Commission Delegated Regulation (EU) 2022/1358 of 2 June 2022 amending Regulation (EU) No 748/2012 as regards the implementation of more proportionate requirements for aircraft used for sport and recreational aviation

1 This Regulation lays down, in accordance with Articles 19 and 62 of Regulation (EU) 2018/1139, common technical requirements and administrative procedures for the airworthiness and environmental certification of products, parts and appliances specifying: (a) the issue of type certificates, restricted type certificates, supplemental type certificates and changes to those certificates; (b) the issue of certificates of airworthiness, restricted certificates of airworthiness, permits to fly and authorised release certificates; (c) the issue of repair design approvals; (d) the showing of compliance with environmental protection requirements; (e) the issue of noise certificates and restricted noise certificates; (f) the identification of products, parts and appliances; (g) the certification of certain parts and appliances; (h) the certification of design and production organisations; (i) the issue of airworthiness directives; (j) the making of declarations of design compliance and changes to those declarations; (k) the making of declarations of design and production capability.

2 For the purpose of this Regulation, the following definitions shall apply: (a) “JAA” means the “Joint Aviation Authorities”; (b) “JAR” means “Joint Aviation Requirements”; (c) “Part 21” means the requirements and procedures for the certification of aircraft and related products, parts and appliances, and of design and production organisations laid down in Annex I (Part 21) to this Regulation; (d) “Part 21 Light” means the requirements and procedures for the certification or declaration of design compliance of aircraft intended primarily for sports and recreational use and related products and parts, and declaration of design and production capability of organisations laid down in Annex Ib (Part 21 Light) to this Regulation; (e) “principal place of business” means the head office or registered office of the undertaking within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised; (f) “article” means any part and appliance to be used on civil aircraft; (g) “ETSO” means European Technical Standard Order. The European Technical Standard Order is a detailed airworthiness specification issued by the European Union Aviation Safety Agency (the “Agency”) to ensure compliance with the requirements of this Regulation as a minimum performance standard for specified articles; (h) “EPA” means European Part Approval. European Part Approval of an article means that the article has been produced in accordance with approved design data not belonging to the type-certificate holder of the related product, except for ETSO articles; (i) “ELA1 aircraft” means the following manned European Light Aircraft: (i) an aeroplane with a maximum take-off mass (MTOM) of 1200 kg or less that is not classified as complex motor-powered aircraft; (ii) a sailplane or powered sailplane of 1200 kg MTOM or less; (iii) a balloon with a maximum design lifting gas or hot air volume of not more than 3400 m3 for hot air balloons, 1050 m3 for gas balloons, 300 m3 for tethered gas balloons; (iv) an airship designed for not more than four occupants and a maximum design lifting gas or hot air volume of not more than 3400 m3 for hot air airships and 1000 m3 for gas airships; (j) “ELA2 aircraft” means the following manned European Light Aircraft: (i) an aeroplane with a maximum take-off mass (MTOM) of 2000 kg or less that is not classified as complex motor-powered aircraft; (ii) a sailplane or powered sailplane of 2000 kg MTOM or less; (iii) a balloon; (iv) a hot air airship; (v) a gas airship complying with all of the following characteristics: 3 % maximum static heaviness, non-vectored thrust (except reverse thrust), conventional and simple design of structure, control system and ballonet system, non-power assisted controls; (vi) a rotorcraft with an MTOM not exceeding 600 kg which is of a simple design, designed to carry not more than two occupants, not powered by turbine and/or rocket engines; restricted to VFR day operations; (k) “operational suitability data (OSD)” means data, which is part of an aircraft type certificate, restricted type certificate or supplemental type certificate, consisting of all of the following: (i) the minimum syllabus of pilot type rating training, including determination of type rating; (ii) the definition of scope of the aircraft validation source data to support the objective qualification of simulators or the provisional data to support their interim qualification; (iii) the minimum syllabus of maintenance certifying staff type rating training, including determination of type rating; (iv) determination of type or variant for cabin crew and type-specific data for cabin crew; (v) the master minimum equipment list.’;

1 Products, parts and appliances shall be issued certificates as specified in Annex I (Part 21).

2 By way of derogation from paragraph 1 of this Article, certificates may be alternatively issued as specified in Annex Ib (Part 21 Light) for the following products: (a) an aeroplane with a maximum take-off mass (MTOM) of 2000 kg or less and a maximum operational seating configuration of four persons; (b) a sailplane or powered sailplane of 2000 kg MTOM or less; (c) a balloon; (d) a hot air airship; (e) a passenger gas airship designed for not more than four persons; (f) a rotorcraft of 1200 kg MTOM or less and a maximum operational seating configuration of four persons; (g) a piston engine or fixed pitch propeller that is intended to be installed on an aircraft referred to in points (a) to (f); or (h) a gyroplane.

3 By way of derogation from paragraphs 1 and 2 of this Article, a declaration of design compliance may alternatively be made, as specified in Annex Ib (Part 21 Light), for the following products: (a) an aeroplane of 1200 kg MTOM or less that is not jet-powered and with a maximum operational seating configuration of two persons; (b) a sailplane or a powered sailplane of 1200 kg MTOM or less; (c) a balloon designed for not more than four persons; (d) a hot air airship designed for not more than four persons.

4 By way of derogation from paragraphs 1 to 3 of this Article, aircraft, including any installed product, part and appliance, which are not registered in a Member State shall be exempted from the provisions of Subparts H and I of Section A of Annex I (Part 21) and Subparts H and I of Section A of Annex Ib (Part 21 Light). They shall also be exempted from the provisions of Subpart P of Section A of Annex I (Part 21) and Subpart P of Section A of Annex Ib (Part 21 Light), except where aircraft identification marks are prescribed by a Member State.’;

1 A holder of a valid type certificate or a supplemental type certificate issued, or deemed to have been issued, by the Agency under Annex I (Part 21) may, until 25 August 2025 request to the Agency to maintain, from a given date, the type design approved under that certificate in accordance with Annex Ib (Part 21 Light), provided that the product covered by that certificate is within the scope of Article 2(2).

2 Where a request is made pursuant to paragraph 1, that type certificate or supplemental type certificate shall be governed, as of the given date referred to in paragraph 1, by the provisions of Annex Ib (Part 21 Light) regarding the type certificates or supplemental type certificates, as applicable. The Agency shall amend the type certificate data sheet or supplemental type certificate data sheet accordingly.’;

1 The Agency shall develop acceptable means of compliance (“AMC”) which competent authorities, organisations and personnel may use to demonstrate compliance with the provisions of Annex I (Part 21) and Annex Ib (Part 21 Light).

2 The AMC issued by the Agency shall neither introduce new requirements nor alleviate the requirements of Annex I (Part 21) and Annex Ib (Part 21 Light).’;

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 25 August 2023.