The Aviation Safety (Amendment) Regulations 2023
| Jurisdiction | UK Non-devolved |
| Year | 2023 |
| Citation | SI 2023/588 |
2023 No. 588
CIVIL AVIATION
The Aviation Safety (Amendment) Regulations 2023
Made 30May 2023
Laid 30May 2023
Coming into force
Regulations 1, 2, 5, 6(1), 6(3)(a), (c) and (f), 6(4)(a), (c) and (d), 6(8)(a), (c)(i) and (e)(i), 6(9)(j)(ii), 6(11)(a) to (c), 6(13)(a), 8 to 13, 15(1) and (2), 16, 17(1), (2)(a) and (3), 18, 20, 21, 22(1) and (17), 25 to 28, 29(1) and (5) and 30 to 33 21st June 2023 Remainder 1st July 2024
CONTENTS
1. Citation, commencement and extent
2. Commission Regulation (EU) No 748/2012 (initial airworthiness)
3. Amendment of Article 8 of Commission Regulation (EU) No 748/2012
4. Amendment of Article 9 of Commission Regulation (EU) No 748/2012
5. Amendment of Annex I to Commission Regulation (EU) No 748/2012
6. Amendment of Section A of Annex I to Commission Regulation (EU) No 748/2012
7. Amendment of Section B of Annex I to Commission Regulation (EU) No 748/2012
8. Amendment of Appendix II to Annex I to Commission Regulation (EU) No 748/2012
9. Amendment of Appendix VIII to Annex I to Commission Regulation (EU) No 748/2012
10. Amendment of Appendix X to Annex I to Commission Regulation (EU) No 748/2012
11. Amendment of Appendix XI to Annex I to Commission Regulation (EU) No 748/2012
12. Commission Regulation (EU) No 1321/2014 (continuing airworthiness)
13. Amendment of Article 3 of Commission Regulation (EU) No 1321/2014
14. Amendment of Article 4 of Commission Regulation (EU) No 1321/2014
15. Amendment of Article 5 of Commission Regulation (EU) No 1321/2014
16. Amendment of Article 8 of Commission Regulation (EU) No 1321/2014
17. Amendment of Annex I (Part-M) to Commission Regulation (EU) No 1321/2014
18. Amendment of Appendix III to Annex I to Commission Regulation (EU) No 1321/2014
19. Amendment of Appendix IV to Annex I to Commission Regulation (EU) No 1321/2014
20. Amendment of Appendix VII to Annex I to Commission Regulation (EU) No 1321/2014
21. Amendment of Annex II to Commission Regulation (EU) No 1321/2014
22. Amendment of Section A of Annex II to Commission Regulation (EU) No 1321/2014
23. Amendment of Section B of Annex II to Commission Regulation (EU) No 1321/2014
24. Amendment of Appendix II to Annex II to Commission Regulation (EU) No 1321/2014
25. Amendment of Annex III to Commission Regulation (EU) No 1321/ 2014
26. Amendment of Section A of Annex III to Commission Regulation (EU) 1321/2014
27. Amendment of Section B of Annex III to Commission Regulation (EU) No 1321/2014
28. Amendment of Appendix V to Annex III to Commission Regulation (EU) No 1321/2014
29. Amendment of Annex Vb to Commission Regulation (EU) No 1321/2014
30. Amendment of Appendix IV to Annex Vb to Commission Regulation (EU) No 1321/2014
31. Amendment of Annex Vd to Commission Regulation (EU) No 1321/2014
32. Amendment of Commission Regulation (EU) 2018/395 (Balloons)
33. Amendment of Commission Implementing Regulation (EU) 2018/1976 (Sailplanes)
The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 17(1),
19(1), 23(1), 27(1), 62(14) and 127(3) of Regulation (EU) 2018/1139 of the European Parliament and of
the Council of 4 July 2018 on common rules in the field of civil aviation(a).
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Aviation Safety (Amendment) Regulations 2023.
(2) This regulation and regulations 2, 5, 6(1), 6(3)(a), (c) and (f), 6(4)(a), (c) and (d), 6(8)(a), (c)(i) and
(e)(i), 6(9)(j)(ii), 6(11)(a) to (c), 6(13)(a), 8 to 13, 15(1) and (2), 16, 17(1), (2)(a) and (3), 18, 20, 21, 22(1)
and (17), 25 to 28, 29(1) and (5) and 30 to 33 come into force on 21st June 2023.
(3) All other provisions of these Regulations come into force on 1st July 2024.
(4) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Commission Regulation (EU) No 748/2012 (initial airworthiness)
2. Commission Regulation (EU) No 748/2012 of 3rd August 2012 laying down implementing rules for
the airworthiness and environmental certification of aircraft and related products, parts and appliances, as
well as for the certification of design and production organisations(b), is amended in accordance with
regulations 3 to 11.
