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Forskrift om gjennomføring av BSL JAR-21 om prosedyrer for sertifisering av flymateriell.

LTI/forskrift/2003-01-23-414·Kunngjort 4. april 2003·Journalnr. 2003-0096

I kraft fra: 2003-01-20

Rettet 04.06.2003, se rettelse i hefte 7/2003.

§ 1 . Formål

Formålet med bestemmelsene i JAR-21 er å fastsette felleseuropeiske krav til prosedyrer for sertifisering av flymateriell, for derved å oppnå samme krav til luftdyktighet på flymateriellet i de forskjellige JAA-medlemsland.

§ 2 . Virkeområde

(1) Ved denne forskrift gjelder JAR-21 («Certification Procedures for Aircraft and Related Products and Parts»), seksjon 1, utgave av 1. mai 2002 (Amendment 4) med engelsk tekst, som norsk forskrift. JAR-21 følger som vedlegg 1. Section 2 er kun veiledende.

(2) Denne forskrift omhandler Luftfartstilsynets krav i forbindelse med prosedyrer for godkjenning av JAR-sertifisert flymateriell, med krav til konstruksjon og produksjon av flymateriell, krav til dem som utfører endringer og reparasjoner på flymateriell, samt krav til det ferdigstilte produktet. Forskriften gjelder bare JAR-sertifisert flymateriell.

Rettet 04.06.2003, se rettelse i hefte 7/2003.

§ 3 . Definisjoner i JAR-21

Flymateriell

komplett luftfartøy, konstruksjonsenheter i luftfartøy som alternativt utstyr og spesialutstyr som tilhører luftfartøy, luftfartøyets utskiftbare enheter (motorer, propeller, rotorer, apparater, instrumenter og avionikkenheter), luftfartøyets sikkerhetsutstyr for besetningsmedlemmer og passasjerer, reservedeler og standardmateriell for vedlikehold og modifikasjon av luftfartøy.

JAR-sertifisert flymateriell

Flymateriell som er godkjent etter regler/prosedyrer utarbeidet av Joint Aviation Authority (JAA). Luftfartøy, motorer, propeller og hjelpeaggregat (APU – Auxilliary Power Unit) skal ha gjennomgått en sertifiseringsprosess i JAA. Hvert enkelt medlemsland har medvirket i prosessen og utstedt eget typesertifikat/godkjenning for luftfartøy, motorer, propeller og APU.

Myndigheten (The Authority)

Luftfartstilsynet.

For øvrig gjelder definisjonene i Bestemmelser for Sivil Luftfart (BSL) B 0-9 så langt de ikke er i strid med definisjonene i JAR-21.

§ 4 . Utstedelse

(1) Godkjenning i henhold til JAR-21 skal utstedes når Luftfartstilsynet har evaluert og funnet at kravene i JAR-21 er oppfylt.

(2) Luftfartstilsynet kan gjøre en godkjenning gitt med hjemmel i JAR-21 gyldig for en bestemt periode.

§ 5 . Fornyelse og utvidelse

(1) Søknad med opplysninger som er nødvendige for å kunne treffe vedtak om fornyelse eller utvidelse av godkjenning i henhold til JAR-21 skal sendes Luftfartstilsynet senest 2 måneder før gyldighetsperiodens utløp.

(2) Luftfartstilsynet kan ved fornyelse og utvidelse kreve adgangskontroll for å fornye eller utvide godkjenningen.

§ 6 . Tilbakekall og begrensning

Dersom innehaveren av godkjenning gitt i henhold til JAR-21 ikke overholder bestemmelsene som gjelder for godkjenningen, kan Luftfartstilsynet tilbakekalle og/eller begrense godkjenningen.

§ 7 . Midlertidig tilbakekall

Luftfartstilsynet skal med øyeblikkelig virkning midlertidig tilbakekalle en godkjenning gitt i henhold til JAR-21 dersom det antas å foreligge forhold som tilsier at videre virksomhet bør stanses umiddelbart av hensyn til krav om sikkerhet.

§ 8 . Innlevering av dokument

Dersom en godkjenning gitt i henhold til JAR-21 er tilbakekalt med hjemmel i § 6 eller § 7 kan Luftfartstilsynet treffe vedtak om tilbakesending av dokumentet til Luftfartstilsynet.

§ 9 . Dispensasjon

Luftfartstilsynet kan, når særlige grunner tilsier det, dispensere fra bestemmelsene i denne forskrift med vedlegg (JAR-21).

§ 10 . Ikrafttredelse

Rettet 04.06.2003, se rettelse i hefte 7/2003.

Section 1 – Requirements

General This section 1 contains the requirements for Certification Procedures for Aircraft and Related Products and Parts.

2 Presentation

The requirements of JAR-21 are presented in two columns on loose pages, each page being identified by the Amendment number under which it is amended or reissued.

Explanatory Notes not forming part of the JAR text appear in an italic typeface. These are used for example, to show were FAR text has not been accepted for JAR. Also, sub-headings are in italic typeface.

New, amended and corrected text is enclosed within heavy brackets.

Subpart A – General

JAR 21.1. Applicability

This JAR-21 prescribes: Procedural requirements for the issue of Type Certificates and changes to those certificates; the issue of standard Certificates of Airworthiness; and the issue of export airworthiness approvals. Procedural requirements for the approval of certain parts and appliances. Procedural requirements for the approval of organisations for the purposes of sub-paragraphs (a) (1) (i) and (ii) of this paragraph. Rules governing the holders of any certificate or approval specified in sub-paragraphs (a) (1) (i) to (iii) of this paragraph. Except as otherwise specified, where this JAR-21 refers to a certificate or approval, it means certificates/approvals for which application has been made after JAR-21 has become effective, or according to sub-paragraph (a) (3) of this paragraph. However: Subparts F, G and H may also be used for production of products, parts or appliances, the design of which has been approved other than according to JAR-21. Subparts JA and JB may also be used for design of products, parts or appliances, or changes thereof, approved other than according to JAR-21. In such a case, the Type Certificate means the type certificate or equivalent that has been issued by a National Authority, and the Certificate of Airworthiness is a Certificate of Airworthiness issued by the same Authority. Certificates and approvals may be issued in accordance with the requirements in sub-paragraphs (a) (1) (i) to (iv) of this paragraph, for products which are listed in Appendix D to this JAR-21, List 1 or 2. These are products for which: the original application for type certification has been made before the 1 January 1995, and a commonly agreed type certification basis has been defined.

This JAR-21 becomes effective on 1 January 1995, except as otherwise stated in Subpart N and JAR 21.115 (a), 21.301 (b), 21.321 (b), 21.601 (b), and 21.701 (b). Where a specific applicability date is fixed for a Subpart, the Authority may agree to use it, on request of an applicant, before this applicability date. On and after 1 January 1998, no person may issue a Statement of Conformity or an Authorised Release Certificate (JAA Form One) under this JAR-21 for a new product, other than in accordance with Subpart F or G. On and after 1 June 1999, no person may issue an Authorised Release Certificate (JAA Form One) under this JAR-21 for a new part or appliance, other than in accordance with Subpart F or G. As long as a Subpart of this JAR-21 is not effective, the relevant national procedures remain applicable and also the existing conditions for acceptance and recognitions between authorities.

The definitions and requirements in all Subparts of JAR-21 except Subpart H and Subpart N, apply only to products, parts and appliances, for which application for first Type Certification or approval is or has been made to a JAA Authority, and to the approval of changes to [,and repairs on,] any product, part or appliance for which a JAA Authority has issued a type certificate or approval, when such changes are designed by a person located in a JAA country. (See ACJ 21.1 (c).) The definitions and requirements in Subpart H of JAR-21 apply to the issue of certificates of airworthiness to aircraft. The definitions and requirements in Subpart N of JAR-21 apply to imported products, parts and appliances first type certificated or approved by a non-JAA Authority and to the approval of changes to any product, part and appliance when such changes are designed by a person located in a non-JAA country.

(d) The actions and obligations required to be undertaken by the holder of, or applicant for, a certificate or approval for a product, part or appliance under JAR-21 may be undertaken on his behalf by another person, provided the holder of, or applicant for, that certificate or approval can show that he has made arrangements between himself and the other person such as to ensure that the holder's responsibilities are and will be properly discharged.

The Applicant has submitted information regarding the procedures for coordination with those facilities, including the relationship between the applicant and the foreign facility; and These procedures and relationships are acceptable to the Authority to enable it to make all the inspections and tests necessary to find compliance with the applicable JAR-21 requirements.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01; Amdt. 3, 01.11.01; Amdt. 4, 01.05.02.]

JAR 21.2. Definitions and associated procedures

(a) «Joint Aviation Authorities» means all the Authorities that have signed the JAA Arrangements Document of 11 September 1990, each of them acting in accordance with joint procedures.

(b) «National Authority» means that one of the Joint Aviation Authorities, having legal jurisdiction over the applicant for, or holder of, the Certificate, Approval or Authorisation.

(c) «The Authority» means the National Authority applying in the particular case, the regulations contained in this JAR-21. However, in any case where the Joint Aviation Authorities have established procedures to jointly conduct the certification or approval process, The Authority means the Joint Aviation Authorities.

(d) For the purposes of this JAR-21, «Product» means an aircraft, aircraft engine, or propeller.

In JAR-21, the term «appliance» is not used alone; the term «part» when used alone carries its normal dictionary meaning. In Subpart O, parts and appliances subject to a JTSO Authorisation are referred to as «articles».

(f) «Import», «Export» mean the transfer of products, parts and appliances between a JAA country and a non-JAA country.

(g) «Comply»; «compliance» are used in connection with meeting a rule, regulation or requirement.

(h) «Conform»; «conformity» are used in connection with showing or finding a product, part or appliance is in accordance with an approved design.

(i) «Demonstrate», unless otherwise stated, means demonstrate to the Authority.

use «shall», and are referred to as a «regulation», where they are an imperative (i.e. non-compliance could involve penalties). use «must», and are referred to as a «requirement», where they are a condition precedent i.e. non-compliance leads to failure to obtain a certificate or approval.)

[Ch. 1, 28.01.97.]

JAR 21.3. Failures, malfunctions and defects

(a) System for Collection, Investigation and Analysis of Data . (See ACJ 21.3 (a).) The holder of a Type Certificate [,] Supplemental Type Certificate [or a major repair design approval], shall have a system for collecting, investigating and analysing information related to Occurrences that may involve failures, malfunctions or defects in any product, part or appliance covered by the Type Certificate or Supplemental Type Certificate [or in any change or repair designed under the Terms of Approval]. The holder of a Type Certificate [,] Supplemental Type Certificate [or a major repair design approval,] shall provide information about the system developed in accordance with this sub-paragraph (a) of this paragraph to each known operator of each product.

The holder of a Type Certificate, Supplemental Type Certificate, Joint Parts Approval (JPA) Authorisation or Joint Technical Standards Order (JTSO) Authorisation [or a major repair design approval] shall report to his National Authority any failure malfunction or defect in a product, part, or appliance covered by the Type Certificate, Supplemental Type Certificate [,] Authorisation [or major repair design approval] of which he is aware and which has resulted in or may result in an unsafe condition. Reports must be made in a form and manner acceptable to the Authority, as soon as practicable and in any case not later than three days after the identification of the failure, malfunction or defect [ ]. (See ACJ 21.3 (b) (2).)

(c) Investigation of Reportable Occurrences . Whenever the analysis made under sub-paragraph (a) of this paragraph shows that the reported Occurrence involves a failure, malfunction or defect arising from a deficiency in the Type Design, [the design of a change or repair] or a manufacturing deficiency, [the holder of the Type Certificate, Supplemental Type Certificate, major repair design approval, JTSO Authorisation or JPA Authorisation], as appropriate, shall investigate the reason for the deficiency and report to the Authority the results of his investigation and any action he is taking or proposes to take to correct that deficiency. If the Authority finds action is required to correct the deficiency in existing products, parts or appliances [or to existing changes or repairs, the holder of the Type Certificate, Supplemental Type Certificate, major repair design approval, JTSO Authorisation or JPA Authorisation], as appropriate, shall submit the necessary data relating to the corrective action to the Authority.

Propose the appropriate design changes and/or required inspections and submit details of these proposals to the Authority for approval. Following the Authority's approval of the proposed design changes or inspections, make available to all known Operators appropriate descriptive data and accomplishment instructions.

[Amdt. 4, 01.05.02.]

JAR 21.4. Co-operation between design and production

(See ACJ 21.4)

Each holder of a Type Certificate, Supplemental Type Certificate, JTSO Authorisation, JPA Authorisation, approval of a change to Type Design or approval of a repair design, shall collaborate with the production organisation as necessary to ensure:

(a) The satisfactory co-ordination of design and production required by JAR 21.122 or 21.133 as appropriate, and

[Amdt. 3, 01.11.01.]

Subpart B – Type Certificates

JAR 21.11. Applicability

This Subpart prescribes –

(a) Procedural requirements for the issue of Type Certificates for aircraft, aircraft engines, and propellers; and

(b) Rules governing the holders of those certificates.

JAR 21.13. Eligibility

(a) The Authority will only accept an application for a Type Certificate submitted by a person holding an appropriate Design Organisation Approval under Subpart JA or having had his application for Design Organisation Approval accepted under JAR 21.A233, except that, where a product is of simple design, the Authority may agree to accept an application from a person who does not hold and has not applied for an appropriate Design Organisation Approval. (See ACJ 21.13 (a).)

(b) In the latter case, the Authority will apply such alternative procedures as are necessary to provide equivalent confidence in the findings of compliance with requirements, taking account of the size of the design organisation. (See ACJ 21.13 (b).)

JAR 21.15. Application for a Type Certificate

(a) An application for a Type Certificate must be made in a form and manner acceptable to the Authority.

(b) An application for an aircraft Type Certificate must be accompanied by a three-view drawing of that aircraft and preliminary basic data, including the proposed operating characteristics and limitations.

(c) An application for an aircraft engine, or propeller Type Certificate must be accompanied by a general arrangement drawing, a description of the design features, the operating characteristics, and the proposed operating limitations, of the engine, or propeller.

[Amdt. 2, 01.03.01.]

JAR 21.16. Special Conditions

(See ACJ 21.16)

The product has novel or unusual design features relative to the design practices on which the applicable JAR is based; or The intended use of the product is unconventional; or Experience from other similar products in service or products having similar design features, has shown that unsafe conditions may develop.

[Ch. 1, 28.01.97.]

JAR 21.17. Designation of applicable requirements

The applicable Joint Aviation Requirements that are effective on the date of application for that certificate unless – Otherwise specified by the Authority; or Compliance with later effective amendments is elected or required under this paragraph. Any Special Conditions prescribed in accordance with JAR 21.16 (a).

(b) For each product listed in Appendix D to this JAR-21, List 1 and 2, the applicable requirements consist of those defined in its JAA Data Sheet, when available, or in its Type Certificate Data Sheet of the State of Design, plus the additional requirements referred to in the Appendix D, and Airworthiness Directives of the State of Design, issued before the 1 January 1995.

(c) An application for type certification of an aircraft in accordance with JAR-25 or JAR-29, is effective for five years and an application for any other Type Certificate is effective for three years, unless an applicant shows at the time of application that his product requires a longer period of time for design, development, and testing, and the Authority approves a longer period.

File a new application for a type certificate and comply with all the provisions of sub-paragraph (a) of this paragraph applicable to an original application; or File for an extension of the original application and comply with the applicable Joint Aviation Requirements that were effective on a date, to be selected by the applicant, not earlier than the date which precedes the date of issue of the Type Certificate by the time limit established under sub-paragraph (c) of this paragraph for the original application.

[Amdt. 2, 01.03.01.]

JAR 21.19. Changes requiring a new Type Certificate

[(See ACJ 21.101)]

For Large Aeroplanes until 10 December 2001 and for all other products until 9 December 2002, the following is applicable:

Any person who proposes to change a product must make a new application for a Type Certificate if –

(a) The Authority finds that the proposed change in design, configuration, power, power limitations (engines), speed limitations (engines), or weight is so extensive that a substantially complete investigation of compliance with the applicable requirements is required.

In the number of engines or rotors; or To engines or rotors using different principles of propulsion or to rotors using different principles of operation.

(c) In the case of an aircraft engine, the proposed change is in the principle of operation; or

(d) In the case of propellers, the proposed change is in the number of blades or principle of pitch change operation.

For Large Aeroplanes on and after 10 December 2001 and for all other products on and after 9 December 2002, the following is applicable:

Any person who proposes to change a product must apply for a new Type Certificate if the Authority finds that the change in design, power, thrust, or weight is so extensive that a substantially complete investigation of compliance with the applicable requirements is required.

[Amdt. 2, 01.03.01; Amdt. 3, 01.11.01.]

JAR 21.20. Compliance with applicable requirements

(a) The applicant for a Type Certificate must show compliance with applicable requirements and must provide to the Authority the means by which such compliance has been shown.

