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.
If no deal is agreed between the EU and the UK, organisations (Part 21 Subpart J) designing aeronautical products for the 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 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 if no deal is reached, 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 by the exit date. The US agreement has been finalised and can be found here. The Canada agreement has been finalised and can be found here.
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.
Do I need to apply for a UK Design Organisation approval before the UK leaves the EU?
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. This preserves the validity of DO approvals issued by EASA to a UK DO before exit date for 9 months from the day after exit day. Applying to the CAA for a UK DOA approval in advance of the UK’s exit from the EU would provide continuity of approval, irrespective of the Commission’s position.
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 still planning for those organisations that submitted the necessary details before 31 January 2019 to have UK DOA certificates in place at the point of EU exit. The CAA is using ‘best endeavours’ on applications received after this date but cannot commit to the approvals being in place at the time that the UK leaves the EU.
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 place, organisations would be invoiced for continuation surveillance of the approval under the 2019 Scheme of Charges.
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.
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 place, organisations will be invoiced for continuation surveillance of the approval under the 2019 Scheme of Charges.
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 date at which the UK leaves the EU if no deal is agreed
How do I seek an EASA Part 21-J approval as a third country organisation in preparation for a non-negotiated scenario?
What is the impact of the EU’s no deal regulation on my preparations?
The Commission’s regulation extends certain design certifications and design organisation approvals held by UK-based organisations for a limited period of time after UK exit. The UK’s own legislation already includes provision for the CAA to continue to accept EASA approvals for a time limited period.
We would encourage organisations to continue with their contingency preparations for a non-negotiated withdrawal, including considering the need to apply for a UK DOA in order to access the UK’s bilateral aviation safety agreements after the date of EU exit.
The CAA is currently clarifying the effect of the Commission’s statement on bilaterals with the FAA and will advise via this microsite if there is any change to the current position: that EASA DOA approvals will no longer provide access to UK companies to the EU/US bilaterals after exit date (as the UK will become a third country) and that a UK DOA would be required in order to access the UK/US bilateral.
*UPDATE* Does a delay in the original EU Exit date from 29 March 2019 affect the post-dated UK Part 21 DOA Certificates that have been issued by the CAA ?
The approval documents only come into effect after the UK leaves the EU in a no deal scenario, regardless of the date. The delay has no impact on this. UK-based DOAs with EASA approvals must continue to use these approvals until the UK formally withdraws from the EU.
The CAA is aware of the changes to the Basic Regulation leading to amended terminology for some privileges (now termed obligations). As these are minor in nature and do not change the substance, the CAA is not intending to reissue certificates using the new terms prior to the exit date.
Amended certificates will be issued after the first CAA surveillance visit or following the first significant change after EU exit, whichever is the sooner.
Does the CAA intend to re-issue post-dated DOA certificates if the actual date of EU exit is later than the date on the certificate?
PART 21-J DESIGN ORGANISATION APPROVAL WHERE THE PRINCIPAL PLACE OF BUSINESS IS IN AN EASA MEMBER STATE
Would my organisation continue to be able to operate its design facilities in the UK?
Would the CAA continue to accept EASA Supplemental Type Certificates and other design changes approved in the EASA system?
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 after the UK leaves the EU?
No, a separate UK design organisation approval is not necessary. As part of our no-deal contingency planning, the CAA is finalising 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.
How would the UK’s exit from the EU affect the application of Airworthiness Directives for the UK-registered aircraft that I own, operate or manage?
All EU regulations applicable at the point of UK exit would be retained in UK domestic legislation in a no-deal scenario, 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, Airworthiness Directives issued or adopted by EASA, plus any Airworthiness Directives notified by the State of Design.
You can view CAP 747 here: http://publicapps.caa.co.uk/docs/33/CAP747_21JUL17_BM.pdf
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 firstname.lastname@example.org