Amendment of Article 8 of Commission Regulation (EU) No 748/2012
3. In Article 8 (design organisations), after paragraph 3 insert—
“4. By way of derogation from points 21.B.433(d)(1) and (2) of Annex I (Part 21), a design
organisation that holds a valid approval certificate issued in accordance with Annex I (Part 21) must
correct any findings of non-compliance related to the implementation of the SMS requirements
before 1 July 2026.
5. On or after 1 July 2026, where a design organisation has not corrected any findings of non-
compliance related to the implementation of the safety management requirements, that
organisation’s approval certificate must be either revoked, limited or suspended in whole or part,
dependent on the severity of the non-compliance.”.
Amendment of Article 9 of Commission Regulation (EU) No 748/2012
4. In Article 9 (production organisations)—
(a) in paragraph 1, after “(Part 21).” insert “This demonstration of capability is not required for the
parts or appliances that an organisation manufactures which, in accordance with the provisions of
(a) EUR 2018/1139, amended by S.I. 2019/645 and 2022/637.
(b) EUR 2012/748, amended by S.I. 2019/645, 2020/1116 and 2022/1235.
Annex I (Part 21), are eligible for installation in a type-certified product without the need to be
accompanied by an authorised release certificate (CAA Form 1).”;
(b) after paragraph 4 insert—
“5. By way of derogation from points 21.B.125(e) and 21.B.225(e) of Annex I (Part 21), a
production organisation that holds a valid approval certificate issued in accordance with Annex I
(Part 21) must correct any findings of non-compliance related to the implementation of the SMS
requirements before 1 July 2026.
6. On or after 1 July 2026, where a production organisation has not corrected any findings of
non-compliance related to the implementation of the safety management requirements, that
organisation’s approval certificate must be either revoked, limited or suspended in whole or part,
dependent on the severity of the non-compliance.”.
Amendment of Annex I to Commission Regulation (EU) No 748/2012
5. Annex I (Part 21) (certification of aircraft and related products, parts and appliances, and of design
and production organisations) is amended in accordance with regulations 6 to 11.
Amendment of Section A of Annex I to Commission Regulation (EU) No 748/2012
6.—(1) Section A (technical requirements) is amended as follows.
(2) In Subpart A (general provisions), after point 21.A.4 insert—
“21.A.5 Record keeping
All persons who hold, or have applied for, a type-certificate, restricted type-certificate, supplemental
type-certificate, UKTSO authorisation, design or repair approval, permit to fly, production
organisation approval certificate or letter of agreement under this Regulation must:
(a) when they design a product, part or appliance, or a change or repair to a product, part or
appliance:
1. establish and maintain a record-keeping system of the design information and data relating to
the product, part or appliance;
2. make available to the CAA information on the record-keeping system (including information
held on it) that is necessary to ensure the continued airworthiness of the product, part or appliance,
the continued validity of the operational suitability data and compliance with the applicable
environmental protection requirements;
(b) when they produce a product, part or appliance:
1. record the details of the production process relevant to the conformity of the product, part or
appliance with the applicable design data and the requirements imposed on them and their suppliers;
2. make that data available to the CAA in order to provide the information that is necessary to
ensure the continued airworthiness of the product, part or appliance;
(c) in respect of permits to fly:
1. maintain the documents produced under point 21.A.708 to establish and justify the flight
conditions and make them available to the CAA in order to provide the information that is necessary
to ensure the continued airworthiness of the aircraft;
2. where the permit to fly is issued by an organisation that has appropriate approval, maintain
the documents associated with it, including inspection records and documents that support the
approval of the flight conditions and the issue of the permit to fly itself and make them available to
the CAA in order to provide the information that is necessary to ensure the continued airworthiness
of the aircraft;
(d) retain records of the competence and qualifications, referred to in points 21.A.139(c),
21.A.145(c), 21.A.239(c), 21.A.245(a) and 21.A.245(e)(1), of the personnel that are involved in
the following functions:
1. design or production;
2. independent monitoring of the compliance of the organisation with the relevant requirements;
3. safety management;
(e) retain records of the authorisation of personnel, in respect of employed personnel that:
1. exercise the privileges of the approved organisation pursuant to point 21.A.163 or 21.A.263,
or both, as appropriate;
2. carry out the independent function to monitor the compliance of the organisation with the
relevant requirements pursuant to point 21.A.139(e) or 21.A.239(e), or both, as appropriate;
3. carry out the independent verification function of the demonstration of compliance pursuant
to point 21.A.239(d)(2).
21.A.6 Manuals
The holder of a type-certificate, restricted type-certificate, or supplemental type-certificate must
produce, maintain and update master copies of all manuals, or variations in the manuals, required by
the applicable type-certification basis, the applicable operational suitability data certification basis
and the environmental protection requirements for the product or article, and provide copies, on
request, to...
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