The CAA has opened advanced applications for organisations wishing to seek a UK design organisation approval as part of their no-deal contingency plans. For how to apply, see here.
Organisation wishing to have their UK approval in place by 29 March 2019, should apply by 31 January 2019.
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.
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 29 March 2019?
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. Applying to the CAA for a UK DOA approval in advance of 29 March 2019 would provide continuity of approval, irrespective of the Commission’s statement.
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 currently planning for organisations submitting these details by 31 January 2019 to have UK DOA certificates in place at the point of EU exit. The CAA will use ‘best endeavours’ on applications received after this date but cannot commit to the approvals being in place on 29 March 2019.
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, which is currently out for consultation (consultation closes 7 February 2019).
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.
UPDATE: 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.
The CAA’s online application form is currently being amended to include a commitment to pay the CAA Invoice for 2019/2020 when it is issued on the 15th March 2019 (after the completion of the Scheme consultation period). 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 intends to begin issuing post-dated DOA approval certificates from the beginning of February. These will be effective from the 1st April 2019 for use in the case of UK exit without an agreement.
How do I seek an EASA Part 21-J approval as a third country organisation in preparation for a non-negotiated scenario?
UPDATE: What is the impact of the EU Commission’s statement of 19 December 2018 on my preparations?
The Commission’s statement proposes extending certain design certifications and design organisation approvals held by UK-based organisations for a limited period of time after UK exit. It should be noted that these are draft proposals and have not been ratified by the European Council and European Parliament. The UK’s own draft 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 before the end of January 2019 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.
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 29 March 2019?
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.