If no deal is agreed between the EU and the UK, organisations (Part 21 Subpart G) manufacturing aeronautical products for the European market might need to take action to maximise continuity and stability for the aviation sector. 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-G PRODUCTION ORGANISATION APPROVAL (POA) - UK PRINCIPAL PLACE OF BUSINESS
Can my POA ensure acceptable releases of parts and spares in the scenario where the UK leaves the EU without an agreement and we can no longer use an EASA Form 1?
Provision has been made to retain Part 21 in UK legislation. This is intended to include a CAA Authorised Release Certificate – the CAA Form 1, which is being designed so as to have as identical a layout to the EASA Form 1 as possible.
This would mean that after the EU exit date oversight would continue to be performed by the CAA using the same personnel, the same requirements and therefore to the same standard as those in place prior to EU exit. Organisations with Part 21 POA approvals issued by the CAA would be authorised to make releases using the CAA Form 1 from exit day.
While the UK would no longer be part of the EASA system, the same technical regulations and standards would continue to apply in the UK, and UK industry would be subject to the same CAA oversight as it was before exit day. There is no practical reason for other authorities not to accept UK-issued safety certificates, though that decision is a matter for the EU and EASA.
To minimise potential disruption to industry and passengers, the planned legislation presently includes provision for UK recognition of EASA approvals and certificates for up to 2 years after EU exit to allow the continued acceptance of EU-produced components and spares for UK operators and organisations. The CAA has also advanced discussions with key Bilateral partners (FAA, Transport Canada and ANAC of Brazil) to ensure acceptance of the CAA Form 1 in those jurisdictions should it no longer be possible to utilise an EASA Form 1 after EU exit.
To date, the CAA has not been able to hold discussions with EASA about EU exit contingency planning, so we are unable to comment on how it plans to similarly limit the impacts that would occur should UK products cease to be acceptable for installation on aircraft registered in EASA member states. We therefore suggest that companies should take this up with EASA directly as soon as possible.
I currently have a Part 21 Subpart G approval located in the UK, what would the impact be on my organisation?
From exit day you would no longer be able to make releases using an EASA Form 1. UK legislation would be amended so that production organisations approved to Part 21G by the CAA would remain approved and may continue to make production releases using a CAA Form 1. We cannot guarantee mutual acceptance of that release outside the UK and its bilateral partners.
To be able to produce and release parts using an EASA Form 1 and restore mutual acceptance within the EASA Member States, UK-based production organisations would need to obtain an EASA Part 21 Subpart G approval directly from EASA.
Can I seek a new 21-G approval from EASA before the formal withdrawal date?
From October 2 2018, EASA has said that it will accept third country applications from UK holders of 21-G approvals. Organisations will need to decide whether, in a non-negotiated withdrawal, they wish to retain both a national and an EASA approval.
The CAA intends to continue to recognise current (and valid) EASA certificates for an initial period of up to two years, but no decision has been made about ongoing validity after this period.
Organisations will need to retain their UK approvals should they wish to access the benefits of any Bilateral Air Safety Agreement the UK has in place with third countries. Having a third country approval from EASA is unlikely to give you access to the benefits of the EU’s current Bilateral Air Safety Agreements.
Would I be able to continue to issue EASA Form-1 certificates for my products?
No – once the UK formally leaves the EU, you would no longer be able to issue EASA-approved Form 1 certificates. The UK would issue Form 1 certificates independent of the EASA system. More information about CAA Form 1s will be available when the format of the document is released as part of the legislative process.
Would Form 1 certificates issued by UK organisations be accepted by EASA for use on EU-registered aircraft?
Would Form 1 certificates issued by UK organisations be accepted by third countries (i.e. USA)?
Would Form 1 certificates issued by UK organisations be accepted by third countries where we have no Bilateral Air Safety Agreements in place?
Would there be any impact on my business if my Part 21-G approval is issued by EASA?
Within the EU there should be no restrictions on what you can manufacture, providing the design is approved in the EASA system. However, approval by the CAA would be necessary for products, parts and appliances that would be exported to a State where the UK has entered into a bilateral air safety arrangement.
My organisation releases parts to European aerospace companies via a Certificate of Conformity (C of C), would I still be able to manufacture products using this process?
UPDATE: What is the impact of the European Commission’s statement of 19 December 2018 on my preparations?
Part 21 Subpart G organisation approvals are not affected by any of the extensions that the Commission has proposed within the draft regulations. There is no proposed extension to a UK POA’s ability to release via EASA Form 1s after the EU exit date. Therefore, We would encourage organisations to continue with their preparations, including planning to release parts under the UK POA with a UK Form 1 after 29th March 2019 (in case of a non-negotiated withdrawal) and consider whether to apply for EASA Third Country approval to allow continued releases using an EASA Form 1.
Note that if ratified, the Commission’s proposals would allow continued installation of parts released with a UK-issued EASA Form 1 prior to UK exit, which is a change from the previous position in April 2018.
PART 21-G PRODUCTION ORGANISATION APPROVAL (POA) – APPLICATIONS FROM OUTSIDE THE UK
As an overseas Part 21 POA Holder (approval issued by the NAA of an EU member state or directly by EASA), do I need to apply for a UK third country approval to be able to continue to supply production parts to the UK with an EASA Form 1?
No, provided your NAA/EASA Part 21G approval is in place on the date of EU exit (29 March 2019). UK legislation would provide for the continued acceptance of EASA Form 1s received from overseas POAs holding valid Part 21G approvals on the day of EU exit for a time-limited period and CAA does not intend to accept applications from such organisations during this period.
An organisation obtaining Part 21G approval from EASA or an EU Member State after 29 March 2019 would need to make an application as the arrangements for continued acceptance of EASA Form 1s after the date of EU exit would not apply in a non-negotiated withdrawal scenario.