(b) The applicant must declare that he has shown compliance with all applicable requirements.

(c) Where the applicant holds an appropriate Design Organisation Approval, the declaration of sub-paragraph (b) of this paragraph must be made according to the provisions of Subpart JA.

[Amdt. 2, 01.03.01.]

JAR 21.21. Issue of a Type Certificate: aircraft; aircraft engines and propellers

(See ACJ 21.21)

Without prejudice to other provisions of national laws applicable in the absence of a comprehensive set of JAR rules, the Authority issues a Type Certificate for an aircraft or an aircraft engine, or propeller, if –

(a) The applicant has obtained an appropriate Design Organisation Approval, or obtained the Authority's agreement to an alternative procedure under JAR 21.13 (b).

(b) The applicant has submitted the declaration referred to in JAR 21.20 (b) ; and

The product to be certificated meets the applicable requirements designated in accordance with JAR 21.17; Any airworthiness provisions not complied with are compensated for by factors that provide an equivalent level of safety; No feature or characteristic makes it unsafe for the uses for which certification is requested; and The Type Certificate holder is prepared to comply with JAR 21.44.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21.31. Type Design

The drawings and specifications, and a listing of those drawings and specifications, necessary to define the configuration and the design features of the product shown to comply with the Applicable Requirements; Information on materials and processes and on methods of manufacture and assembly of the product necessary to ensure the conformity of the product; The Airworthiness Limitations section of the Instructions for Continued Airworthiness as required by the applicable requirement; and Any other data necessary to allow by comparison, the determination of the airworthiness of later products of the same type.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21.33. Inspection and Tests

(See ACJ 21.33)

(a) The applicant must allow the Authority to make any inspection and any flight and ground test necessary to check the validity of the Declaration of Compliance submitted by the applicant under JAR 21.20 (b) and to determine that no feature or characteristic makes the product unsafe for the uses for which certification is requested.

No aircraft, aircraft engine, propeller, or part thereof may be presented to the Authority for test unless compliance with sub-paragraph (c) (2) of this paragraph has been shown for that aircraft, aircraft engine, propeller, or part thereof; and No change may be made to an aircraft, aircraft engine, propeller, or part thereof between the time that compliance with sub-paragraph (c) (2) of this paragraph is shown for that aircraft, aircraft engine, propeller, or part thereof and the time that it is presented to the Authority for test.

That the design complies with the airworthiness requirements relevant to the tests performed. For the test specimen – That materials and processes adequately conform to the specifications in the Type Design; That parts of the products adequately conform to the drawings in the Type Design; and That the manufacturing processes, construction and assembly adequately conform to those specified in the Type Design.

(d) The applicant must submit a statement of conformity to the Authority for each aircraft, aircraft engine, propeller or part thereof presented to the Authority for tests confirming that the aircraft, aircraft engine, propeller or part conforms to the applicable design data. This statement of conformity must include a specific statement that the applicant has complied with sub-paragraph (b) and (c) of this paragraph.

JAR 21.35. Flight Tests

[(See ACJ 21.35)]

(a) Flight testing for the purpose of obtaining a Type Certificate shall be conducted in accordance with conditions for such flight testing specified by the Authority.

To determine compliance with the applicable certification requirements, and For aircraft to be certificated under this JAR-21, except gliders and except aeroplanes of 2730 kg or less maximum certificated weight, to determine whether there is reasonable assurance that the aircraft, its parts and appliances are reliable and function properly. [(See ACJ 21.35 (b) (2).)]

(c) (Reserved.)

(d) (Reserved.)

(e) (Reserved.)

For aircraft incorporating turbine engines of a type not previously used in a type certificated aircraft, at least 300 hours of operation with a full complement of engines that conform to a type certificate [(See ACJ 21.35 (f) (1))]; and For all other aircraft, at least 150 hours of operation. [(See ACJ 21.35 (f) (2))]

[Amdt. 2, 01.03.01; Amdt. 3, 01.11.01.]

JAR 21.41. Type Certificate

(See ACJ 21.41)

The Type Certificate is considered to include the type design, the operating limitations, the type certificate data sheet, the applicable requirements with which the Authority records compliance, and any other conditions or limitations prescribed for the product in the applicable requirement.

[Amdt. 2, 01.03.01.]

JAR 21.44. Responsibilities

(a) Each holder of a Type Certificate shall undertake the responsibilities in 21.3, [21.4], 21.49 and 21.55 to 21.61 and, for this purpose, he shall continue to meet the qualification requirements for eligibility under 21.13.

[Amdt. 2, 01.03.01; Amdt. 3, 01.11.01.]

JAR 21.45. [Reserved]

[Amdt. 3, 01.11.01.]

JAR 21.47. Transferability

Transfer of a Type Certificate may only be made to a Person that is able to undertake the responsibilities in JAR 21.44, and, for this purpose, has demonstrated his ability to qualify under the criteria of JAR 21.21 (a).

[Ch. 1, 28.01.97.]

JAR 21.49. Availability

The holder of a Type Certificate shall make the certificate available, on request, to the Authority.

JAR 21.51. Duration

A Type Certificate is effective until surrendered, suspended, revoked, or a termination date is otherwise established by the Authority.

JAR 21.55. Record keeping

All relevant design information, drawings and test reports, including inspection records for the product tested, shall be held by the Type Certificate holder at the disposal of the Authority and shall be retained in order to provide the information necessary to ensure the continued airworthiness of the product.

JAR 21.57. Manuals

The Type Certificate holder for an aircraft, aircraft engine, or propeller shall produce, maintain and update master copies of all manuals required by the applicable type certification requirements for the product, and provide copies, on request, to the Authority.

[Ch.1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21.61. Instructions for continued airworthiness

(a) The holder of the Type Certificate for a product, shall furnish at least one set of complete Instructions for Continued Airworthiness, comprising descriptive data and accomplishment instructions prepared in accordance with the applicable requirements, to each known owner of one or more aircraft or aircraft incorporating the product, upon its delivery or upon issue of the first Certificate of Airworthiness for the affected aircraft, whichever occurs later and thereafter make those Instructions available on request to any other person required by another JAR to comply with any of the terms of those Instructions.

[Ch.1, 28.01.97; Amdt. 2, 01.03.01.]

Subpart D – Changes to the Type Certificates

JAR 21.90. Applicability

This Subpart prescribes procedural requirements for the approval of changes to Type Designs and Type Certificates. (See also Subpart E.)

[Ch. 1, 28.01.97.]

JAR 21.91. Classification of changes in Type Design

Changes in Type Design are classified as minor and major. A «minor change» is one that has no appreciable effect on the weight, balance, structural strength, reliability, operational characteristics, or other characteristics affecting the airworthiness of the product. All other changes are «major changes». All changes (major and minor) must be approved in accordance with JAR 21.95 or 21.97 as appropriate, and must be adequately identified.

[Ch. 1, 28.01.97.]

JAR 21.92. Eligibility

(a) The Authority will only accept an application for approval of a major change to a Type Design under Subpart D from the Type Certificate holder; all other applicants for a major change to a Type Design must apply under Subpart E.

(b) Any person may apply for approval of a minor change to a Type Design.

JAR 21.93. Application

An application for approval of a change to a Type Design must be made in a form and manner acceptable to the Authority and must include –

All parts of the Type Design and the approved Manuals affected by the change, and; The requirements with which the change has been designed to comply in accordance with JAR 21.101.

[Ch. 1, 28.01.97.]

JAR 21.95. Minor changes

Minor changes in a Type Design may be classified and approved either

(a) [ ] By the Authority; or

[Amdt. 3, 01.11.01.]

JAR 21.97. Major changes

Submit to the Authority substantiating data together with any necessary descriptive data for inclusion in the Type Design; Show that the changed product complies with applicable requirements, as specified in JAR 21.101; Declare that he has shown compliance with applicable requirements and must provide to the Authority the basis on which such a declaration is made; and

(4) Comply with JAR 21.33 and, where applicable, JAR 21.35.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21.101. Designation of applicable requirements

[(See ACJ 21.101)]

For Large Aeroplanes until 10 December 2001 and for all other products until 9 December 2002, the following is applicable:

The requirements incorporated by reference in the Type Certificate; or The applicable requirements in effect on the date of the application, plus any other amendments the Authority finds to be directly related.

The applicable provisions of the JAR in effect on the date of the application for the change, that the Authority finds necessary to [provide a level of safety equal to that established] by the requirements incorporated by reference in the Type Certificate for the product; and Any special conditions, and amendments to those special conditions, prescribed by the Authority to provide a level of safety equal to that established by the requirements incorporated by reference in the Type Certificate for the product.

For Large Aeroplanes on and after 10 December 2001 and for all other products on and after 9 December 2002, the following is applicable:

(a) An applicant for a change to a Type Certificate must show that the changed product complies with the Joint Aviation Requirements that are applicable to the changed product and that are in effect at the date of the application for the change. Exceptions are detailed in sub-paragraphs (b) and (c).

A change that the Authority finds not to be significant. In determining whether a specific change is significant, the Authority considers the change in context with all previous relevant design changes and all related revisions to the applicable requirements incorporated in the Type Certificate for the product. Changes that meet one of the following criteria are automatically considered significant: The general configuration or the principles of construction are not retained. The assumptions used for certification of the product to be changed do not remain valid. Each area, system, part or appliance that the Authority finds is not affected by the change. Each area, system, part or appliance that is affected by the change, for which the Authority finds that compliance with a requirement described in sub-paragraph (a) would not contribute materially to the level of safety of the changed product or would be impractical.

(c) An applicant for a change to an aircraft (other than a rotorcraft) of 2.722 kg (6.000 lbs.) or less maximum weight or to a non-turbine rotorcraft of 1.361 kg (3.000 lbs.) or less maximum weight may show that the changed product complies with the requirements incorporated by reference in the Type Certificate. However, if the Authority finds that the change is significant in an area, the Authority may designate compliance with an amendment to the requirements incorporated by reference in the Type Certificate, in effect at the date of the application, and any requirement that the Authority finds is directly related, unless the Authority also finds that compliance with that amendment or requirement would not contribute materially to the level of safety of the changed product or would be impractical.

(d) If the Authority finds that the requirements in effect at the date of the application for the change do not provide adequate standards with respect to the proposed change, the applicant must also comply with any special conditions, and amendments to those special conditions, prescribed under the provisions of JAR 21.16, to provide a level of safety equivalent to that established in the requirements in effect at the date of the application for the change.

File a new application for a change to the Type Certificate and comply with all the provisions of sub-paragraph (a) of this paragraph applicable to an original application for a change ; or File for an extension of the original application and comply with the provisions of sub-paragraph (a) of this paragraph for an effective date of application, to be selected by the applicant, not earlier than the date which precedes the date of approval of the change by the time period established under this sub-paragraph (e) for the original application for the change.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01; Amdt. 3, 01.11.01.]

JAR 21.103. Issue of approval

The applicant has submitted the declaration referred to in JAR 21.97 (a) (3) ; and It is shown in a manner acceptable to the Authority that – The changed product meets the applicable requirements, as specified in JAR 21.101; Any airworthiness provisions not complied with are compensated for by factors that provide an equivalent level of safety; and No feature or characteristic makes the product unsafe for the uses for which certification is requested.

[Amdt. 3, 01.11.01.]

JAR 21.105. Record keeping

For each change, all relevant design information, drawings and test reports, including inspection records for the changed product tested, shall be held by the applicant at the disposal of the Authority and shall be retained in order to provide the information necessary to ensure the continued airworthiness of the changed product.

Subpart E – Supplemental Type Certificates

JAR 21.111. Applicability

This Subpart prescribes –

(a) Procedural requirements for the approval of major changes to the type design under Supplemental Type Certificate procedures, and

(b) Rules governing the holders of those certificates.

JAR 21.112. Eligibility

The Authority will only accept an application for a Supplemental Type Certificate submitted by a person holding or having applied for an appropriate Design Organisation Approval under Subpart JA except that, in the case of a change which is of simple design, the Authority may agree to accept an application from a person who does not hold and has not applied for an appropriate Design Organisation Approval. In the latter case, the Authority will apply such alternative procedures as are necessary to provide equivalent confidence in the findings of compliance with requirements, taking account of the size of the design organisation.

JAR 21.113. Application for a Supplemental Type Certificate

(a) An application for a Supplemental Type Certificate (STC) must be made in a form and manner acceptable to the Authority.

(b) An application for an STC must include the descriptions and identification required by JAR 21.93, together with a justification that the information on which those identifications are based is adequate either from the applicant's own resources, or through an arrangement with the Type Certificate holder.

JAR 21.114. Showing of compliance

Each applicant for a Supplemental Type Certificate must comply with JAR 21.97.

JAR 21.115. Issue of a Supplemental Type Certificate

The Authority issues a Supplemental Type Certificate if, in addition to complying with JAR 21.103, the applicant has satisfied the Authority that –

(a) The applicant has obtained an appropriate Design Organisation Approval, or the Authority's agreement to alternative procedures, except that, before 1 January 1998, a Design Organisation Approval will not be required provided the Supplemental Type Certification process follows joint procedures agreed by the Authority.

The Type Certificate holder has advised he has no technical objection to the information submitted under JAR 21.93; and The Type Certificate holder has agreed to collaborate with the Supplemental Type Certificate holder to ensure discharge of all responsibilities for continued airworthiness of the changed product through compliance with JAR 21.44 and 21.118A.

[Amdt. 2, 01.03.01.]

JAR 21.116. Transferability

Transfer of a Supplemental Type Certificate may only be made to an Organisation which is able to undertake the responsibilities of JAR 21.118A and for this purpose has demonstrated its ability to qualify under JAR 21.115 (a).

JAR 21.117. Changes to that part of a Product covered by a Supplemental Type Certificate

(a) Minor Changes . Minor changes to that part of a product covered by an STC must be classified and approved in accordance with Subpart D.

(b) Major Changes . Except for major changes submitted by an STC holder who is also the Type Certificate holder, each major change to that part of a product covered by an STC must be approved as a separate STC in accordance with this Subpart E.

JAR 21.118A. Responsibilities

Each holder of a Supplemental Type Certificate shall make the certificate available, on request, to the Authority, and undertake the responsibilities –

(a) Specified in JAR 21.3 [and 21.4];

(b) Specified in JAR 21.105, 21.119 and 21.120;

[Amdt. 2, 01.03.01; Amdt. 3, 01.11.01.]

JAR 21.118B. Duration

A Supplemental Type Certificate is effective until surrendered, suspended, revoked, or a termination date is otherwise established by the Authority.

JAR 21.119. Manuals

The holder of a Supplemental Type Certificate shall produce, maintain, and update master copies of variations in the manuals required by the applicable type certification requirements for the product, necessary to cover the changes introduced under the Supplemental Type Certificate, and furnish copies of these manuals to the Authority on request.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21.120. Instructions for Continued Airworthiness

(a) The holder of the Supplemental Type Certificate for an aircraft, aircraft engine, or propeller, shall furnish at least one set of the associated variations to the Instructions for Continued Airworthiness, prepared in accordance with the applicable requirements, to each known owner of one or more aircraft, aircraft engine, or propeller incorporating the features of the Supplemental Type Certificate, upon its delivery, or upon issuance of the first Certificate of Airworthiness for the affected aircraft, whichever occurs later, and thereafter make those variations in Instructions available, on request, to any other person required by another JAR to comply with any of the terms of those Instructions

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

Subpart F – Production without Production Organisational Approval

JAR 21.121. Applicability

[(See ACJ 21.121)]

(a) This Subpart prescribes rules for showing conformity of an individual product, part or appliance with applicable design data in the absence of an approved production organisation under Subpart G.

The issue of a production approval under Subpart G would be inappropriate; or Certification or approval of products, parts or appliances under this Subpart is needed in advance of issue of a Production Organisation Approval under Subpart G.

[Amdt. 2, 01.03.01.]

JAR 21.122. Eligibility

Any person may apply to show conformity of individual products, parts or appliances under this Subpart, if he holds or has applied for an approval covering the [ ] design of that product, part or appliance, or has a suitable agreement with the applicant for or holder of an approval of such a design, which ensures satisfactory co-ordination between production and design.

[Amdt. 2, 01.03.01.]

JAR 21.124. Application

Each application for Authority agreement to the showing of conformity of individual products, parts and appliances under this Subpart must be made in writing to the Authority and must include –

(a) Evidence supporting the request for Authority agreement under JAR 21.121 (b) (1) or (2), and

(b) An outline of the information required by JAR 21.125 (b).

JAR 21.125. Issue of Authority agreement

The Authority issues a letter agreeing to the showing of conformity of individual products, parts and appliances under this Subpart, when the applicant has –

(a) Satisfied the Authority that he has established a production inspection system that ensures that each product, part or appliance conforms to [the applicable design data] and is in condition for safe operation.

(b) Provided to the Authority a manual that describes the production inspection system required by sub-paragraph (a) of this paragraph and the means for making the determinations of the production inspection system, and the tests of JAR 21.127 and 21.128, and the names of persons authorised for the purpose of JAR 21.130 (a).

