The UK-EU trade deal, announced on 24 December 2020, includes agreements on air transport and aviation safety which are due to come into effect at 23.00 GMT on 31 December 2020 when the UK ceases to take part in the EU Aviation Safety Agency (EASA) and other EU institutions.

While the agreements involve some elements of continuity, they do not constitute a replication of the UK’s regulatory arrangements as part of the EASA/EU framework and many sections of the aviation and aerospace industries will face changes after 31 December, as this microsite sets out.

We will study the detail of the new agreements and will update relevant pages of the microsite as information becomes clearer about how the new arrangements will work in practice. We will 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

After 31 December 2020, functions currently performed by EASA in relation to approvals for UK organisations designing aeronautical products and approvals for third country organisations pass to the CAA. The CAA has been preparing to take on these responsibilities since the EU referendum.

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

The Technical Implementation Procedures (TIP)

We are aware that organisations across the aerospace enterprise from design and production to maintenance organisations are currently waiting for the Technical Implementation Procedures (TIP) to complement the EU–UK Trade and Cooperation Agreement (the TCA). The TIP will set out how specific elements of the Aviation Safety Agreement Annex on design, production and oversight of the agreement will be implemented.

Colleagues at the CAA and EASA are working hard to negotiate this at present, and we expect it to be finalised within the coming months. In the meantime, we have agreed with EASA and the European Commission interim arrangements to allow for continued mutual recognition of approvals and certificates for production and the recognition of designs approved on or before 31 December 2020. This means the UK and the EU will continue to automatically accept products made on or before 31 December by organisations in product categories accepted within the EASA system. Any new category of product made for export after 1 January 2021 will be subject to a review process before being accepted for import by the other party.

The UK will also, in most cases, accept designs approved by EASA without the need for validation. The particulars of what designs need to be validated are contained within the Air Safety Agreement annex in the TCA, and the means of how they will be validated is being discussed as part of the TIP negotiations.

Until the TIP is signed, in case you have a project to be validated in the EU, please contact EASA directly.

We would like to reassure you that finalising and agreeing the TIP with EASA is our utmost priority.

UPDATE: As a UK-based design organisation, what can I do to ensure continuity of business?

By holding a UK 21J approval, access to the UK market is retained.

A UK 21J approval also provides access to the European market, with new design certificates being either validated or accepted by EASA, as defined in the Trade and Cooperation agreement between EU-UK.

UK 21J approval holders also have access to other markets via the UK bilateral arrangements which are in place, examples include the US, Canada and Brazil. Further details can be found here.

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How much will the CAA charge for the UK J21 application?

As set out in the 2019-20 and 2020-21 Scheme of Charges, which were published after industry consultation, a transition fee will be levied, payable after the issue of a UK Part 21J Certificate. The revenue generated from this charge contributes toward the significant costs of establishing the CAA’s Design and Certification capability as necessitated by the UK’s exit from the EASA system.

Approval holders will then be liable for annual continuation fees to cover ongoing surveillance of the approval, in accordance with the Scheme of Charges then in force. The next fee will be payable from 1 April 2021 and a payment plan will be available.

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UPDATE: As a UK-based DOA, do I need to apply for an EASA Part 21-J approval as a third country organisation to retain access to the European market?

The UK-EU trade and co-operation agreement recognises that design certificates issued prior to 31 December 2020 remain valid.

From 1 January 2021 access to the European market is made possible with a UK Part 21J approval, with new design certificates being either validated or accepted by EASA. The processes are defined in the agreement.

Other UK Bilateral arrangements have been put in place to provide access for UK 21J approval holders to other markets. Refer to the CAA website for further details:  https://www.caa.co.uk/Commercial-industry/Aircraft/Airworthiness/Organisation-and-maintenance-programme-approvals/Bilateral-agreements/What-is-a-bilateral-agreement/

 

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UPDATE: What happens to the post-dated UK 21J DOA certificates that have been issued by the CAA?

They came into effect on 1 January 2021.UK-based DOAs with EASA approvals must continue to use their EASA approvals until 31 December 2020.

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UPDATE: Will the CAA continue to accept EASA design certificates approved in the EASA system that are valid on 31 December 2020?

Yes. Article 15 of the UK-EU trade and co-operation agreement includes provisions to continue to recognise EASA Type Certificates, Supplemental Type Certificates, approvals for changes and repairs, as well as Technical Standard Order authorisations approved in the EASA system that are valid on 31 December 2020.

