Following the UK’s exit from the EU on 31 January, a transition period will apply until 31 December 2020. During this period, the UK and the aviation sector will continue to follow EU law and to participate in the European Aviation Safety Agency (EASA) system. As a result, businesses and individuals operating in the UK should see no change to existing conditions during the transition period, while the longer-term UK-EU relationship on aviation is determined. Please see the homepage for further details.

A fuller outline of the position as the UK enters the transition period is available here.

While the respective positions outlined in the UK Government and EU negotiating mandates indicate what both sides want in terms of future agreements on air transport and aviation safety and security, the conditions that will exist after the end of the transition period are still uncertain. Given this uncertainty, the FAQ information below should not be regarded as exhaustive and will be subject to change.

As the UK-EU negotiations move forward and more information becomes available, the CAA will update these FAQs and notify stakeholders of the updates through the SkyWise alert system. If you haven’t already done so, please subscribe to the EU exit category in the SkyWise system: skywise.caa.co.uk

On the basis that the UK’s membership of the EASA system ceases at the end of the transition period and if there is no mutual recognition of safety certificates between the UK and European systems, the functions currently performed by EASA in relation to approvals for UK organisations designing aeronautical products and approvals for third country organisations would pass to the CAA. The CAA has been preparing to take on these responsibilities since the EU referendum.

In this scenario, organisations (Part 21 Subpart J) designing aeronautical products for the UK and European market might need to take action to maximise continuity and stability for the aviation sector. The actions required would depend on individual circumstances and are a matter for each business and individual to consider. This page sets out what you need to consider to prepare for such an eventuality.

PART 21-J DESIGN ORGANISATION APPROVAL (UK PRINCIPAL PLACE OF BUSINESS)

What can I do to ensure continuity of business?

To minimise disruption to your business with the UK outside EASA and if there is no mutual recognition of safety certificates, there are two options available to you. In order to maintain an EASA 21-J approval in the UK, your organisation would need to seek approval from EASA as a third country organisation or to register your business in that state. Organisations should be aware that their ability to design parts and appliances for customers located outside the EU Member States (i.e. EU air safety bilateral partner countries such as the US) would no longer apply as EU bilateral agreements do not apply to approvals issued in third countries.

The UK CAA has been in discussions with the US, Canada and Brazil to ensure bilateral agreements are in place as soon as they are required. The US agreement has been finalised and can be found here. The Canada agreement has been finalised and can be found here.

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If I retain my EASA 21-J approval, and keep my principal place of business in the UK, what privileges would I lose as a result of being a third country organisation?

This is a decision for EASA. European regulations allow organisations outside the EU to hold Design Organisation Approvals and associated Privileges. The CAA understands that the EU Bilateral Arrangements do not apply to organisations located in third countries, organisations producing designs intended for acceptance by Bilateral partners should note this for their discussions with EASA.

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Do I need to apply for a UK Design Organisation approval before the end of the transition period?

The EU Commission’s notice to stakeholders of April 2018 advised that certificates for UK design organisations would no longer be valid in the EU in the case of an exit without an agreement. This position was subsequently amended by the adoption of a new EU regulation on aviation safety last year. The EU’s position on this has not changed. Organisations should therefore keep a watch for any changes from the EU. The CAA will provide information on the microsite if it becomes available.

What information do I need to provide to the CAA to obtain this approval?

Please see the application guidance on the CAA website.

When do I need to apply for this approval?

The CAA is planning for those organisations that submitted the necessary details before 31 January 2020 to have UK DOA certificates in place prior to the end of the transition period - at which point they would come into effect. UK DOA organisations that did not apply before 31 January are encouraged to review their positions and consider making applications should 31 December 2020 be reached with the UK outside EASA and no agreements for mutual recognition.

How much will the CAA charge for this application? 

The CAA has decided not to levy an up-front charge for the administration process of issuing these approvals, provided the scope is the same as the EASA approval and no technical investigation is required. Once the approval is in effect, organisations would be invoiced for continuation surveillance of the approval under the Scheme of Charges then in force.

Is it only Design Organisations that need to provide the CAA with this information?  

Yes, as the CAA already issues the Part 145 Maintenance and Part 21 Production approvals in the UK. Therefore, we already have the necessary information in our systems and are not intending to issue new certificates for these approvals prior to exit.

Note: The information CAA has requested mirrors that sought by EASA for its own advance applications for Third Country Part 145 and Part 21 Production approvals for organisations located in the UK. As these approvals are issued by national authorities, EASA does not have this information in its own systems either.