[Amdt. 2, 01.03.01.]

JAR 21.126. Production inspection system

Incoming materials, and bought or subcontracted parts, used in the finished product are as specified in the [applicable] design data. Incoming materials, and bought or subcontracted parts, are properly identified. Processes, manufacturing techniques and methods of assembly affecting the quality and safety of the finished product are accomplished in accordance with specifications acceptable to the Authority. Design changes, including material substitutions, have been approved under Subpart D or E and controlled before being incorporated in the finished product.

Parts in process are inspected for conformity with the [applicable] design data at points in production where accurate determinations can be made. Materials subject to damage and deterioration are suitably stored and adequately protected. Current design drawings are readily available to manufacturing and inspection personnel, and used when necessary. Rejected materials and parts are segregated and identified in a manner that precludes installation in the finished product. Materials and parts that are withheld because of departures from design data or specifications, and that are to be considered for installation in the finished product, are subjected to an approved engineering and manufacturing review procedure. Those materials and parts determined by this procedure to be serviceable must be properly identified and reinspected if rework or repair is necessary. Materials and parts rejected by this procedure shall be marked and disposed of to ensure that they are not incorporated in the final product. Records produced under the production inspection system are maintained, identified with the completed product or part where practicable, and are held at the disposal of the Authority and retained by the manufacturer in order to provide the information necessary to ensure the continued airworthiness of the product.

[Amdt. 2, 01.03.01.]

JAR 21.127. Tests: aircraft

(a) Each manufacturer of an aircraft manufactured under this Subpart must establish an approved production ground and flight test procedure and check-off forms, and in accordance with those forms, test each aircraft produced, as a means of establishing relevant aspects of compliance with JAR 21.125 (a).

A check on handling qualities. A check on flight performance (using normal aircraft instrumentation). A check on the proper functioning of all aircraft equipment and systems. A determination that all instruments are properly marked, and that all placards and required flight manuals are installed after flight test. A check of the operational characteristics of the aircraft on the ground. A check on any other items peculiar to the aircraft being tested.

JAR 21.128. Tests aircraft engines and propellers

Each manufacturer of engines, or propellers manufactured under this Subpart must subject each engine, or variable pitch propeller, to an acceptable functional test to determine if it operates properly throughout the range of operation for which it is Type Certificated, as a means of establishing relevant aspects of compliance with JAR 21.125 (a).

JAR 21.129. Responsibilities of the manufacturer

Each manufacturer of a product, part or appliance being manufactured under this Subpart shall –

(a) Make each product, part or appliance available for inspection by the Authority.

(b) Maintain at the place of manufacture the technical data and drawings necessary for the Authority to determine whether the product conforms to the [applicable] design [data].

(c) Maintain the production inspection system that ensures that each product conforms to the [applicable] design [data] and is in condition for safe operation.

(d) Provide assistance to the holder of the Type Certificate or Design Approval in dealing with any continuing airworthiness actions that are related to the products, parts or appliances that have been produced.

Report to the holder of the Type Certificate or Design Approval, all cases where products, parts or appliances have been released by the production organisation and subsequently identified to have deviations from the applicable design data, and investigate with the holder of the Type Certificate or Design Approval to identify those deviations which could lead to an unsafe condition. Report to the Authority, the deviations identified according to sub-paragraph (e) (1) of this paragraph. Such reports must be made in a form an manner acceptable to the Authority according to JAR 21.3 (b) (2). Where he acts as supplier to an other production organisation, report also to that other organisation.

[Amdt. 2, 01.03.01.]

JAR 21.130. Statement of Conformity

(a) Each manufacturer of a product, part or appliance manufactured under this Subpart must issue a Statement of Conformity for each product, part or appliance. This Statement must be signed by an authorised person who holds a responsible position in the manufacturing organisation.

For each product, part or appliance a statement that the product, part or appliance conforms to the [applicable] design [data] and is in condition for safe operation; For each aircraft, a statement that the aircraft has been ground and flight checked in accordance with JAR 21.127 (a) ; and For each aircraft engine, or variable pitch propeller, a statement that the engine or propeller has been subjected by the manufacturer to a final functional test, in accordance with JAR 21.128.

Upon the initial transfer by him of the ownership of such a product, part or appliance; or Upon application for the original issue of an aircraft certificate of airworthiness; or Upon application for the original issue of an airworthiness Release Document for an aircraft engine, a propeller, a part or appliance, present a current Statement of Conformity, for validation by the Authority.

[Amdt. 2, 01.03.01.]

Subpart G – Production Organisation Approval for Products, Parts and Appliances

JAR 21.131. Applicability

(See ACJ 21.131)

This Subpart prescribes –

(a) Rules for the approval of a production organisation and rules governing the holders of such approvals.

[Ch. 1, 28.01.97.]

JAR 21.133. Eligibility

The Authority will only accept an application for a production organisation approval if –

(a) The Authority agrees that, for a defined scope of work, such an approval is appropriate for the purpose of showing conformity with a specific design; (see ACJ 21.133 (a)) and

[Ch. 1, 28.01.97.]

JAR 21.134. Application

(See ACJ 21.134)

Each application for a Production Organisation Approval must be made in a form and manner acceptable to the Authority, and must include an outline of the information required by JAR 21.143 and the Terms of Approval requested to be issued under JAR 21.151.

[Ch. 1, 28.01.97.]

JAR 21.135. Issue of Production Organisation Approval

The Authority issues a Production Organisation Approval when it is satisfied that compliance has been shown with the applicable requirements of this Subpart G.

JAR 21.139. Quality System

(a) The production organisation must show that it has established and can maintain a quality system. The quality system must be documented. This quality system shall be such as to enable the organisation to ensure that each product, part or appliance 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 condition for safe operation, and thus exercise the privileges set forth in JAR 21.163. (See ACJ No. 1 to 21.139 (a) and ACJ No. 2 to 21.139 (a).)

As applicable within the scope of approval, control procedures for those elements shown in Appendix B; (see ACJ 21.139 (b) (1)) and An independent quality assurance function to monitor compliance with, and adequacy of, the documented procedures of the quality system. This monitoring must include a feedback system to the person or group of persons specified in JAR 21.145 (c) (2) and ultimately to the manager specified in JAR 21.145 (c) (1) to ensure, as necessary, corrective action. (See ACJ No. 1 to 21.139 (b) (2) and ACJ No. 2 to 21.139 (b) (2).)

[Ch. 1, 28.01.97.]

JAR 21.143. Exposition

(See ACJ 21.143)

(a) The organisation must furnish to the Authority a production organisation Exposition providing the information listed in Appendix A.

[Ch. 1, 28.01.97.]

JAR 21.145. Approval requirements

The production organisation must show, on the basis of the information submitted in accordance with JAR 21.143; that –

(a) General . The facilities, working conditions, equipment and tools, processes and associated materials, personnel numbers and competence, and general organisation are adequate to discharge responsibilities under JAR 21.165. (See ACJ 21.145 (a).)

The production organisation is in receipt of all necessary airworthiness data from the Authority, and from the holder of or applicant for the [Type Certificate or design approval], as appropriate to determine conformity with the applicable design data. (See ACJ 21.145 (b) (1).) The production organisation has a procedure to ensure that airworthiness data are correctly incorporated in its production data. (See ACJ 21.145 (b) (2).) The above data are kept up to date and made available to all personnel who need access to such data to perform their duties.

A manager accountable to the Authority, has been nominated, with responsibility within the organisation to ensure that all production is performed to the required standards and that the production organisation is continuously in compliance with the data and procedures identified in the Exposition. (See ACJ 21.145 (c) (1).) A manager or group of managers has been nominated to ensure that the organisation is in compliance with the requirements of this Subpart, and are identified, together with the extent of their authority. In this respect such person(s) must ultimately be directly responsible to the manager identified in sub-paragraph (c) (1) of this paragraph. The knowledge, background and experience of the managers nominated must be appropriate to discharge their responsibilities. (See ACJ 21.145 (c) (2).) Staff at all levels have been given appropriate authority to be able to discharge their allocated responsibilities and that there is full and effective co-ordination within the production organisation in respect of airworthiness matters.

Certifying Staff has been defined as those personnel who are authorised by the production organisation to sign the documents issued under JAR 21.163 under the scope or terms of the approval. The knowledge, background (including other functions in the organisation), and experience of the certifying staff must be appropriate to discharge their allocated responsibilities. (See ACJ 21.145 (d) (1).) The production organisation maintains a record of all certifying staff which must include details of the scope of their authorisation. (See ACJ 21.145 (d) (2).) Certifying staff are provided with evidence of the scope of their authorisation. (See ACJ 21.145 (d) (3).)

[Ch. 1, 28.01.97.]

JAR 21.147. Changes to the Approved Production Organisation

(a) After the issue of a Production Organisation Approval, each change to the approved production organisation that is significant to the showing of conformity or to the airworthiness of the product, part or appliance, particularly changes to the quality system, must be approved by the Authority. A proposal for such a change must be notified as soon as practical and the production organisation must show, as far as possible before the implementation of the change, to the satisfaction of the Authority that it will continue to comply with requirements of this Subpart G. (See ACJ 21.147 (a).)

[Ch. 1, 28.01.97.]

JAR 21.148. Changes in location

(See ACJ 21.148)

A change in the location of the manufacturing facilities of the approved production organisation must be regarded as a change of significance to the organisation which must therefore comply with JAR 21.147.

[Ch. 1, 28.01.97.]

JAR 21.149. Transferability

(See ACJ 21.149)

Except for a change in ownership, which must be regarded as a change of significance, and must therefore comply with JAR 21.147, a Production Organisation Approval is not transferable.

[Ch. 1, 28.01.97.]

JAR 21.151. Terms of approval

(See ACJ 21.151)

Terms of approval are issued as part of a Production Organisation Approval. The Terms of Approval identify the scope of work, the products and/or the categories of parts and appliances for which the holder is entitled to exercise the privileges defined in JAR 21.163.

[Ch. 1, 28.01.97.]

JAR 21.153. Changes to the terms of approval

(See ACJ 21.153)

Application for a change to the Terms of Approval must be made in a form and manner acceptable to the Authority. The applicant must comply with the applicable requirements of this Subpart G.

[Ch. 1, 28.01.97.]

JAR 21.157. Investigations

(See ACJ 21.157)

Each applicant for or holder of a Production Organisation Approval shall make arrangements that allow the Authority to make any investigations, including investigations of partners and/or subcontractors, necessary to determine compliance with the applicable requirements of this Subpart G.

[Ch. 1, 28.01.97.]

JAR 21.159. Duration

(a) A Production Organisation Approval is valid until surrendered, suspended, revoked, or a termination date is otherwise established by the Authority. (See ACJ 21.159 (a).)

The production organisation fails to show compliance with the applicable requirements of this Subpart G; or It is prevented by the holder or any of his partners or subcontractor to perform the investigations in accordance with JAR 21.157; or it finds evidence that the production organisation cannot maintain satisfactory control of the manufacture of products, parts or appliances under the approval; (see ACJ 21.159 (b) (3) or The production organisation no longer meets the requirements of JAR 21.133.

[Ch. 1, 28.01.97.]

JAR 21.163. Privileges

(See ACJ 21.163)

The holder of a Production Organisation Approval may, within his Terms of Approval issued under JAR 21.135 –

(a) In the case of complete aircraft and upon presentation of a Statement of Conformity, obtain an aircraft certificate of airworthiness, Standard or Export, without further showing. (See ACJ 21.163 (a).)

(b) In the case of other products, parts or appliances issue Authorised Release Certificates (JAA Form One) without further showing. (See ACJ No. 1 to 21.163 (b) and ACJ No. 2 to 21.163 (b).)

[Ch. 1, 28.01.97.]

JAR 21.165. Responsibilities of Holder

The holder of a Production Organisation Approval shall –

(a) Ensure that the production organisation Exposition furnished in accordance with JAR 21.143 and the documents to which it refers, are used as basic working documents within the organisation. (See ACJ 21.165 (a).)

(b) Maintain the production organisation in conformity with the data and procedures approved for the Production Organisation Approval.

Determine that each completed aircraft conforms to the type design and is in condition for safe operation prior to submitting Statements of Conformity to the Authority, or Determine that other products, parts or appliances are complete and conform to the approved design data and are in condition for safe operation before issuing JAA Form One to certify airworthiness, or Determine that other products, parts or appliances conform to the applicable data before issuing JAA Form One as a conformity Certificate. (See ACJ No. 1 to 21.165 (c), ACJ No. 2 to 21.165 (c)[,] ACJ No. 3 to 21.165 (c) [and ACJ No 5 to 21.165 (c).)]

(d) Record all details of work carried out in a form acceptable to the Authority. (See ACJ 21.165 (d)/(g)).)

Report to the holder of the Type Certificate or Design Approval, all cases where products, parts or appliances have been released by the production organisation and subsequently identified to have deviations from the applicable design data, and investigate with the holder of the Type Certificate or Design Approval to identify those deviations which could lead to an unsafe condition. Report to the Authority, the deviations identified according to sub-paragraph (e) (1) of this paragraph. Such reports must be made in a form and manner acceptable to the Authority according to JAR 21.3 (b) (2). Where the Production Organisation Approval holder is acting as a supplier to another production organisation, report also to that other organisation.

(f) Provide assistance to the holder of the Type Certificate or Design Approval in dealing with any continuing airworthiness actions that are related to the products parts or appliances that have been produced.

(g) Institute an archiving system incorporating requirements to its partners, suppliers and subcontractors, ensuring conservation of the data used to justify conformity of the products, parts or appliances, to be held at the disposal of the Authority and to be retained in order to provide the information necessary to ensure the continuing airworthiness of the products, parts or appliances. (See ACJ 21.165 (d)/(g).)

[Ch. 1, 28.01.97; Amdt. 3, 01.11.01.]

Subpart H – Certificates of Airworthiness

JAR 21.171. Applicability

This Subpart prescribes procedural requirements for the issue of Certificates of Airworthiness.

JAR 21.173. Eligibility

Any owner (or the agent of the owner) of an aircraft may apply for a Certificate of Airworthiness for that aircraft.

JAR 21.174. Application

(a) An application for a Certificate of Airworthiness must be made in a form and manner acceptable to the Authority.

For new aircraft A Statement of Conformity (in the case of production under Subpart F – validated by the Authority) or, for an imported aircraft, the statement required by [JAR 21N174 (a) (1).] A Weight and Balance report, with a loading schedule, when applicable, for each aircraft in accordance with the applicable JAR. The Flight Manual, when required by the applicable Airworthiness Requirements for the particular aircraft. For used aircraft – A Weight and Balance Report, with a loading schedule, when applicable, for each aircraft in accordance with the applicable JAR. The Flight Manual when such material is required by the applicable Airworthiness Requirements for the particular aircraft. Historical records to establish the production, modification, and maintenance standard of the aircraft.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21.175. Language

The manuals, placards, listings, and instrument markings and other necessary information required by applicable JARs must be presented in a language acceptable to the Authority.

JAR 21.176. Classification

(a) Standard Certificates of Airworthiness are certificates issued for aircraft for which a type certificate has been issued in accordance with JAR-21.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21.177. Amendment or modification

A Certificate of Airworthiness may be amended or modified only by the Authority.

[Ch. 1, 28.01.97.]

JAR 21.179. Transferability

In case of change of ownership of an aircraft, the Certificate of Airworthiness is transferred together with the aircraft, provided the aircraft remains on the same register.

[Ch. 1, 28.01.97.]

JAR 21.180. Availability

Each aircraft for which the Authority has issued a Certificate of Airworthiness shall upon request be made available for inspection by the Authority.

JAR 21.181. Duration

(a) The Authority may suspend, revoke or terminate a Certificate of Airworthiness. Unless sooner surrendered, suspended, revoked, or a termination date is otherwise established by the Authority, a Certificate of Airworthiness is effective within any period specified therein, as long as the maintenance is performed in accordance with the applicable Joint Aviation Requirements, and provided the aircraft remains on the same register.

(b) Upon suspension, revocation, or termination by order of the Authority of a Certificate of Airworthiness, it shall, upon request, be surrendered to the Authority.

[Ch. 1, 28.01.97.]

JAR 21.182. Aircraft identification

Each applicant for a Certificate of Airworthiness under this Subpart must show that his aircraft is identified as prescribed in Subpart Q.

JAR 21.183. Issue of Standard Certificates of Airworthiness

[(See ACJ 21.183)]

Without prejudice to other provisions of national laws, applicable in the absence of a comprehensive set of JAA rules, the Authority issues a Certificate of Airworthiness to –

(a) New aircraft, upon presentation of the documentation required by JAR 21.174 (b) (1).

at the time of transfer, an effective Certificate of Airworthiness issued by a JAA Authority, and relating to that aircraft; or Evidence that – The aircraft conforms to a Type Design approved under a Type Certificate, and any applicable Supplemental Type Certificate, and to applicable Airworthiness Directives; and The aircraft has been inspected in accordance with the appropriate JAR; and The Authority finds that the aircraft conforms to the Type Design and is in condition for safe operation.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

Subpart JA – Design Organisation Approval – Products or Changes to Products

JAR 21.A231. Applicability

(See ACJ 21.A231)

This Subpart prescribes procedural requirements for the approval of design organisations designing products or changes to products and rules governing the holders of such approvals.

