1) in PART 2 ‘Requirements for a class C1 Unmanned aircraft system’, point (15) is replaced by the following:

‘(15) provide the remote pilot with a clear warning when the battery of the UA or its CMU reaches a low level to allow the remote pilot sufficient time to safely land the UA;’;

(2) in PART 3 ‘Requirements for a class C2 Unmanned aircraft system’, point (17) is replaced by the following:

‘(17) provide the remote pilot with a clear warning when the battery of the UA or its CMU reaches a low level to allow the remote pilot sufficient time to safely land the UA;’;

(3) in PART 4 ‘Requirements for a class C3 Unmanned aircraft system’, point (13) is replaced by the following:

‘(13) provide the remote pilot with a clear warning when the battery of the UA or its CMU reaches a low level to allow the remote pilot sufficient time to safely land the UA;’.

EN OJ L, 23.5.2024

44/44 ELI: http://data.europa.eu/eli/reg_del/2024/1108/oj