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How much is the CAA charging for this application process?

The CAA has decided not to levy an up-front charge for the administration process of issuing these approvals, provided the scope is the same as the EASA approval and no technical investigation is required. Once the approval is in effect, organisations would be invoiced for continuation surveillance of the approval under the Scheme of Charges then in force.

Those organisations that have already applied will be requested to provide e-mail confirmation of commitment to pay the invoice to allow their applications to be processed.

Where this commitment has been received, the CAA has begun issuing post-dated DOA approval certificates. These will be effective from the end of the transition period if no mutual recognition of certificates has been agreed.

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What is the impact of entering the transition period on my preparations?

On the basis that the UK’s membership of the EASA system ceases at the end of the transition period and if there is no mutual recognition of safety certificates between the UK and European systems, we would advise organisations to continue with their contingency preparations including considering the need to apply for a UK DOA in order to access the UK’s bilateral aviation safety agreements after this scenario came into effect.

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What effect does entering the Transition Period have on the post-dated UK Part 21 DOA Certificates that have been issued by the CAA?

The approval documents would only come into effect with the UK outside EASA and no mutual recognition of safety certificates.

UK-based DOAs with EASA approvals must continue to use these approvals until such a situation occurred.

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PART 21-J DESIGN ORGANISATION APPROVAL WHERE THE PRINCIPAL PLACE OF BUSINESS IS IN AN EASA MEMBER STATE

Would the CAA continue to accept EASA Supplemental Type Certificates and other design changes approved in the EASA system?

Yes, the same legislation would ensure EASA Supplemental Type Certificates and other EASA design changes and repairs approved in the EASA system before that scenario occurred would remain valid.

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DESIGN ORGANISATION APPROVAL (NON-UK PRINCIPAL PLACE OF BUSINESS)

Do I need a third country approval from the CAA to allow my designs to be installed on UK-registered aircraft in the transition period?

No, a separate UK design organisation approval is not necessary. As part of our original contingency planning, the CAA finalised procedures for the proportionate validation of designs intended for installation on UK-registered aircraft which have been approved by a bilateral partner or other National Authorities. These procedures remain available for a scenario in which UK participation in EASA ceased and there was no mutual recognition of safety certificates.

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AIRWORTHINESS DIRECTIVES

How does the UK’s exit from the EU affect the application of Airworthiness Directives for the UK-registered aircraft that I own, operate or manage?

 

On the basis that the UK’s membership of the EASA system ceases at the end of the transition period and if there is no mutual recognition of safety certificates between the UK and European systems, all EU regulations applicable at that point would be retained in UK domestic legislation, including Regulation (EU) No 1321/2014, Part M. This means owners, operators and Continuing Airworthiness Management Organisations (CAMOs) would continue to review and apply applicable Airworthiness Directives to their respective fleets based on requirements for the aircraft and its engines, propellers and equipment as set out in CAP 747 Mandatory Requirements for Airworthiness. 

CAP 747 will be re-issued following UK withdrawal from the EU.

You can view the current (pre-Brexit) CAP 747 here: www.caa.co.uk/CAP747

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Some of the regulation references in CAP 747 have been repealed, typically references to Regulation (EU) 216/2008 concerning EASA and non-EASA aircraft. Where can I find the latest information?

The CAA is aware that CAP 747 currently has some out-of-date references and is in the process of updating the document. Reference to superseded or amended regulations should be taken to mean the current version of the applicable regulation in force. The CAA will ensure any mandatory requirements for UK-registered aircraft are reflected within CAP 747 and also made available via the CAA website Airworthiness Directive page. For enquiries relating to ADs, please email ad.unit@caa.co.uk

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TYPE CERTIFICATES

Will EASA Type Certificates still be recognised for UK-registered aircraft?

Yes. A Type Certificate issued, validated or accepted by EASA that was valid at the end of the transition period will continue to be valid.

An EASA Type Certificate for aircraft where the State of Design is not an EASA member state (e.g. USA or Canada), will remain valid until such time that the certificate is amended.

The CAA will publish further information regarding how Type Certificates issued by EASA and other countries will be validated once the final UK-EU aviation arrangements are known.

With aircraft that currently have an EASA Type Certificate and the State of Design is the UK, responsibility for these certificates will transfer from EASA to the UK immediately with the UK outside EASA and no mutual recognition of safety certificates. These EASA Type Certificates will continue to be valid but will be replaced with a UK certificate in due course.

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