JAR 21.A233. Eligibility

The Authority will only accept an application for a Design Organisation Approval under this Subpart JA:

(a) in association with an application for a Type Certificate under JAR 21.15, for a Supplemental Type Certificate under JAR 21.113, or for a JTSO Authorisation under JAR 21.603 (a) for an article listed in Appendix C; or

(b) from the holder of a Type Certificate or equivalent that has been issued by a National Authority other than according to JAR-21[;or]

[(c) for the purpose of obtaining the privilege to approve major repairs or to obtain approval of major repairs; or

[Amdt. 2, 01.03.01; Amdt. 4, 01.05.02.]

JAR 21.A234. Application

Each application for a Design Organisation Approval must be made in a form and manner acceptable to the Authority and must include an outline of the information required by JAR 21.A243, and the Terms of Approval requested to be issued under JAR 21.A251.

JAR 21.A235. Requirements for Issue

The Authority issues a Design Organisation Approval when it is satisfied that compliance has been shown with the applicable requirements of this Subpart JA.

[Amdt. 2, 01.03.01.]

JAR 21.A239. Design Assurance System

To ensure that the design of the products, or the design change thereof, comply with the applicable requirements; and To ensure that its responsibilities are properly discharged in accordance with – The appropriate regulations of this JAR-21; and The Terms of Approval issued under JAR 21.A251. To independently monitor the compliance with, and adequacy of, the documented procedures of the system. This monitoring must include a feed-back system to a person or a group of persons having the responsibility to ensure corrective actions. [See ACJ 21.A239 (a) (3).)]

(b) The Design Assurance System must include an independent checking function of the showings of compliance on the basis of which the Organisation submits compliance statements and associated documentation to the Authority. [(See ACJ 21.A239 (b).)]

[Amdt. 4, 01.05.02.]

JAR 21.A243. Data Requirements

(a) The applicant must furnish a handbook to the Authority which must describe, either directly or by cross-reference, the Organisation, the relevant procedures and the products or changes to products to be designed. (See ACJ [No. 1 or No. 2 to] 21.A243 (a) and ACJ 21.A265 (a).)

(b) Where any parts or appliances or any changes to the products are designed by partner organisations or subcontractors of the applicant, the handbook must include a statement of how the applicant will be able to give, for all parts and appliances, the assurance of compliance required by JAR 21.A239 (b), and must contain, directly or by cross-reference, descriptions and information on the design activities and organisation of those partners or subcontractors, as necessary to establish this statement.

(c) The handbook shall be amended as necessary to remain an up-to-date description of the Organisation, and copies of amendments shall be supplied to the Authority.

[Amdt. 2, 01.03.01; Amdt. 4, 01.05.02.]

JAR 21.A245. Requirements for Approval

(See ACJ [No. 1 or No. 2 to] 21.A245)

The information submitted in accordance with JAR 21.A243 must show that, in addition to complying with JAR 21.A239 –

(a) The staff in all technical departments are of sufficient numbers and experience and have been given appropriate authority to be able to discharge their allocated responsibilities and that these, together with the accommodation, facilities and equipment are adequate to enable the staff to achieve the airworthiness objectives for the product.

[Amdt. 4, 01.05.02.]

JAR 21.A247. Changes in Design Assurance System

[(See ACJ 21.A.247)]

After the grant of a Design Organisation Approval, each change to the Design Assurance System that is significant to the showing of compliance or to the airworthiness of the product, must be approved by the Authority. An application for approval shall be submitted in writing to the Authority and the Design Organisation shall show, to the satisfaction of the Authority, on the basis of submission of proposed changes to the handbook, and before implementation of the change, that it will continue to comply with JAR 21.A245 after implementation.

[Amdt. 4, 01.05.02.]

JAR 21.A249. Transferability

(See ACJ 21.A249)

Except for a change in ownership of the Organisation, which must be regarded as a change of significance, and must therefore comply with JAR 21.A247, a Design Organisation Approval is not transferable.

JAR 21.A251. Terms of Approval

(See ACJ [No. 1 or No. 2 to] 21.A251)

Terms of Approval are issued as part of a Design Organisation Approval. This lists the types of design work, the categories of products and the specific products or changes [or repairs] thereof for which the design organisation holds a Design Organisation Approval, and the functions and duties that the Organisation is approved to perform in regard to the airworthiness of products.

Amdt. 4, 01.05.02

JAR 21.A253. Change to the Terms of Approval

Each change to the Terms of Approval must be approved by the Authority. Application for a change to the Terms of Approval must be made in writing to the Authority. The applicant must comply with the applicable requirements of this Subpart JA.

JAR 21.A257 Investigations

(a) Each holder of or applicant for a Design Organisation Approval shall make arrangements that allow the Authority to make any investigations, including investigations of partners and/or subcontractors, necessary to determine compliance with the applicable regulations in this Subpart JA. (See ACJ 21.A257 (a).)

[Amdt. 2, 01.03.01.]

JAR 21.A259. Duration

Surrendered by the holder of the Design Organisation Approval; or Suspended or revoked by the Authority; or The end of a specified duration; or A termination date otherwise established by the Authority.

Finds that the Organisation does not comply with the applicable requirements of this Subpart JA; or Is prevented by the holder or any of its partners and/or subcontracts to perform the investigations in accordance with JAR 21.A257; or Finds evidence that the Design Assurance System cannot maintain satisfactory control and supervision of the design of products or changes thereof under the approval.

JAR 21.A263. Privileges

Obtaining a Type Certificate or approval of a major change to a Type Design; or Obtaining a Supplemental Type Certificate; Obtaining a Joint Technical Standard Order Authorisation under JAR 21.602 (b), may be accepted by the Authority without further verification. (See ACJ 21.A263 (a).)

Classify changes to Type Design [and repairs] as «major» or «minor» under a procedure agreed with the Authority. (See ACJ [No. 1 or No. 2 to] 21.A263 (b) (1).) Approve minor changes to Type Design [and minor repairs] under procedures agreed with the Authority. (See ACJ [No. 1 or No. 2 to] 21.A263 (b) (2).) Issue information or instructions containing the following statement under procedures agreed with the Authority: «The technical content of this document is approved under the authority of [NAA], DOA nr. [NAA]. JA. [xyz].» (See ACJ 21.A263 (b) (3).) Approve documentary changes to the Aircraft Flight Manual under a procedure agreed with the Authority, and issue such changes containing the following statement: «Revision nr.xx to AFM ref.yyy, is approved under the authority of [NAA], DOA nr.[NAA].JA.[xyz].» (See ACJ 21.A263 (b) (4).) [Reserved] Approve the design of major repairs to products for which he holds the Type Certificate or the Supplemental Type Certificate, under procedures agreed with the Authority. (See ACJ 21.437 (b).)]

[Amdt. 3, 01.11.01; Amdt. 4, 01.05.02.]

JAR 21.A265. Responsibility of Holder of Design Organisation Approval

The holder of a Design Organisation Approval shall –

(a) Maintain the handbook in conformity with the Design Assurance System. (See ACJ 21.A265 (a).)

(b) Ensure that this handbook is used as a basic working document within the Organisation. (See ACJ 21.A265 (b).)

Products, or changes [or repairs] thereof, as applicable, comply with applicable requirements and have no unsafe feature; (Reserved.)

(d) [Except for minor changes or repairs approved under the privilege of JAR 21.A263], submit to the Authority statements and associated documentation confirming compliance with sub-paragraph (c) of this paragraph.

[Amdt. 3, 01.11.01; Amdt. 4, 01.05.02.]

Subpart JB – Design Organisation Approval – Parts and Applications

JAR 21.B231. Applicability

[(See ACJ 21.B231)]

This Subpart prescribes procedural requirements for the approval of design organisations designing parts and appliances or changes thereto and rules governing the holders of such approvals.

JAR 21.B233. Eligibility

(See ACJ 21.B233)

The Authority will only accept an application for a Design Organisation Approval covering the design of parts or appliances, or changes thereof, if the Authority agrees that such an approval is appropriate for the purpose of assisting applicants for or holders of Type Certificates or Supplemental Type Certificates in showing compliance with the [applicable] airworthiness requirements. [ ]

[Amdt. 2, 01.03.01.]

JAR 21.B234. Application

Each application for a Design Organisation Approval must be made in a form and manner acceptable to the Authority and must include an outline of the information required by JAR 21.B243, and the Terms of Approval requested to be issued under JAR 21.B251.

JAR 21.B235. Requirements for Issue

The Authority issues a Design Organisation Approval when it is satisfied that compliance has been shown with the applicable requirements of this Subpart JB.

JAR 21.B239. Design Assurance System

(See ACJ 21.B239 (a).)

To assist the applicant for a Type Certificate, or Supplemental Type Certificate, in the manner specified in JAR 21.A239 (c), in ensuring that the design of the parts and appliances, or the design change thereof, comply with the applicable requirements; and To ensure that its responsibilities are properly discharged in accordance with – The appropriate regulations of this JAR-21; and The Terms of Approval issued under JAR 21.B251. To independently monitor the compliance with, and adequacy of, the documented procedures of the system. This monitoring must include a feed-back system to a person or a group of persons having the responsibility to ensure corrective actions.

(b) The Design Assurance System must include an independent checking function of the showings of compliance.

[Amdt. 2, 01.03.01.]

JAR 21.B243. Data Requirements

(a) The applicant must furnish a handbook to the Authority which must describe either directly, or by cross-reference the Organisation, the relevant procedures and the parts and appliances or changes thereto, to be designed. (See ACJ 21.B243 (a).)

[(b) Where any parts or appliances or any changes to the products are designed by partner organisations or subcontractors of the applicant, the handbook must include a statement of how the applicant will be able to give , for all parts and appliances, the assurance of compliance required by JAR 21.B239 (b), and must contain, directly or by cross-reference, descriptions and information on the design activities and organisation of those partners and subcontractors, as necessary to establish this statement.]

(c) The handbook shall be amended as necessary to remain an up-to-date description of the Organisation, and copies of amendments shall be supplied to the Authority.

[Amdt. 2, 01.03.01.]

JAR 21.B245. Requirements for Approval

(See ACJ 21.B245)

The information submitted in accordance with JAR 21.B243 must show that, in addition to complying with JAR 21.B239 –

(a) The staff in all technical departments are of sufficient numbers and experience and have been given appropriate authority to be able to discharge their allocated responsibilities and that these, together with the accommodation, facilities and equipment are adequate to enable the staff to achieve the airworthiness objectives for the part or appliance.

(b) There is full and efficient co-ordination between departments and within departments in respect to airworthiness matters.

JAR 21.B247. Changes in Design Assurance System

After the grant of a Design Organisation Approval, each change to the Design Assurance System that is significant to the showing of compliance, or to the airworthiness of the part or appliance, must be approved by the Authority. An application for approval shall be submitted in writing to the Authority and the Design Organisation shall show, to the satisfaction of the Authority, on the basis of submission of proposed changes to the handbook, and before implementation of the change, that it will continue to comply with JAR 21.B245, after implementation.

JAR 21.B249. Transferability

(See ACJ 21.B249)

Except for a change in ownership of the Organisation, which must be regarded as a change of significance, and must therefore comply with JAR 21.B247, a Design Organisation Approval is not transferable.

JAR 21.B251. Terms of Approval

(See ACJ 21.B251)

Terms of Approval are issued as part of a design organisation Approval. This lists the types of design work and the categories of parts or appliances for which the design organisation holds a Design Organisation Approval, and the functions and duties that the Organisation is approved to perform in regard to the airworthiness of parts or appliances.

JAR 21.B253. Change to the Terms of Approval

Each change to the Terms of Approval must be approved by the Authority. Application for a change to the Terms of Approval must be made in writing to the Authority. The applicant must comply with the applicable requirements of this Subpart JB.

JAR 21.B257. Investigations

Each holder of [or applicant for] a Design Organisation Approval shall make arrangements that allow the Authority to make any investigations necessary to determine compliance with the applicable regulations in this Subpart JB.

[Amdt. 2, 01.03.01.]

JAR 21.B259. Duration

Surrendered by the holder of the Design Organisation Approval; or Suspended or revoked by the Authority; or The end of a specified duration; or A termination date otherwise established by the Authority.

Finds that the Organisation does not comply with the applicable requirements of this Subpart JB; or Is prevented by the holder or any of its sub-contractors to perform the investigations in accordance with JAR 21.B257; or Finds evidence that the Design Assurance System cannot maintain satisfactory control and supervision of the design of parts and appliances, or changes thereof, under the approval.

JAR 21.B265. Responsibility of Holder of Design Organisation Approval

The holder of a Design Organisation Approval shall –

(a) Maintain the handbook in conformity with the Design Assurance System. (See ACJ 21.B265 (a).)

(b) Ensure that this handbook is used as a basic working document within the Organisation. (See ACJ 21.B265 (b).)

Subpart K – Parts and Appliances

JAR 21.301. Applicability

(a) This Subpart prescribes (directly or by cross reference) procedural requirements related to the approval of parts and appliances.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21.303. Compliance with Requirements

The showing of compliance with applicable requirements for parts and appliances to be installed in a type certificated product may only be made –

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

(b) Where applicable, under the JTSO Authorisation procedures of Subpart O; or

(c) Where applicable, under the JPA procedures of Subpart P; or

(d) In the case of Standard Parts, in accordance with established Industry or Government Specifications.

JAR 21.305. Approval of Parts and Appliances

Wherever a part or appliance is explicitly required to be approved under a JAR, compliance must be shown with the applicable JTSO Specification or with specifications accepted by the Authority as equivalent in the particular case.

JAR 21.307. Release of Parts and Appliances for Installation

No replacement or modification part or appliance (except a standard part), is eligible for installation in a type certificated product unless it is –

(a) Accompanied by an [Authorised Release Certificate (JAA Form One), certifying airworthiness (See ACJ 21.307 (a))]; and

[Amdt. 3, 01.11.01.]

Subpart L – Export Airworthiness Approvals

JAR 21.321. Applicability

Procedural requirements for the issue of export airworthiness approvals; and Rules governing the holders of those approvals.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21.323. Eligibility

The Authority will only accept an application for an export airworthiness approval from –

(a) The manufacturer or owner (or agent of the owner) of a new product, part or appliance.

[Ch. 1, 28.01.97.]

JAR 21.325. Export Airworthiness Approvals

Export airworthiness approval of complete aircraft is issued in the form of Export Certificates of Airworthiness. Such certificates do not authorise the operation of aircraft. Export airworthiness approval of other products, parts, (except Standard parts), or appliances are issued in the form of Authorised Release Certificates (JAA Form One) issued in accordance with applicable JARs.

An Export Airworthiness Approval is only issued if in addition to complying with JAR 21.1 (e) the Authority finds that the location of the product, part or appliance does not place an undue burden upon the Authority in administering the provisions of this Subpart.

If the export airworthiness approval is issued on the basis of a written statement by the importing State in accordance with JAR 21.329 (b) or 21.331 (b), the requirements that are not met and the differences in configuration, if any, between the product, part or appliance to be exported and the related type approved product, part or appliance must be listed on the export airworthiness approval as exceptions.

JAR 21.327. Application for an Export Certificate of Airworthiness

(a) An application for an Export Certificate of Airworthiness must be made in a form and manner acceptable to the Authority and be submitted to the appropriate Authority Office.

A Statement of Conformity for each new aircraft. A weight and balance report, with a loading schedule when applicable, for each aircraft in accordance with the applicable JAR. A maintenance manual for each new aircraft when such a manual is required by the applicable airworthiness rules. Evidence of compliance with the applicable Airworthiness Directives. A suitable notation must be made when such Directives are not complied with. When temporary installations are incorporated in an aircraft for the purpose of export delivery, the applicable form must include a general description of the installations together with a statement that the installation will be removed and the aircraft restored to the approved configuration upon completion of the delivery flight. For used aircraft, historical records to establish the production, modification, and maintenance standard of the aircraft or product. A description of the methods used, if any, for the preservation and packaging of such aircraft to protect them against corrosion and damage while in transit or storage. The description must also indicate the duration of the effectiveness of such methods. The Flight Manual when such material is required by the applicable airworthiness regulations for the particular aircraft. A statement as to the date on which any documents not made available at the date of application are expected to be available. A statement as to the date when title passed or is expected to pass to a foreign purchaser.