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UPDATE: Will the CAA continue to accept EASA design certificates approved in the EASA system after 31 December 2020?

Type certificates issued by EASA will need to be validated by the CAA.

Significant supplemental type certificates and approvals for significant major changes issued by EASA will need to be validated by the CAA.

Non-significant supplemental type certificates, non-significant major changes and technical standard order authorisations issued by EASA, or by an EASA Part 21J approved organisation, will be accepted by the CAA.

Minor changes and repairs approved by EASA, or by an EASA Part 21J approved organisation, will be accepted by the CAA.

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UPDATE: As a design organisation based outside the UK, do I need a third country approval from the CAA to allow my designs to be installed on UK-registered aircraft?

For those organisations with a Principle Place of Business in a state with which the UK has a bilateral arrangement, a separate UK design organisation approval is not necessary. As part of our original contingency planning, the CAA established 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.

Refer to the individual bilateral arrangements for details.

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UPDATE: Will EASA Type Certificates for validated products still be recognised for UK–registered aircraft?

An EASA Type Certificate for aircraft where the State of Design is not an EASA member state (e.g. USA or Canada), which is valid on 31 December 2020, will remain valid until such time that the certificate is amended.

Type certificates, supplemental type certificates, approvals for changes and repairs, as well as technical standard order authorisations issued by EASA, or by an EASA Part 21J approved organisation, which are valid on 31 December 2020, continue to be accepted by the CAA.

Type certificates issued by EASA for Products where it fulfils the State of Design responsibilities after 31 December 2020 will need to be validated by the CAA.

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UPDATE: Will EASA continue to accept EASA design certificates from UK-based DOA’s approved in the EASA system prior to 31 December 2020?

Yes, article 15 of the Trade and Cooperation agreement between EU-UK, recognises EASA Type Certificates, Supplemental Type Certificates, approvals for changes and repairs, as well as Technical Standard Order authorisations approved in the EASA system and valid on 31 December 2020.

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UPDATE: Would EASA accept design certificates from UK 21J DOA’s approved in the CAA system after 31 December 2020?

Type certificates issued by CAA will need to be validated by the EASA.

Significant supplemental type certificates and approvals for significant major changes issued by CAA will need to be validated by the EASA.

Non-significant supplemental type certificates, non-significant major changes and technical standard order authorisations issued by CAA, or by an UK 21J approved organisation, will need to be validated by EASA.

Minor changes and repairs approved by CAA, or by a UK 21J approved organisation, will be accepted by EASA.

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UPDATE: I have an A8-21 design organisation approval, do I need to apply for a UK 21J DOA?

A8-21 only applies to what we refer to as national, Annex I, aircraft, this does not change after the 31 December. If you wish to support (EASA) Part 21 aircraft a UK 21J DOA will be required.

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UPDATE: What is a ‘Part 21 aircraft/product’?

A Part 21 aircraft/product is the term which until 31 December 2020 we have called EASA aircraft and products.

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AIRWORTHINESS DIRECTIVES

UPDATE: How does the UK leaving EASA affect the application of Airworthiness Directives for the UK-registered aircraft that I own, operate or manage?

All EU regulations current and valid on 31 December 2020 are retained in UK domestic legislation, including Regulation (EU) No 1321/2014, Part M. This means owners, operators and Continuing Airworthiness Management Organisations (CAMOs) must 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. 

Issue 4 of CAP 747 has been updated to reflect the new UK-EU framework. 

Section 1, Part 1 provides new flowcharts to assist in identifying the applicable mandatory requirements for airworthiness relating to your product. The revision history in CAP 747 provides more details on the changes to the CAP.

You can view CAP 747 here: www.caa.co.uk/CAP747

 

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UPDATE: With the UK outside EASA, has the classification of aircraft in CAP 747 changed?

Issue 4 of CAP 747 has been published to reflect the new UK-EU regulatory arrangements.

Each aircraft type is categorised as either:

  • a “Part 21 aircraft”; an aircraft that is included in the scope of Regulation (EU) 2018/1139 (as retained by The European Union (Withdrawal) Act 2018); or
  • a “non-Part 21 aircraft”; an aircraft that is subject to the Air Navigation Order.

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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