21.A.20 Demonstration of compliance with the type certification basis, operational suitability data certification basis and environmental protection requirements

Point 21.A.20 applies to the compliance demonstration process for a type certificate (TC) (or a restricted type certificate (RTC)) and, by cross references to Part 21 Subpart D and E, to compliance demonstration processes for major changes to a TC (see point 21.A.97(b)(3)) and an STC (see point 21.A.115(b)(4)). Applicants for a TC (or an RTC) should apply point 21.A.20 in full. Applicants for a major change to a TC (or an STC) are required (see points 21.A.97(b)(3) and 21.A.115(b)(4)) to apply point 21.A.20 as applicable to the change. ‘As applicable to the change’ means that: the certification programme to be followed is the one prepared for the major change or STC in accordance with point 21.A.93, as accepted by EASA; and the certification basis (consisting of the type-certification basis, operational suitability data (OSD) certification basis, and the environmental protection requirements) is the one established by EASA in accordance with point 21.A.101 and notified to the applicant in accordance with point 21.B.105 (for a major change to a TC) or point 21.B.109 (for an STC). Point 21.A.20 also applies to major changes to a TC or an STC approved by design organisation approval (DOA) holders under their privilege as per point 21.A.263(c)(8) or (9) (see also points 21.A.97(b)(3) and 21.A.115(b)(4)). As in this case there is no application and no EASA involvement, point 21.A.20 should be applied with the following adaptions: the certification programme to be followed, including the certification basis and the detailed means of compliance, should be almost identical to the one accepted by EASA for a major change or an STC when approved for the scope of the privilege as per point 21.A.263(c)(8) or (9); it may differ in some aspects (e.g. the detailed description of the changes), but it should be shown to remain in the frame of the corresponding justification document; and the means by which such compliance has been demonstrated (see point 21.A.20(a)) and the final declaration of compliance (see point 21.A.20(e)) should be kept on record and submitted to EASA only if EASA requests them during its DOA continued surveillance process.

The applicant should report to EASA any unexpected difficulty or event encountered during the compliance demonstration that invalidates or appreciably affects the assumptions previously made, for example: an increase in the severity of the consequences of a certain condition (e.g. failure mode) of the product; significantly reduced margin(s) for the ‘pass–fail’ criteria of the compliance demonstration; changes to the test sequences and conditions that are not in line with the certification specifications or guidance; an unusual interpretation of the results of the compliance demonstration; and any significant failure or finding resulting from the tests performed as per points 21.A.33 or 21.A.35. The applicant should also evaluate whether the unexpected difficulty or event encountered will impact on the certification programme and, if necessary, amend it as per point 21.A.15(c).

1.Compliance documentation comprises one or more test or inspection programmes/plans, reports, drawings, design data, specifications, calculations, analyses, etc., and provides a record of the means by which compliance with the applicable type-certification basis, the operational suitability certification basis and environmental protection requirements is demonstrated.

2.Each compliance document should normally contain: the reference of the certification specifications, special conditions or environmental protection requirements addressed by the document; substantiation data demonstrating compliance (except test or inspection programmes/plans); a statement by the applicant declaring that the document provides the proof of compliance for which it has been created; and the appropriate authorised signature.

3.Each compliance document should be unequivocally identified by its reference and issue date. The various issues of a document should be controlled and comply with point 21.A.55.

All compliance demonstrations in accordance with the certification programme, including all the inspections and tests in accordance with point 21.A.33 and all flight tests in accordance with point 21.A.35, should be completed before the issuance of the final statement of compliance required by point 21.A.20(d). If so agreed by EASA, some compliance documentation may be produced after the issuance of the final statement of compliance required by 21.A.20(d). ‘No feature or characteristics’ in point 21.A.20(d)2 means the following: while every effort is made to address in the applicable certification basis all the risks to product safety that may be caused by the product, experience shows that safety-related events may occur with products in service, even though compliance with the certification basis is fully demonstrated. One of the reasons may be that some existing risks are not properly addressed in the certification basis. Therefore, the applicant has to declare that they have not identified any such features or characteristics. Point 21.A.20 also applies by reference to minor changes, in which case the risk to product safety or to environmental compatibility is quite low. Nevertheless, minor changes should not be approved if either the applicant/design organisation approval (DOA) holder approving minor changes under their privileges, or EASA, is aware of a feature or characteristic that may make the product unsafe for the uses for which certification is requested.