JAR 21.329. Issue of Export Certificate of Airworthiness

The aircraft conforms to the Type Design acceptable to the importing country. New aircraft have been produced under Subpart F or G of this JAR-21. Used aircraft possess or qualify for a valid Certificate of Airworthiness issued by the Authority. The aircraft meets the additional requirements for import of the importing country. All documents listed in JAR 21.327 (b) have been submitted. The aircraft is identified in accordance with Subpart Q of this JAR-21.

(b) An aircraft need not meet a requirement specified in sub-paragraphs (a) (1) to (5) of this paragraph as applicable, if acceptable to the importing country and the importing country indicates that acceptability.

JAR 21.331. Use of Authorised Release Documents for Export

The Authorised Release Document has been issued in accordance with the applicable JARs; and The product other than aircraft, or the part or appliance, meets the additional requirements for import of the importing country. [(See ACJ 21.331 (a) (2).).]

[Amdt. 3, 01.11.01.]

JAR 21.335. Duties and Responsibilities of Holders of Export Airworthiness Approvals

Unless otherwise agreed with the Importing Authority, the Exporter receiving an export airworthiness approval shall –

(a) Forward to the Authority of the importing country all documents and information necessary for the proper operation of the products being exported e.g. Flight Manuals, Maintenance Manuals, Service Bulletins, and assembly instructions, and such other materials as are stipulated in the special requirements of the importing country. The documents, information and material may be forwarded by any means consistent with the special requirements of the importing country.

(b) Forward the manufacturer's assembly instructions and a flight test check off form approved by the Authority to the Authority of the importing country when unassembled aircraft are being exported. These instructions must be in sufficient detail to permit whatever rigging, alignment, and ground testing is necessary to ensure that the aircraft will conform to the approved configuration when assembled.

(c) Preserve and package products, parts and appliances as necessary to protect them against corrosion and damage whilst in transit or storage and state the duration of effectiveness of such methods.

(d) Remove or cause to be removed any temporary installation incorporated on an aircraft for the purpose of export delivery and restore the aircraft to the approved configuration upon completion of the delivery flight.

Subpart M – Repairs

[JAR 21.431. Applicability

(a) This Subpart prescribes procedural requirements for the approval of repairs made on products, parts and appliances. (See ACJ 21.431 (a).)

(b) A 'repair' means elimination of damage and/or restoration to an airworthy condition following initial release into service by the manufacturer of any product, part or appliance. Elimination of damage by replacement of parts or appliances without the necessity for design activity does not require approval under this subpart.

(c) A repair to a JTSO article must be treated as a change to the JTSO design and must be approved in accordance with 21.611.

[Amdt. 4, 01.05.02.]

[JAR 21.432. Eligibility

(a) The Authority will only accept an application for major repair design approval from a person holding or having applied for an appropriate Design Organisation Approval under Subpart JA except that in the case of a repair which is of simple design, the Authority may agree to accept an application from a person who does not hold and has not applied for an appropriate Design Organisation Approval. In the latter case, the Authority will apply such alternative procedures as are necessary to provide equivalent confidence in the findings of compliance with requirements.

[Amdt. 4, 01.05.02.]

[JAR 21.433. Repair design

Show compliance with the requirements incorporated by reference in the Type Certificate or Supplemental Type Certificate, as applicable, or those in effect on the date of application (for repair design approval), plus any amendments to those requirements or special conditions the Authority finds necessary to establish a level of safety equal to that established by the requirements incorporated by reference in the TC or STC. Submit all necessary substantiation data, when requested by the Authority. Declare compliance with the requirements of (1) above. (See ACJ to JAR 21.433 (a) and JAR 21.447)

(b) Where the applicant is not the Type Certificate or Supplemental Type Certificate holder, as applicable, compliance with

[Amdt. 4, 01.05.02.]

[JAR 21.435. Classification of repairs

(a) A repair may be 'major' or 'minor'. The classification must be made in accordance with the criteria of JAR 21.91 for a change in the Type Design. (See ACJ 21.435 (a).)

By the Authority, or By an appropriately approved Design Organisation under a procedure agreed with the Authority.]

[Amdt. 4, 01.05.02.]

[JAR 21.437. Issue of repair design approval

(See ACJ 21.437)

When it has been declared and has been shown that the repair design meets the applicable requirements of JAR 21.433 (a) (1), it shall be approved –

(a) by the Authority (See ACJ 21.437 (a)), or

(b) by an appropriately approved organisation that is also the Type Certificate or the Supplemental Type Certificate holder, through the use of procedures agreed with the Authority (See ACJ 21.437 (b)), or

[Amdt. 4, 01.05.02.]

[JAR 21.439. Production of repair parts

(See ACJ 21.439)

Parts and appliances to be used in the repair must be manufactured –

(a) Under Subpart F, or

(b) By an organisation appropriately approved in accordance with Subpart G, or

(c) By an appropriately approved Maintenance Organisation, and

[Amdt. 4, 01.05.02.]

[JAR 21.441. Repair embodiment

(See ACJ 21.441)

(a) The embodiment of a repair may only be made by an appropriately approved Maintenance Organisation, or – according to the provision under JAR 21.163 (c) – by a Production Organisation appropriately approved in accordance with Subpart G.

[Amdt. 4, 01.05.02.]

[JAR 21.443. Limitations

(See ACJ 21.443)

A repair design may be approved subject to limitations, in which case the repair design approval must include all necessary instructions and limitations. These instructions and limitations must be transmitted to the operator in accordance with a procedure agreed with the Authority.]

[Amdt. 4, 01.05.02.]

[JAR 21.445. Unrepaired Damage

(See ACJ 21.445)

(a) When a damaged product, part or appliance, is left unrepaired, the evaluation of the damage for its airworthiness consequences may only be made by the Authority or an appropriately approved design organisation, through the use of procedures agreed with the Authority. Any necessary limitations must be processed in accordance with the procedures of JAR 21.443.

[Amdt. 4, 01.05.02.]

[JAR 21.447. Record Keeping

(See ACJ to JAR 21.433 (a) and JAR 21.447)

For each repair, all relevant design information, drawings, test reports, instructions and limitations possibly issued in accordance with JAR 21.443, justification for classification and evidence of the design approval, shall be held by the design approval holder at the disposal of the Authority and shall be retained by the repair design approval holder in order to provide the information necessary to ensure the continued airworthiness of the repaired products, parts or appliances.]

[Amdt. 4, 01.05.02.]

[JAR 21.449. Instructions for Continued Airworthiness

(a) The holder of the repair design approval shall furnish at least one complete set of those changes to the Instructions for Continued Airworthiness which result from the design of the repair, comprising descriptive data and accomplishment instructions prepared in accordance with the applicable Joint Aviation Requirements, to each operator of aircraft incorporating the repair. The repaired product, part or appliance may be released into service before the changes to those Instructions have been completed, but this shall be for a limited service period, and in agreement with the Authority. Those changes to the Instructions shall be made available on request to any other person required by another JAR to comply with any of the terms of those changes to the Instructions.

[Amdt. 4, 01.05.02.]

[JAR 21.451. Responsibilities

Each holder of a major repair approval shall undertake the responsibilities

(a) specified in JAR 21.3;

(b) specified in JAR 21.439, 21.441, 21.443, 21.447 and 21.449;

[Amdt.4, 01.05.02.]

Subpart N – Imported Products, Parts and Appliances, and Changes designed in a non-JAA country

Sub-subpart N-A – General

JAR 21N1. Applicability

This Subpart N prescribes: Procedural requirements for the issue of Type Certificates for imported products and changes to those certificates; and the issue of standard Certificates of Airworthiness for imported aircraft, Procedural requirements for the approval of certain imported products other than aircraft, and of certain imported parts and appliances. Procedural requirements for the approval of changes to JAA type certificated products when such changes are designed by a person located in a non-JAA country. Rules governing the holders of any certificate or approval specified in sub-paragraphs (a) (1) (i) to (iii) of this paragraph. Certificates and approvals may be issued in accordance with the requirements in sub-paragraphs (a) (1) (i) to (iv) of this paragraph, for imported products which are listed in Appendix D to this JAR-21, List 3 and 4. These are products for which: the original application for type certification has been made before the 1 June 1999, and a commonly agreed JAA type certification basis has been defined.

This Subpart N becomes effective on and after 1 June 1999. When a Sub-Subpart of this Subpart N is not applicable, the current existing relevant procedures agreed between a JAA Authority and the Exporting Authority remain applicable.

(c) The definitions and requirements in this Subpart N apply to imported products, parts and appliances first type certificated or approved by a non-JAA Authority and to the approval of changes to products, parts and appliances when such changes are already approved by a non-JAA Authority. (See ACJ 21N1 (c)).

(d) The actions and obligations required to be undertaken by the holder of or applicant for a certificate or approval issued under Subpart N may be undertaken on his behalf by another person, provided the holder of or applicant for that certificate or approval can show that he has made arrangements between himself and the other person such as to ensure that the holder's responsibilities are and will be properly discharged.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21N2. Definitions and Associated Procedures

(a) The «Joint Aviation Authorities» (referred to in Subpart N as «JAA») means all the Authorities that have signed the JAA Arrangements Document of 11 September 1990, each of them acting in accordance with joint procedures.

(b) «Exporting Authority» means the national Authority of a non-JAA applicant.

(c) «JAA Authority» means an Authority that has signed the Arrangements Document of 11 September 1990.

(d) For the purpose of Subpart N, «product» means an aircraft, aircraft engine, or propeller.

In JAR-21, the term «appliance» is not used alone; the term «part» when used alone carries its normal dictionary meaning. In Sub-Subpart N-O, parts and appliances subject to a JTSO Authorisation for Import are referred to as «articles».

(f) «Import», «Export» mean the transfer of products, parts and appliances between a JAA country and a non-JAA country.

(g) «Comply»; «compliance» are used in connection with meeting a rule, regulation or requirement.

(h) «Conform»; «conformity» are used in connection with showing or finding a product, part or appliance is in accordance with an approved design.

(i) «Demonstrate», unless otherwise stated, means demonstrate to the JAA.

(j) Mandatory Clauses – use «shall», and are referred to as a «regulation» where they are an imperative. use «must», and are referred to as a «requirement» where they are a condition precedent (i.e. non- compliance leads to failure to obtain a certificate of approval).

(k) «Person» is a legal entity which is subject to the jurisdiction of its National Authority; it can include an Organisation or Company.

[Ch. 1, 28.01.97.]

JAR 21N3. Reserved

[Ch. 1, 28.01.97.]

JAR 21N5. Commencement of an Import certification or approval process

The JAA will commence their import certification or approval process in respect of an application only when they are satisfied that the Exporting Authority has entered into or is prepared to enter into an Arrangement:

(a) which will enable the JAA to find, that the procedures used by the Exporting Authority to show compliance with the applicable requirements of Subpart N are an acceptable alternative to the procedures of JAR-21 for products, parts and appliances designed and manufactured in a JAA country, and

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21N6. Other format of the arrangement

The arrangement identified in 21N5 and any reference to it in Subpart N may take the form of Implementation procedures for Airworthiness of a bilateral aviation safety agreement that have been established between the Export State and a JAA member State (or group of states) provided these implementation procedures meet the objectives of JAR 21N5, and have been jointly agreed within JAA.

[Ch. 1, 28.01.97.]

Sub-subpart N-B. Type Certification of Imported Products

JAR 21N11. Applicability

This Sub-Subpart prescribes:

(a) Procedural requirements for the issue of Type Certificates for imported aircraft, aircraft engines and propellers; and

[Ch. 1, 28.01.97.]

JAR 21N13. Eligibility

The JAA will only accept an application for a Type Certificate for an imported product, that is submitted by a person:

(a) That is subject to the jurisdiction of an ICAO country, and

that holds the original Type Certificate, or equivalent document, for the same product, issued by the Exporting Authority, or That has had his application for an original Type Certificate, or equivalent document, for the same product accepted by the Exporting Authority. (See ACJ 21N13 (b).)

[Ch. 1, 28.01.97.]

JAR 21N15. Application for Type Certificate

(a) An application for a Type Certificate must be made in a form and manner acceptable to the JAA, submitted to the JAA together with evidence of compliance with JAR 21N13 (a) and (b), and notified to the Exporting Authority.

(b) An application for an aircraft Type Certificate must be accompanied by a three-view drawing of that aircraft and preliminary basic data including the proposed operating characteristics and limitations.

(c) An application for an aircraft engine, or propeller Type Certificate must be accompanied by a general arrangement drawing, a description of the design features, the operating characteristics, and the proposed operating limitations, of the engine or propeller.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21N16. Special Conditions

(See ACJ 21N16)

the product has novel or unusual design features relative to the design practices on which the applicable JAR is based; or The intended use of the product is unconventional; or experience from other similar products in service or products having similar design features, has shown that unsafe conditions may develop.

[Ch. 1, 28.01.97.]

JAR 21N17. Designation of Applicable Requirements

the applicable Joint Aviation Requirements that are effective on the date of application for that certificate unless Otherwise specified by the JAA; or Compliance with later effective amendments is elected or required under this paragraph. Any Special Conditions prescribed in accordance with JAR 21N16 (a). (See ACJ 21N17 (a).)

(b) For each product listed in Appendix D to this JAR-21, List 3 and 4, the applicable requirements consist of those defined in its JAA Data Sheet, when available, or in its Type Certificate Data Sheet of the State of Design, plus the additional requirements referred to in the Appendix D, and Airworthiness Directives of the State of Design, issued before the 1 January 1995.

(c) Reserved.

(d) Reserved.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21N19. Changes requiring a new Type Certificate

[(See ACJ 21.101)]

For Large Aeroplanes on and after 10 December 2001 and for all other products on and after 9 December 2002, the following is applicable:

Any person who proposes to change a product must apply for a new Type Certificate if the JAA find that the change in design, power, thrust, or weight is so extensive that a substantially complete investigation of compliance with the applicable requirements is required.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01; Amdt. 3, 01.11.01.]

JAR 21N20. Compliance with Applicable Requirements

(a) The applicant for a Type Certificate must show compliance with applicable requirements and, as required by the JAA, must provide to the JAA the means by which such compliance has been shown.

(b) Except where the Arrangement set up in accordance with JAR 21N5 provides an equivalent procedure, the applicant must provide a Declaration of Compliance declaring that he has shown compliance with all applicable requirements, and obtain the Exporting Authority's validation of this Declaration.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21N21. Issue of Type Certificate: Aircraft, Aircraft Engines and Propellers

(See ACJ 21N21)

Without prejudice to other provisions of national laws applicable in the absence of a comprehensive set of JAR rules, the JAA may issue a Type Certificate for an aircraft or an aircraft engine, or propeller, if:

(a) the original Type Certificate, or equivalent document, for the same product (in the case of aircraft, the document in conformity with which Certificates of Airworthiness may be issued complying with ICAO Annex 8) has been issued by the Exporting Authority, to the applicant;

(b) Reserved.

the product to be certificated meets the applicable requirements designated in accordance with JAR 21N17. (See ACJ 21N21 (c)); any airworthiness provisions not complied with are compensated for by factors that provide an equivalent level of safety; no feature or characteristic makes the product unsafe for the uses for which certification is requested; the Type Certificate holder is prepared to comply with JAR 21N44; and there are provisions to support the continuing airworthiness of the product, and, for aircraft, these are in accordance with ICAO Annex 8, Part 2; and

(d) The JAA is satisfied that the finding of compliance with sub-paragraph (c) of this paragraph has been made in accordance with the arrangement set up under JAR 21N5.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21N23. Reserved

[Ch. 1, 28.01.97.]

JAR 21N25. Reserved

[Ch. 1, 28.01.97.]

JAR 21N27. Reserved

[Ch. 1, 28.01.97.]

JAR 21N29. Reserved

[Ch. 1, 28.01.97.]

JAR 21N31. Type Design

The drawings and specifications, and a listing of those drawings and specifications, necessary to define the configuration and the design features of the product shown to comply with the Applicable Requirements; Information on materials and processes and on methods of manufacture and assembly of the product necessary to ensure the conformity of the product; The Airworthiness Limitations section of the Instructions for Continued Airworthiness as required by the [applicable requirement]; and Any other data necessary to allow by comparison, the determination of the airworthiness of later products of the same type.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21N33. Inspection and Tests

To accept the Declaration of Compliance submitted by the applicant under JAR 21N20 (b) or any alternative/equivalent procedure, and to determine that no feature or characteristic makes the product unsafe for the uses for which certification is requested.

No aircraft, aircraft engine, propeller, or part thereof may be presented to the JAA for test unless compliance with sub-paragraph (c) (2) of this paragraph has been shown for that aircraft, aircraft engine, propeller, or part thereof; and No change may be made to an aircraft, aircraft engine, propeller, or part thereof between the time that compliance with sub-paragraph (c) (2) of this paragraph is shown for that aircraft, aircraft engine, propeller, or part thereof and the time that it is presented to the JAA for test.

that the design complies with the airworthiness requirements relevant to the tests performed; for the test specimen: that materials and products adequately conform to the specifications in the Type Design; that parts of the products adequately conform to the drawings in the Type Design; and that the manufacturing processes, construction and assembly adequately conform to those specified in the Type Design.

