Article 1 Scope and definitions

1.This Regulation lays down, in accordance with Articles 19, 58 and 62 of Regulation (EU) 2018/1139 of the European Parliament and of the Council, common technical requirements and administrative procedures for the airworthiness and environmental protection certification or declaration of compliance of products, parts, appliances, control and monitoring units and control and monitoring unit components specifying:

(a)the issue of type certificates, restricted type certificates, supplemental type certificates and changes to those certificates;

(b)the issue of certificates of airworthiness, restricted certificates of airworthiness, permits to fly and authorised release certificates;

(c)the issue of repair design approvals;

(d)the showing of compliance with environmental protection requirements;

(e)the issue of noise certificates and restricted noise certificates;

(f)the identification of products, parts, appliances, control and monitoring units and control and monitoring unit components;

(g)the certification of certain parts, appliances and control and monitoring unit components;

(h)the certification of design and production organisations;

(i)the issue of airworthiness directives;

(j)the making of declarations of design compliance and changes to those declarations;

(k)the making of declarations of design and production capability.

2.For the purpose of this Regulation, the following definitions shall apply:

(a)“JAA” means the “Joint Aviation Authorities”;

(b)“JAR” means “Joint Aviation Requirements”;

(c)“Part 21” means the requirements and procedures for the certification of aircraft and related products, parts, appliances, control and monitoring units and control and monitoring unit components, and of design and production organisations laid down in Annex I to this Regulation;

(d)“Part 21 Light” means the requirements and procedures for the certification or declaration of design compliance of aircraft other than unmanned aircraft intended primarily for sports and recreational use and of related products and parts, and declaration of design and production capability of organisations laid down in Annex Ib (Part 21 Light) to this Regulation;

(e)“principal place of business” means the head office or registered office of the undertaking within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised;

(f)“article” means any part and appliance to be used on civil aircraft and any control and monitoring unit component;

(g)“ETSO” means European Technical Standard Order. The European Technical Standard Order is a detailed airworthiness specification issued by the European Union Aviation Safety Agency (the “Agency”) to ensure compliance with the requirements of this Regulation as a minimum performance standard for specified articles;

(h)“EPA” stands for European Part Approval. The European Part Approval of an article means that the article has been produced in accordance with approved design data not belonging to the type-certificate holder of the related product and control and monitoring unit, except for ETSO articles;

(ha)“complex motor-powered aircraft” means:

(i)an aeroplane with a maximum certificated take-off mass exceeding 5 700 kg, or certificated for a maximum passenger seating configuration of more than nineteen, or certificated for operation with a minimum crew of at least two pilots, or equipped with (a) turbojet engine(s) or more than one turboprop engine, or

(ii)a helicopter certificated: for a maximum take-off mass exceeding 3 175 kg, or for a maximum passenger seating configuration of more than nine, or for operation with a minimum crew of at least two pilots, or

(iii)a tilt rotor aircraft.

(i)“ELA1 aircraft” means the following manned European Light Aircraft:

(i)an aeroplane with a maximum take-off mass (MTOM) of 1 200 kg or less that is not classified as complex motor-powered aircraft;

(ii)a sailplane or powered sailplane of 1 200 kg MTOM or less;

(iii)a balloon with a maximum design lifting gas or hot air volume of not more than 3 400 m3 for hot air balloons, 1 050 m3 for gas balloons, 300 m3 for tethered gas balloons;

(iv)an airship designed for not more than four occupants and a maximum design lifting gas or hot air volume of not more than 3 400 m3 for hot air airships and 1 000 m3 for gas airships;

(j)“ELA2 aircraft” means the following manned European Light Aircraft:

(i)an aeroplane with a maximum take-off mass (MTOM) of 2 000 kg or less that is not classified as complex motor-powered aircraft;

(ii)a sailplane or powered sailplane of 2 000 kg MTOM or less;

(iii)a balloon;

(iv)a hot air airship;

(v)a gas airship complying with all of the following characteristics: 3 % maximum static heaviness, non-vectored thrust (except reverse thrust), conventional and simple design of structure, control system and ballonet system, non-power assisted controls;

(vi)a rotorcraft with an MTOM not exceeding 600 kg which is of a simple design, designed to carry not more than two occupants, not powered by turbine and/or rocket engines; restricted to VFR day operations;

(k)“operational suitability data (OSD)” means data, which is part of an aircraft type certificate, restricted type certificate or supplemental type certificate, consisting of all of the following:

(i)the minimum syllabus of pilot type rating training, including determination of type rating;

(ii)the definition of scope of the aircraft validation source data to support the objective qualification of simulators or the provisional data to support their interim qualification;

(iii)the minimum syllabus of maintenance certifying staff type rating training, including determination of type rating;

(iv)determination of type or variant for cabin crew and type-specific data for cabin crew;

(v)the master minimum equipment list.

(l)“control and monitoring unit (CMU)” means the equipment to control and monitor unmanned aircraft remotely, as defined in Article 3(32) of Regulation (EU) 2018/1139;

(m)“control and monitoring unit component” means any element of the control and monitoring unit; n) “control and monitoring unit installation” means the process to integrate the control and monitoring unit components in a physical environment eligible for that purpose according to a set of installation and testing instructions, such that the installed control and monitoring unit can be used to operate an unmanned aircraft;

(o)“unmanned aircraft system (UAS)” means an unmanned aircraft, as defined in Article 3(30) of Regulation (EU) 2018/1139, and its control and monitoring unit;

(p)“VTOL-capable aircraft” (VCA) means a power-driven, heavier-than-air aircraft other than aeroplane or rotorcraft, capable of performing vertical take-off and landing by means of lift and thrust units used to provide lift during the take-off and landing.