[Ch. 1, 28.01.97.]

JAR 21N35. Flight Tests

(a) When the JAA decide to make flight tests under JAR 21N33, these shall be conducted in accordance with conditions for the safety of such flight tests specified by the JAA.

To determine compliance with the applicable certification requirements, and For aircraft to be certificated under this Subpart N, except gliders and except aeroplanes of 2.730 kg or less maximum certificated weight, to determine whether there is a reasonable assurance that the aircraft, its parts and appliances are reliable and function properly.

For aircraft incorporating turbine engines of a type not previously used in a type certificated aircraft, at least 300 hours of operation with a full complement of engines that conform to a type certificate; and For all other aircraft, at least 150 hours of operation.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21N37. Reserved

[Ch. 1, 28.01.97.]

JAR 21N39. Reserved

[Ch. 1, 28.01.97.]

JAR 21N41. Type Certificate

(See ACJ 21N41)

The Type Certificate is considered to include the Type Design, the operating limitations, the type certificate data sheet, the apllicable requirements with which the JAA records compliance, and any other conditions or limitations prescribed for the product in the applicable requirement.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 231N43. Reserved

[Ch. 1, 28.01.97.]

JAR 21N44. Responsibilities

Each holder of a Type Certificate shall undertake the responsibilities in JAR 21N49 and 21N55 to 21N61 and, for this purpose, he shall continue to hold the original Type Certificate or equivalent document, unless transferred in accordance with JAR 21N47.

[Ch. 1, 28.01.97.]

JAR 21N45. Reserved

[Ch. 1, 28.01.97.]

JAR 21N47. Transferability

(a) Transfer of a Type Certificate may only be made to a Person that is prepared to undertake the responsibilities in JAR 21N44, and upon transfer of the original Type Certificate (or equivalent document), to that Person.

[Ch. 1, 28.01.97.]

JAR 21N49. Availability

The holder of a Type Certificate shall make the certificate available, on request, to the JAA.

[Ch. 1, 28.01.97.]

JAR 21N50. Reserved

[Ch. 1, 28.01.97.]

JAR 21N51. Duration

A Type Certificate is effective until surrendered, suspended, revoked, or a termination date is otherwise established by the JAA.

[Ch. 1, 28.01.97.]

JAR 21N53. Reserved

[Ch. 1, 28.01.97.]

JAR 21N55. Recordkeeping

All relevant design information, drawings and test reports, including inspection records for the product tested, held by the Type Certificate holder in accordance with national procedures of the Exporting Authority defined under the Arrangement set up under JAR 21N5, shall be made available, on request, to the JAA.

[Ch. 1, 28.01.97.]

JAR 21N57. Manuals

The Type Certificate holder for an aircraft, aircraft engine, or propeller shall produce, maintain and update master copies of all manuals required by the applicable type certification requirements for the product, and provide copies, on request, to the JAA.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21N61. Instructions for Continued Airworthiness

(a) The holder of the Type Certificate for a product shall furnish at least one set of complete Instructions for Continued Airworthiness, comprising descriptive data and accomplishment instructions prepared in accordance with the applicable requirements, to each known owner in a JAA country of one or more imported aircraft or aircraft incorporating the imported product upon its delivery, or upon issue of the first Certificate of Airworthiness for the affected aircraft, whichever occurs later, and thereafter make those instructions available to any other person required by another JAR to comply with any of the terms of those Instructions.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

Sub-subpart N-D. Changes to Type Certificate

JAR 21N90. Applicability

This Sub-Subpart prescribes procedural requirements for the approval of changes to Type Designs and to Type Certificates, when such changes are designed by a person located in a non- JAA country. (See also Sub-Subpart N-E)

[Ch. 1, 28.01.97.]

JAR 21N91. Classification of changes in Type Design

Changes in Type Design are classified as minor and major. A «minor change» is one that has no appreciable effect on the weight, balance, structural strength, reliability, operational characteristics, or other characteristics affecting the airworthiness of the product. All other changes are «major changes». All changes (major and minor) must be approved in accordance with JAR 21N95 or 21N97 as appropriate, and must be adequately identified.

[Ch. 1, 28.01.97.]

JAR 21N92. Eligibility

he holds an approval for the major change issued by the Exporting Authority, or he has had his application for approval of the major change accepted by the Exporting Authority.

[Ch. 1, 28.01.97.]

JAR 21N93. Major Changes: Application

Unless specific provisions exist in the Arrangement set up under JAR 21N5, an application for approval of a major change to a Type Design must be made in a form and manner acceptable to the JAA, submitted to the JAA and notified to the Exporting Authority. The application must include:

all parts of the Type Design and the approved Manuals affected by the change, and; the requirements with which the change has been designed to comply, in accordance with JAR 21N101.

[Ch. 1, 28.01.97.]

JAR 21N95. Minor Changes

(a) The JAA approve a minor change to a Type Design if it is shown, under the modification procedures of sub-paragraph (b) of this paragraph, that the changed product meets the applicable requirements as specified in JAR 21N101.

[Ch. 1, 28.01.97.]

JAR 21N97. Major Changes: Compliance with Applicable Requirements

furnish to the JAA the necessary descriptive data as required by the JAA for inclusion in the Type Design; Show that the changed product complies with applicable requirements, as specified in JAR 21N101; Except where the Arrangement set up in accordance with JAR 21N5 provides otherwise, submit to the JAA substantiating data, together with the means by which compliance is shown; and Comply with JAR 21N33 and, where applicable, 21N35.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21N99. Reserved

[Ch. 1, 28.01.97.]

JAR 21N101. Designation of Applicable Requirements

[(See ACJ 21.101)]

For Large Aeroplanes until 10 December 2001 and for all other products until 9 December 2002, the following is applicable:

Unless otherwise specified by the JAA:

The requirements incorporated by reference in the Type Certificate; or The applicable Joint Aviation Requirements in effect on the date of the application for the change, plus any other amendments the JAA finds to be directly related.

the applicable provisions of the JAR in effect on the date of the application for the change that the JAA finds necessary to provide a level of safety equal to that established by the requirements incorporated by reference in the Type Certificate for the product; and any special conditions, and amendments to those special conditions, prescribed by the JAA to provide a level of safety equal to that established by the requirements incorporated by reference in the Type Certificate for the product.

For Large Aeroplanes on and after 10 December 2001 and for all other products on and after 9 December 2002, the following is applicable:

(a) An applicant for a change to a Type Certificate must show that the changed product complies with the Joint Aviation Requirements that are applicable to the changed product and that are in effect at the date of the application for the change. Exceptions are detailed in sub-paragraphs (b) and (c).

A change that the JAA find not to be significant. In determining whether a specific change is significant, the JAA consider the change in context with all previous relevant design changes and all related revisions to the applicable requirements incorporated in the Type Certificate for the product. Changes that meet one of the following criteria are automatically considered significant: The general configuration or the principles of construction are not retained. The assumptions used for certification of the product to be changed do not remain valid. Each area, system, part or appliance that the JAA find is not affected by the change, Each area, system, part or appliance that is affected by the change, for which the JAA find that compliance with a requirement described in sub-paragraph (a) would not contribute materially to the level of safety of the changed product or would be impractical.

(c) An applicant for a change to an aircraft (other than a rotorcraft) of 2722 kg (6000 lbs.) or less maximum weight or to a non-turbine rotorcraft of 1361 kg (3000 lbs.) or less maximum weight may show that the changed product complies with the requirements incorporated by reference in the Type Certificate. However, if the JAA find that the change is significant in an area, the JAA may designate compliance with an amendment to the requirements incorporated by reference in the Type Certificate, in effect at the date of the application, and any requirement that the JAA find is directly related, unless the JAA also find that compliance with that amendment or requirement would not contribute materially to the level of safety of the changed product or would be impractical.

(d) If the JAA find that the requirements in effect at the date of the application for the change do not provide adequate standards with respect to the proposed change, the applicant must also comply with any special conditions, and amendments to those special conditions, prescribed under the provisions of JAR 21N16, to provide a level of safety equivalent to that established in the requirements in effect at the date of the application for the change.

File a new application for a change to the Type Certificate and comply with all the provisions of sub-paragraph (a) of this paragraph applicable to an original application for a change ; or File for an extension of the original application and comply with the provisions of sub-paragraph (a) of this paragraph for an effective date of application, to be selected by the applicant, not earlier than the date which precedes the date of approval of the change by the time period established under this sub-paragraph (e) for the original application for the change.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01; Amdt. 3, 01.11.01.]

JAR 21N103. Issue of Approval

the applicant has obtained an approval for the same change from the Exporting Authority; It is shown that: the changed product meets the applicable requirements, as specified in JAR 21N101 (See ACJ 21N21 (c)); any airworthiness provisions not complied with are compensated for by factors that provide an equivalent level of safety; and no feature or characteristic makes the product unsafe for the uses for which certification is requested; and The JAA is satisfied that the findings of compliance with sub-paragraph (2) have been made in accordance with the Arrangement between the JAA and the Exporting Authority, covering the change to the product, and set up in accordance with JAR 21N5.

[Ch. 1, 28.01.97.]

JAR 21N105. Recordkeeping

For each change, all relevant design information, drawings and test reports, including inspection records for the changed product tested, and held in accordance with national procedures of the Exporting Authority defined under the Arrangement set up under JAR 21N5, shall be made available on request to the JAA.

[Ch. 1, 28.01.97.]

Sub-subpart N-E. Supplemental Type Certificates

JAR 21N111. Applicability

This Sub-Subpart prescribes:

(a) Procedural requirements for the approval of major changes to a Type Design under Supplemental Type Certificate procedures, when such changes are designed by a Person that is not the holder of the Type Certificate and is located in a non-JAA country, and

Note: Approval of major changes to an imported product, proposed by an applicant that is located in a JAA country, is dealt with under JAR-21 Subpart E.

[Ch. 1, 28.01.97.]

JAR 21N112. Eligibility

The JAA will only accept an application for a Supplemental Type Certificate that is submitted by a person:

the Authority that issued the Original Type Certificate for the product, or another Authority, provided that the Arrangement set up with that Authority in accordance with JAR 21N5 includes specific provisions for this purpose; and

that holds the original Supplemental Type Certificate, or equivalent document, for the same change to the product, issued by the Exporting Authority, or that has had his application for an original Supplemental Type Certificate, or equivalent document, for the same change to the product, accepted by the Exporting Authority.

[Ch. 1, 28.01.97.]

JAR 21N113. Application for a STC

(a) An application for a Supplemental Type Certificate must be made in a form and manner acceptable to the JAA, submitted to the JAA, and notified to the Exporting Authority.

[Ch. 1, 28.01.97.]

JAR 21N114. Showing of Compliance

Each applicant for a Supplemental Type Certificate must comply with JAR 21N97.

[Ch. 1, 28.01.97.]

JAR 21N115. Issue of a STC

The JAA issues a Supplemental Type Certificate if:

(a) the applicant complies with JAR 21N103, and

the Type Certificate holder has advised he has no technical objection to the information submitted under JAR 21N93, and the Type Certificate holder has agreed to collaborate with the Supplemental Type Certificate holder to ensure discharge of all responsibilities for continued airworthiness of the changed product through compliance with JAR 21N44 and 21N118A.

[Ch. 1, 28.01.97.]

JAR 21N116. Transferability

(a) Transfer of a Supplemental Type Certificate may only be made to a Person that is prepared to undertake the responsibilities of JAR 21N118A.

[Ch. 1, 28.01.97.]

JAR 21N117. Changes to that part of a Product covered by a Supplemental Type Certificate

(a) Minor Changes . Minor changes to that part of a product covered by an STC must be classified and approved in accordance with Sub-Subpart N-D.

[Ch. 1, 28.01.97.]

JAR 21N118A. Responsibilities

Each holder of a Supplemental Type Certificate shall make the certificate available, on request, to the JAA, and undertake the responsibilities:

(a) Reserved.

(b) Specified in JAR 21N105, 21N119 and 21N120; and

[Ch. 1, 28.01.97.]

JAR 21N118B. Duration

A Supplemental Type Certificate for a product is effective until surrendered, suspended, revoked, or a termination date is otherwise established by the JAA.

[Ch. 1, 28.01.97.]

JAR 21N119. Manuals

The holder of a Supplemental Type Certificate shall produce, maintain, and update master copies of variations in the Manuals required by the applicable type certification requirements for the product, necessary to cover the changes introduced under the Supplemental Type Certificate, and furnish copies of these manuals to the JAA on request.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21N120. Instructions for Continued Airworthiness

(a) The holder of the Supplemental Type Certificate for an aircraft, aircraft engine, or propeller, shall furnish at least one set of the associated variations to the Instructions for Continued Airworthiness, prepared in accordance with the applicable requirements, to each known owner in a JAA country of one or more aircraft, aircraft engine, or propeller incorporating the Supplemental Type Certificate, upon its delivery, or upon issuance of the first Certificate of Airworthiness for the affected aircraft, whichever occurs later, and thereafter make those variations in Instructions available on request to any other person required by another JAR to comply with any of the terms of those Instructions.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

Sub-subpart N-F/G. Conformity with Design

JAR 21N131. Conformity and Condition for Safe Operation

(a) Each individual product, part and appliance, new or used, must conform to its JAA approved Type Design and be in condition for safe operation.

[Ch. 1, 28.01.97.]

Sub-subpart N-H. Certificates of Airworthiness for Imported Aircraft

JAR 21N171. Applicability

This Sub-Subpart N-H prescribes requirements relevant to the issue of Certificates of Airworthiness to imported aircraft.

NOTE: The administrative requirements for the issue of a Certificate of Airworthiness to an aircraft, whether it is imported or not, are prescribed in JAR-21 Subpart H.

[Ch. 1, 28.01.97.]

JAR 21N174. Documents for Application

Each applicant for a Certificate of Airworthiness must submit to his JAA Authority, together with his application:

A statement signed by the Exporting Authority, confirming the conformity of this aircraft with a JAA approved Type Design; A Weight and Balance Report, with a loading schedule, when applicable, for each aircraft in accordance with the applicable JAR; and The Flight Manual, when required by the applicable Airworthiness Requirements for the particular aircraft.

In addition to the documents required in sub-paragraphs (a) (2) and (a) (3) above, historical records to establish the production, modification and maintenance standard of the aircraft.

[Ch. 1, 28.01.97.]

JAR 21N175. Language

The manuals, placards, listings and instrument markings and other necessary information required by the applicable JARs must be presented in a language acceptable to the importing JAA Authority.

[Ch. 1, 28.01.97.]

JAR 21N182. Aircraft Identification

Each applicant for a Certificate of Airworthiness must show that his aircraft is identified as prescribed in Sub-Subpart N-Q.

[Ch. 1, 28.01.97.]

JAR 21N183. Issue of Standard Certificates of Airworthiness

(See ACJ 21N183)

Without prejudice to other provisions of national laws, applicable in the absence of a comprehensive set of JAA rules, a JAA Authority issues a Certificate of Airworthiness:

documentation required by JAR 21N174 (a) has been submitted, and it is shown that the aircraft has been produced so as to comply with JAR 21N131;

the aircraft conforms to a Type Design approved under a Type Certificate issued in accordance with the certification procedures of this JAR-21, and any applicable Supplemental Type Certificate, and to applicable Airworthiness Directives; and the aircraft has been inspected in accordance with the appropriate JAR; and the JAA Authority finds that the aircraft conforms to the Type Design and is in condition for safe operation.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

Sub-subpart N-K. Imported Parts and Appliances

JAR 21N301. Applicability

This Sub-Subpart prescribes (directly or by cross reference) procedural requirements related to the approval of imported parts and appliances.

[Ch. 1, 28.01.97.]

JAR 21N303. Compliance with requirements

The showing of compliance with applicable requirements for imported parts and appliances to be installed in a type certificated product may only be made:

(a) in conjunction with the type certification procedures of Sub-Subparts N-B, N-D or N-E, for the product in which it is to be installed, or

(b) where applicable, under the JTSO Authorisation procedures of Sub-Subpart N-O, or

(c) Reserved.

[Ch. 1, 28.01.97.]

JAR 21N305. Approval of Parts and Appliances

Wherever a part or appliance is explicitly required to be approved under a JAR, compliance must be shown with the applicable JTSO Specification or with specifications accepted by the JAA as equivalent in the particular case.

[Ch. 1, 28.01.97.]

JAR 21N307. Release of Parts and Appliances for Installation

No imported replacement or modification part or appliance, is eligible for installation in a type certificated product unless:

(a) It has been produced in accordance with JAR 21N131;

(b) It is accompanied by an airworthiness release document certifying conformity of the part or appliance with the approved design [and condition for safe operation,] issued in accordance with the Arrangement set up under JAR 21N5; and

[Ch. 1, 28.01.97; Amdt. 3, 01.11.01.]

Sub-subpart N-N. Imported Engines and Propellers

JAR 21N501. Release of Engines and Propellers for Installation

No imported engine or propeller is eligible for installation in a type certificated aircraft unless:

(a) it has been produced in accordance with JAR 21N131;

(b) it has been subjected by the manufacturer to a final operational check;

(c) it is accompanied by an airworthiness release document certifying conformity of the engine or propeller with a JAA approved Type Design, issued in accordance with the Arrangement set up under JAR 21N5; and

[Ch. 1, 28.01.97.]

Sub-subpart N-O. Joint Technical Standard Order Authorisations for Import

JAR 21N600. Definition

For the purpose of this Sub-Subpart, «articles» means parts and appliances used on civil aircraft.

[Ch. 1, 28.01.97.]

JAR 21N601. Applicability

Procedural requirements for the issue of Joint Technical Standard Order Authorisations to a non-JAA manufacturer; Rules governing the holders of these Joint Technical Standard Order Authorisations.

(b) Reserved.

A Joint Technical Standard Order (referred to in this Sub-Subpart as JTSO) is issued by the JAA and is a minimum performance standard for specified articles. A JTSO Authorisation is an authorisation to mark an article with the appropriate JTSO marking. A JTSO Authorisation is an approval of the design and for the production of an article which has been found to meet a specific JTSO, issued to the manufacturer of this article. An article manufactured under a JTSO Authorisation is an approved article for the purpose of meeting the applicable Joint Aviation Requirements that require the article to be approved.

[Ch. 1, 28.01.97.]

JAR 21N602. Eligibility

The JAA will only accept an application for JTSO Authorisation, in accordance with the Arrangement set up under JAR 21N5, from a person who produces or is preparing to produce a JTSO article under the relevant procedural regulations of the Exporting Authority.

[Ch. 1, 28.01.97.]

JAR 21N603. Application

(a) Each application for a JTSO Authorisation must be made in a form and manner acceptable to the JAA, notified to the Exporting Authority, and must include an outline of the information required by JAR 21N605.

[Ch. 1, 28.01.97.]

JAR 21N604. Reserved

[Ch. 1, 28.01.97.]

JAR 21N605. Data Requirements

The applicant must submit the following documents, to the JAA, through the Exporting Authority:

(a) A Statement of Compliance certifying that the applicant has met the requirements of this Sub-Subpart.

(b) A Declaration of Design and Performance (DDP).

(c) One copy of the technical data required in the applicable JTSO.

(d) Reserved.

[Ch. 1, 28.01.97.]

JAR 21N606. Issue of a JTSO Authorisation

The JAA will issue a JTSO Authorisation if:

(a) the relevant Statement of Compliance has been submitted through the Exporting Authority;

(b) it is shown that the article complies with the technical conditions of the applicable JTSO;

(c) the showing of compliance with sub-paragraph (b) of this paragraph has been made in accordance with the Arrangement set up under JAR 21N5; and

[Ch. 1, 28.01.97.]

JAR 21N607. JTSO Marking and Privileges

(a) The issue of a JTSO Authorisation by the JAA authorises the manufacturer to identify the article with the JTSO marking.

[Ch. 1, 28.01.97.]

JAR 21N608. Declaration of Design and Performance (DDP)

(See ACJ 21N608)

Information corresponding to JAR 21N31 (a) and (b), identifying the article and its design and testing standard. The rated performance of the article, where appropriate, either directly or by reference to other supplementary documents. A Statement of Compliance certifying that the article has met the appropriate JTSO. Reference to relevant test reports. Reference to the appropriate Maintenance, Overhaul and Repair Manuals. Where various levels of compliance are allowed by the JTSO, the levels of compliance must be defined in the DDP.

[Ch. 1, 28.01.97.]

JAR 21N609. General Rules Governing Holders of JTSO Authorisations

Each manufacturer of an article for which he holds a JTSO Authorisation issued under this Subpart N shall:

(a) Manufacture each article in accordance with the procedures of JAR 21N606 (d) and ensure that it is safe for installation;

(b) Prepare and maintain, for each model of each article for which a JTSO Authorisation has been issued, a current file of complete technical data and records in accordance with JAR 21N613;

(c) Prepare, maintain and update master copies of all manuals required by the applicable JAR for the article;

(d) Make available to users in JAA countries and, on request, to the JAA those maintenance, overhaul and repair manuals necessary for the usage and maintenance of the article, and changes to those manuals;

(e) Mark each article in accordance with JAR 21N807 (c) ; and

[Ch. 1, 28.01.97.]

JAR 21N610. Approval for Deviation

(a) Each manufacturer who requests approval to deviate from any performance standard of a JTSO must show that the standards from which a deviation is requested are compensated for by factors or design features providing an equivalent level of safety.

[Ch. 1, 28.01.97.]

JAR 21N611. Design Changes

The manufacturer of an article under a JTSO Authorisation issued under this JAR-21 may make minor design changes (any change other than a major change) without further Authorisation by the JAA. In this case, the changed article keeps the original model number (part number changes or amendments shall be used to identify minor changes) and the manufacturer shall forward to the JAA any revised data that are necessary for compliance with JAR 21N603 (b).

Any design change by the manufacturer that is extensive enough to require a substantially complete investigation to determine compliance with a JTSO is a major change. Before making such a change, the manufacturer must assign a new type or model designation to the article and must apply for a JTSO Authorisation under JAR 21N603.

No design change by any person (other than the manufacturer who submitted the Statement of Compliance for the article) is eligible for approval under this Sub-Subpart N-O unless the person seeking the approval, if eligible under JAR 21N602, applies under JAR 21N603 for a separate JTSO Authorisation.

[Ch. 1, 28.01.97.]

JAR 21N613. Recordkeeping

All relevant design information, drawings and test reports, including inspection records for the article tested, held in accordance with national procedures of the Exporting Authority defined under the Arrangement set up under JAR 21N5, shall be made available, on request, to the JAA.

[Ch. 1, 28.01.97.]

JAR 21N615. Authority Inspection

Upon the request of the JAA, through the Exporting Authority and in accordance with the Arrangement set up under JAR 21N5, each manufacturer of an article under a JTSO Authorisation shall allow the JAA to:

(a) witness any tests; and

[Ch. 1, 28.01.97.]

JAR 21N619. Non-Compliance

The manufacturer's rights to identify his article with the JTSO marking may be withdrawn or suspended if the JAA finds that:

(a) the conditions required when the JTSO Authorisation was granted are no longer being observed, or

(b) the duties of the holder specified in JAR 21N609 are no longer being discharged, or

[Ch. 1, 28.01.97.]

JAR 21N621. Transferability and Duration

Except for a change in ownership of the holder, which will be considered by the JAA in accordance with the Arrangement set up under JAR 21N5, a JTSO Authorisation issued under this Subpart N is not transferable. It is effective until surrendered, withdrawn or otherwise terminated by the Authority.

[Ch. 1, 28.01.97.]

Sub-subpart N-Q. Identification of Imported Products, Parts and Applicances

JAR 21N801. General

Each person who manufactures an aircraft or aircraft engine that will be imported to a JAA country shall identify that aircraft or engine by means of a fireproof plate that has the information specified in JAR 21N803 marked on by etching, stamping, engraving or other approved method of fireproof marking. The identification plate must be secured in such a manner that it will not likely be defaced or removed during normal service, or lost or destroyed in an accident.

Each person who manufactures a propeller, propeller blade or propeller hub that will be imported to a JAA country shall identify his product by means of a plate, stamping, engraving, etching or other approved method of fireproof identification that is placed on it on a non-critical surface, contains the information specified in JAR 21N803 and will not be likely to be defaced or removed during normal service or lost or destroyed in an accident.

For manned free balloons, the identification plate prescribed in sub-paragraph (a) of this paragraph must be secured to the balloon envelope and must be located, if practicable where it is legible to the operator when the balloon is inflated. In addition, the basket and any heater assembly must be permanently and legibly marked with the manufacturer's name, part number (or equivalent) and serial number (or equivalent).

[Ch. 1, 28.01.97.]

JAR 21N803. Identification data

Manufacturer's name Product or part designation Manufacturer's Serial Number Any other information the JAA find appropriate.

(b) Except as provided in sub-paragraph (d) (1) no person may remove, change, or place identification information required by sub-paragraph (a) on any aircraft, aircraft engine, propeller, propeller blade or propeller hub, without the approval of the JAA.

(c) Except as provided in sub-paragraph (d) (2) no person may remove or install any identification plate required by 21N801 without the approval of the JAA.

Remove, change, or place the identification information required by paragraph (a) on any aircraft, aircraft engine, propeller, propeller blade, or propeller hub, or Remove an identification plate required by 21N801 when necessary during maintenance operations.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21N805. Identification of Critical Parts

Each Person who produces an imported part to be fitted on a type certificated product which has been identified as a critical part, shall permanently and legibly mark that part with a part number (or equivalent) and a serial number (or equivalent).

[Ch. 1, 28.01.97.]

JAR 21N807. JTSO Articles, Replacement and Modification Parts

A name, trademark, or symbol prescribed by the Type Certificate or Supplemental Type Certificate Holder; and The part number.

the name and address of the manufacturer; the name, type, part number or model designation of the article; the serial number or the date of manufacture of the article or both; and the applicable JTSO number.

(c) Reserved.

[Ch. 1, 28.01.97.]

Subpart O – Joint Technical Standard Order Authorisations

JAR 21.600. Definition

For the purpose of this Subpart, «articles» means parts and appliances used on civil aircraft.

[Ch.1, 28.01.97.]

JAR 21.601. Applicability

Procedural requirements for the issue of Joint Technical Standard Order Authorisations. Rules governing the holders of Joint Technical Standard Order Authorisations.

(b) This Subpart is applicable on and after 1 June 1999.

A Joint Technical Standard Order (referred to in this Subpart as JTSO) is issued by the Authority and is a minimum performance standard for specified articles. A JTSO Authorisation is an authorisation to mark an article with the appropriate JTSO marking A JTSO Authorisation is an approval of the design and for the production of an article which has been found to meet a specific JTSO, issued to the manufacturer of this article. An article manufactured under a JTSO Authorisation is an approved article for the purpose of meeting the applicable JARs that require the article to be approved.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21.602. Eligibility

(a) The Authority will only accept an application for JTSO Authorisation from a person who produces or is preparing to produce a JTSO article and who holds or has applied for an appropriate Production Organisation Approval under Subpart G.

[Ch.1, 28.01.97.]

JAR 21.603. Application

(a) Each application for a JTSO Authorisation must be made in a form and manner acceptable to the Authority and must include an outline of the information required by JAR 21.605.

(b) When a series of minor changes in accordance with JAR 21.611 is anticipated, the applicant may set forth in its application the basic model number of the article and the part number of the components with open brackets after it to denote that suffix change letters or numbers (or combinations of them) will be added from time to time.

JAR 21.605. Data Requirements

The applicant must submit the following documents, to the Authority:

(a) A Statement of Compliance certifying that the applicant has met the requirements of this Subpart.

(b) A Declaration of Design and Performance (DDP).

(c) One copy of the technical data required in the applicable JTSO.

(d) The Exposition (or a reference to the Exposition) required by JAR 21.143 for the purpose of obtaining an appropriate Production Organisation Approval under Subpart G.

(e) Where applicable under JAR 21.602 (b), the Handbook (or a reference to the Handbook) required by JAR 21.A243 for the purpose of obtaining an appropriate Design Organisation Approval under Subpart JA.

JAR 21.606. Issue of Authorisation

The Authority issues a JTSO Authorisation if the applicant –

(a) has obtained an appropriate Production Organisation Approval under Subpart G; and

(b) has shown that the article complies with the technical conditions of the applicable JTSO in a manner acceptable to the Authority, and has submitted the corresponding Statement of Compliance.

Has obtained an appropriate Design Organisation Approval under Subpart JA; and Has made the showing of compliance and has issued the Statement of Compliance under the procedures of the approval.

[Ch.1, 28.01.97.]

JAR 21.607. JTSO Marking and Privileges

(a) The issue of a JTSO Authorisation by the Authority authorises the manufacturer to identify the article with the JTSO marking.

(b) No person may identify an article with a JTSO marking unless that person holds a JTSO Authorisation and the article meets applicable JTSO performance standards.

JAR 21.608. Declaration of Design and Performance (DDP)

(See ACJ 21.608)

Information corresponding to JAR 21.31 (a) and (b), identifying the article and its design and testing standard. The rated performance of the article, where appropriate, either directly or by reference to other supplementary documents. A Statement of Compliance certifying that the article has met the appropriate JTSO. Reference to relevant test reports. Reference to the appropriate Maintenance, Overhaul and Repair Manuals. Where various levels of compliance are allowed by the JTSO, the levels of compliance must be defined in the DDP.

[Ch.1, 28.01.97.]

JAR 21.609. General Rules Governing Holders of JTSO Authorisations

Each manufacturer of an article for which he holds a JTSO Authorisation issued under this JAR-21 shall –

(a) Manufacture each article in accordance with the Production Organisation Approval issued under Subpart G, that ensures that each completed article conforms to its design data and is safe for installation;

(b) Prepare and maintain, for each model of each article for which a JTSO Authorisation has been issued, a current file of complete technical data and records in accordance with JAR 21.613;

(c) Prepare, maintain and update master copies of all manuals required by the applicable JAR for the article;

(d) Make available to users and to the Authority on request those maintenance, overhaul and repair manuals necessary for the usage and maintenance of the article, and changes to those manuals;

(e) Mark each article in accordance with JAR 21.807 (b) ; and

[Ch.1, 28.01.97; Amdt. 3, 01.11.01.]

JAR 21.610. Approval for Deviation

(a) Each manufacturer who requests approval to deviate from any performance standard of a JTSO must show that the standards from which a deviation is requested are compensated for by factors or design features providing an equivalent level of safety.

(b) The request for approval to deviate, together with all pertinent data, must be submitted to the Authority.

JAR 21.611. Design Changes

(a) Minor changes by the manufacturer holding the JTSO Authorisation . The manufacturer of an article under an Authorisation issued under this JAR-21 may make minor design changes (any change other than a major change) without further Authorisation by the Authority. In this case, the changed article keeps the original model number (part number changes or amendments shall be used to identify minor changes) and the manufacturer shall forward to the Authority any revised data that are necessary for compliance with JAR 21.603 (b).

(b) Major changes by the manufacturer holding the JTSO Authorisation . Any design change by the manufacturer that is extensive enough to require a substantially complete investigation to determine compliance with a JTSO is a major change. Before making such a change, the manufacturer must assign a new type or model designation to the article and apply for an Authorisation under JAR 21.603.

(c) Changes by person other than the manufacturer holding the JTSO Authorisation . No design change by any person (other than the manufacturer who submitted the Statement of Compliance for the article) is eligible for approval under this Subpart O unless the person seeking the approval applies under JAR 21.603 for a separate JTSO Authorisation.

JAR 21.613. Recordkeeping

Further to the recordkeeping requirements appropriate to or associated with the quality system, all relevant design information, drawings and test reports, including inspection records for the article tested, shall be held at the disposal of the Authority and shall be retained in order to provide the information necessary to ensure the continued airworthiness of the article and of the type certificated product in which it is fitted.

JAR 21.615. Authority Inspection

Upon the request of the Authority, each manufacturer of an article under a JTSO authorisation shall allow the Authority to –

(a) Witness any tests.

(b) Inspect the technical data files on that article.

JAR 21.619. Non-compliance

The manufacturer's rights to identify his article with the JTSO marking may be withdrawn or suspended if the Authority finds that –

(a) The conditions required when JTSO authorisation was granted are no longer being observed, or

(b) The duties of the holder specified in JAR 21.609 are no longer being discharged; or

(c) The article has proved to give rise to unacceptable hazards in service.

JAR 21.621. Transferability and Duration

Except for a change in ownership of the holder, which must be regarded as a change of significance, and must therefore comply with JAR 21.147, and 21.A247 if applicable, a JTSO Authorisation issued under this JAR-21 is not transferable. It is effective until surrendered, withdrawn or otherwise terminated by the Authority.

Subpart P – Joint Part Approval Authorisations

JAR 21.701. Applicability

Procedural requirements for the issue of a Joint Part Approval Authorisation (JPA Authorisation) for replacement and modification parts. Rules governing the holders of JPA Authorisations.

(b) This Subpart is applicable on and after 1 June 1999.

(c) For the purpose of this Subpart, a JPA Authorisation is an Authorisation to mark parts with the letters JPA, and constitutes an approval of the design and manufacture of a part for installation on a type certificated product.

[Ch. 1, 28.01.97; Amdt. 2, 01.03.01.]

JAR 21.703. Eligibility

The Authority will only accept an application for a JPA Authorisation from a person who produces or prepares itself to produce a replacement or modification part for a type certificated product, and who holds or has applied for a suitable Production Organisation Approval under Subpart G.

JAR 21.705. Application

An application for a JPA Authorisation must be made in a form and manner acceptable to the Authority and must include –

(a) In the case of a modification part, evidence of approval or of an application for approval of the part as a minor change to the Type Design of a product according to JAR 21.95 (a).

(b) In the case of a replacement part, evidence that the replacement part is approved according to JAR 21.303 (a).

(c) An application for a Production Organisation Approval or for amendment thereof, according to JAR 21.134 or 21.153, covering the production of the modification or replacement part.

JAR 21.707. Issue of a JPA Authorisation

The Authority issues a JPA Authorisation if it has –

(a) In the case of a modification part, approved the installation of the part as a minor change to the type certificated product according to JAR 21.95, or in the case of a replacement part, accepted the evidence that the part is approved; and

(b) Issued to the applicant a Production Organisation Approval under Subpart G, covering the production of the modification or replacement part.

JAR 21.709. Duration

(a) The JPA Authorisation remains valid as long as the Production Organisation Approval issued under Subpart G is valid, and the design approval of the part is not altered by Airworthiness Directive action.

(b) The JPA Authorisation may be withdrawn by the Authority if the requirements of JAR-21 are not satisfied.

JAR 21.711. Responsibilities

Manufacture each part in accordance with the Production Organisation Approval issued under Subpart G.

(b) Comply with JAR 21.3 (b), (c) [and 21.4.]

[Amdt. 3, 01.11.01.]

JAR 21.713. Privileges

(a) In addition to its privileges as the holder of a Production Organisation Approval, the holder of a JPA Authorisation is authorised to identify the parts produced with the JPA marking, according to JAR 21.807.

(b) No person who does not hold such an Authorisation may mark any replacement or modification part with the letters JPA.

Subpart Q – Identification of Products, Parts and Appliances

JAR 21.801. General

(a) Aircraft and aircraft engines. Each person who manufactures an aircraft or aircraft engine under a Type Certificate or Production Organisation Approval shall identify that aircraft or engine by means of a fireproof plate that has the information specified in JAR 21.803 marked on it by etching, stamping, engraving, or other approved method of fireproof marking. The identification plate must be secured in such a manner that it will not likely be defaced or removed during normal service, or lost or destroyed in an accident.

(b) Propellers and propeller blades and hubs. Each person who manufactures a propeller, propeller blade, or propeller hub under the terms of a Type Certificate or Production Organisation Approval shall identify his product by means of a plate, stamping, engraving, etching or other approved method of fireproof identification that is placed on it on a non-critical surface, contains the information specified in JAR 21.803, and will not be likely to be defaced or removed during normal service or lost or destroyed in an accident.

(c) Manned free balloons. For manned free balloons, the identification plate prescribed in sub-paragraph (a) of this paragraph must be secured to the balloon envelope and must be located, if practicable, where it is legible to the operator when the balloon is inflated. In addition, the basket and any heater assembly must be permanently and legibly marked with the manufacturer's name, part number (or equivalent) and serial number (or equivalent).

[Ch. 1, 28.01.97.]

JAR 21.803. Identification Data

Manufacturer's name. [Product or part] designation. Manufacturer's Serial number. Any other information the Authority finds appropriate.

(b) Except as provided in sub-paragraph (d) (1) of this paragraph no person may remove, change, or place identification information required by sub-paragraph (a) of this paragraph on any aircraft, aircraft engine, propeller, propeller blade, or propeller hub, without the approval of the Authority.

(c) Except as provided in sub-paragraph (d) (2) of this paragraph no person may remove or install any identification plate required by JAR 21.801 without the approval of the Authority.

Remove, change, or place the identification information required by sub-paragraph (a) of this paragraph on any aircraft, aircraft engine, propeller, propeller blade, or propeller hub; or Remove an identification plate required by JAR 21.801 when necessary during maintenance operations.

[Amdt. 2, 01.03.01.]

JAR 21.805. Identification of Critical Parts

Each person who produces a part to be fitted on a type certificated product which has been identified as a critical part shall permanently and legibly mark that part with a part number (or equivalent) and a serial number (or equivalent).

JAR 21.807. JTSO Articles, Replacement and Modification Parts

A name, trademark, or symbol prescribed by the Type Certificate or Supplemental Type Certificate Holder; and The part number.

The name and address of the manufacturer; The name, type, part number or model designation of the article; The serial number or the date of manufacture of the article or both; and The applicable JTSO number.

The letters JPA; His name, trademark or symbol; and The part number.

[Ch. 1, 28.01.97.]

Appendices

Appendix A. Production Organisation Exposition

(Content as required by JAR 21.143 (a).)

(a) A statement signed by the accountable manager confirming that the production organisation exposition and any associated manuals which define the approved organisation's compliance with this Subpart will be complied with at all times.

(b) The title(s) and names of managers accepted by the Authority in accordance with JAR 21. 145 (c) (2).

(c) The duties and responsibilities of the manager(s) as required by JAR 21.145 (c) (3) including matters on which they may deal directly with the Authority on behalf of the Organisation.

(d) An organisational chart showing associated chains of responsibility of the managers as required by JAR 21.145 (c) (1) and (c) (2).

(e) A list of certifying staff.

(f) A general description of man-power resoures.

(g) A general description of the facilities located at each address specified in the production organisation's certificate of approval.

(h) A general description of the production organisation's scope of work relevant to the Terms of Approval.

(i) The procedure for the notification of Organisational changes to the Authority.

(j) The amendment procedure for the production organisation exposition.

(k) A description of the quality system and the procedures as required by JAR 21.139 (b) (1).

(l) A list of those outside parties referred to in JAR 21.139 (a).

Appendix B. Quality System

The Quality System must include, as applicable within the scope of approval, control procedures for the following elements as required by JAR 21.139 (b) (1).

(a) Document issue, approval, or change.

(b) Vendor and subcontractor assessment, audit and control.

(c) Verification that incoming products, parts, materials, and equipment, including items supplied new or used by buyers of products, are as specified in the applicable design data.

(d) Identification and traceability.

(e) Manufacturing processes.

(f) Inspection and testing, including production flight tests.

(g) Calibration of tools, jigs, and test equipment.

(h) Non conforming item control.

(i) Airworthiness co-ordination with the applicant/holder of a design approval.

(j) Records completion and retention.

(k) Personnel competence and qualification.

(1) Issue of airworthiness certifications.

(m) Handling, storage and packing.

(n) Internal quality audits and resulting corrective actions.

(o) Work within the Terms of Approval performed at any location other than the approved facilities.

The control procedures need to include specific provisions for any critical parts.

Appendix C. JTSO Specifications including Qualitative Design Requirements (JAR 21.602)

For the purposes of Subpart O, JAR-APU is considered to be a JTSO, and the Authority has determined that it includes qualitative design requirements of significance to airworthiness.

Appendix D. List of products and applicable requirements

List 1: JAA Products Type-Certificated under Joint Certification Procedures [ Product designation JAA Data Sheet number Airbus Industrie A319/A320/A321 JAA/25/95-014 A330-300 JAA/25/93-008 A340-200,-300 JAA/25/92-004 CASA CN-235-100 JAA/25/92-005 Dornier Do 328-100 JAA/25/93-007 Dassault Aviation Falcon 2000 JAA/25/93-010 British Aerospace Jetstream 4100 JAA/25/92-002 Saab Aircraft Saab 2000 JAA/25/94-006 NOTE: For National Variants see the JAA Data Sheet.]

List 2: Other JAA Products Product Designation Certification Code TCDS Nr. Issuing NAA Additional Requirements Airbus Industrie A300B Series FAR 25 145 DGAC-F Nil A310/A300-600 Series FAR 25 145 DGAC-F Nil Aerospatiale ATR42/ATR72 JAR-25 176 DGAC-F Nil British Aerospace BAe 146 and RJ JAR-25 BA16 CAA-UK JAR 25.253 (a) (5) at Change 6 on the subject of High Speed Characteristics; JAR 25.493 (c) at Change 6 on the subject of Braked Roll Conditions; ACJ 25.607 (a) at Change 7 on the subject of Control System Fasteners; JAR 25.729 (e) at Change 6 on the subject of Landing Gear Position Indicator and Warning Device; JAR 25.733 at Change 6 on the subject of Tyres; JAR 25.735 (f) (1) & (h) (1) at Change 12 on the subject of Brake Kinetic Energy Absorption; JAR 25.783 on the subject of Cargo Door Markings, where inspection shows this necessary; JAR 25.1091 (e) at Change 7 on the subject of Foreign Object Ingestion; JAR 25.1145 (c) at Change 7 on the subject of Inadvertent Operation of Ignition Switches; JAR 25.1301/1309 on the subject of TMS Computer; ACJ 25.1301 (b) at Change 6 on the subject of Function and Installation; JAR 25.1303 (b) (4) & (c) (1) at Change 13 on the subject of Rate of Turn Indicator & Speed Warning Device; ACJ No. 1 to 25.1309 at Change 6 on the subject of Systems Reliability; ACJ No. 6 to 25.1309 at Change 6 on the subject of Segregation of Systems; JAR 25.1581 on the subject of Flight Manuals, for Wet and Dry data. Dassault Aviation Falcon 20 AIR 2051 (CAR 4b) 103 DGAC-F Nil Falcon 50 FAR 25 163 DGAC-F Nil Falcon 900 FAR 25 163 DGAC-F Nil Fokker Aircraft F27 Mk. 050 JAR-25 T-050-87 RLD-NL Nil F100 JAR-25 T-100-87 RLD-NL ACJ's Subpart B at Change 10 on the subject of Flight Test; JAR 25.365 at Change 14 on the subject of sudden decompression for the introduction of radome attachments and the introduction of calibrated latches in access doors under wing fairing. ACJ 25.603 at Change 12 on the subject of Composite Aircraft Structure JAR 25.729 on the subject of Landing Gear Warning JAR 25.735 (f) (1) & (h) (1) at Change 12 on the subject of Brake Kinetic Energy Absorption JAR 25.783 on the subject of Cargo Door Interlock and Left Airstair Door. JAR 25.809 on the subject of Overwing Exits kJAR 25.971k on the subject of Fuel System Drain. kJAR 25.1301k on the subject of Pressurisation Placard. JAR 25.1303 (b) (4) & (c) (1) at Change 13 on the subject of Rate of Turn Indicator & Speed Warning Device JAR 25.1307 on the subject of Audio Management. JAR 25.1309 on the subjects of Avionics Equipment Installation, Emergency Power, Windshield Heating, Pusher Disconnect and Flight Items. ACJ No. 1 to 25.1309 at Change 10 on the subject of Dispatch with Equipment or Functions Inoperative. JAR 25.1351 (d) at Change 14 on the subject of Operation without Normal Electrical Power BCAR Section D, C-4 on the subject of Damage Tolerance. Saab Aircraft Saab 340A/B JAR-25 A 1/84 LFV-S Nil Shorts SD3-30 BCAR Section D BA11 CAA-UK Nil SD3-60 BCAR Section D BA11 CAA-UK Nil CFMI CFM56-3 JAR-E FCM M9 DGAC-F Nil Rolls Royce Spey 511-8 BCAR Section C 1032 CAA-UK Nil RB211-22 BCAR Section C 1039 CAA-UK Nil RB211-524 BCAR Section C 1043 CAA-UK Nil RB211-535 BCAR Section C 1044 CAA-UK Nil RB211-524H BCAR Section C 1048 CAA-UK Nil Tay 620, 611-8 JAR-E 1045 CAA-UK Nil Tay 650 JAR-E 1047 CAA-UK Nil Dowty Rotol (c) R320/4-123-F/1 BCAR Section C 101 CAA-UK Nil (c) R354/4-123-F ( ) BCAR Section C 103 CAA-UK Nil (c) R352/6-123-F/1 BCAR Section C 105 CAA-UK Nil ]

List 3: Imported Products Type-Certificated under Joint Certification Procedures [ Product designation JAA Data sheet Boeing B777-200 JAA/25/95-013 B737-600,700,800 JAA/25/97-018 B757-300 JAA/25/98-019 MD-90-30,B717-200 JAA/25/96-015 MD-11 JAA/25/91-001 Bombardier Aerospace Learjet Inc. Learjet 45 JAA/25/97-017 Canadair CL600-2B19 JAA/25/92-003 BD-700-1A10 (Global Express) Cessna Model 750 (Citation X) JAA/25/99-021 Embraer EMB 145 JAA/25/97-016 IPTN CN-235-110 JAA/25/95-012 NOTE: For National Variants see the JAA Data Sheet.]

List 4: Other Imported Products Product Designation Certification Code TCDS Nr. Issuing NAA Additional Requirements Boeing B737-300/400/500 FAR 25 A16WE FAA-US JAR 25.1309 , on the subject of Attitude Display System. Installation of a Comparator Warning is required. B747-400 FAR 25 A20WE FAA-US JAR 25.365 (e) (2), Change 13, on the subject of Pressurised Cabin Loads. Installation of floor venting ports in the upper cabin floor is required; JAR 25.1309 , on the subject of Attitude Display System. Installation of a Comparator Warning is required. B757 FAR 25 A2NM FAA-US JAR 25.1309 , on the subject of Attitude Display System. Installation of a Comparator Warning is required. B767 FAR 25 A1NM FAA-US JAR 25.1309 , on the subject of Attitude Display System. Installation of a Comparator Warning is required. Bombardier – Canadair CL-600 Challenger FAR 25 A-131 Transport Canada JAR 25.341 (a), on the subject of Tuned Discrete Gusts. Introduction of revised speed limitations to reduce the gust loads (Vmo = 312 KIAS above 10,000 ft., Vmo = 301 KIAS from sea level to 10.000 ft.) is required; JAR 25.783 (e), on the subject of Cabin Doors – (Main Entry Door) -Visual Indication. Installation of a mechanical indicator, visible from the inside of the cabin, to show that the external door handle is in the locked position (in accordance with modification Nr. DF/Challenger/927) is required; JAR 25.783 (f), on the subject of Cabin Doors – (Main Entry door) – Pressurisation Interlock. Introduction of a vent flap in the door together with various warning and indication measures (in accordance with modification Nr. DF/Challenger/927) is required. Bombardier de Havilland Inc. DHC-8 FAR 25 A-142 Transport Canada JAR 25.1155 , on the subject of Propeller Pitch Settings. Installation of a Flight Idle Stop is required. Cessna Citation I FAR 25 A22CE FAA-US Nil Citation II FAR 25 A22CE FAA-US Nil Embraer EMB120, 120RT and 120ER FAR 25 EA-8505-03 CTA, Brazil Nil Gulfstream G II CAR 4b, FAR 25 A12EA FAA-US Nil G IIB CAR 4b, FAR 25 A12EA FAA-US Nil G III FAR 25 A12EA FAA-US Nil G IV FAR 25 A12EA FAA-US Nil Lockheed L1011-385 FAR 25 A23WE FAA-US Nil McDonnell Douglas DC-9 CAR 4b A6WE FAA-US For the DC-9-10/30 – JAR 25.1309 on the subject of Attitude Display System. Installation of a Comparator Warning is required. For the DC-9-30 – kJAR 25.201k on the subject of Stall Identification. Installation of a Stick Pusher is required. MD-80 FAR 25 A6WE FAA-US JAR 25.201 on the subject of Stall Identification. Changes to the Stick Pusher Operation are required (different speeds). DC-10 Srs. 10/30 FAR 25 A22WE FAA-US JAR 25.1309 , on the subject of Attitude Display System. Installation of a Comparator Warning is required. Avco Lycoming ALF502-2, 502R-3, 502-3A, 502-5, LF507 FAR 33 E6NE FAA-US Nil Garret AiResearch TFE 731 FAR 33 E6WE FAA-US Nil General Electric CF-700 CAR 13 E7EA FAA-US Nil CT7-5, CT7-9 FAR 33 E8NE FAA-US Nil CF-6 FAR 33 E13NE FAA-US Nil CF-34 FAR 33 E15NE FAA-US Nil Pratt&Whitney JT8D FAR 33 E2EA FAA-US Nil JT9D FAR 33 E3NE FAA-US Nil PW 2040 FAR 33 E17NE FAA-US Nil PW 4056, 4060, 4152, 4156, 4158 FAR 33 E24NE FAA-US Nil Pratt&Whitney Canada JT 15D-1,-4 FAR 33 E-11 Transport Canada Nil PT6A-45,-65 FAR 33 E-12 Transport Canada Nil PT6A-67 FAR 33 E-21 Transport Canada Nil PW 118, 118A, 118B, 120, 121, 123, 124, 125 FAR 33 E-19 Transport Canada Nil Hamilton Standard 14SF-7, 14SF-5, 14SFL-11, 14SF-15 FAR 35 P7NE FAA-US Nil 14RF-9 FAR 35 P11N FAA-US Nil Hartzell HC-B5MP -3A/M10282AB16, -3C/M10976ASK FAR 35 P44G FAA-US Nil HC-A6A-3/A10460E FAR 35 P14N FAA-US Nil

[Amdt. 2, 01.03.01; Amdt. 3, 01.11.01.]