1. Changes to Grandfathered Equipment Recent Developments from discussions with EASA and the FAA Mark Barker 2 nd March 2016

2. 2 2015

3. Key Points  Significant increase in Findings and for Industry requests for technical assistance in this area.  Can directly affect continued manufacture, maintenance and ability to release to customer.  With impact of REACH this is only likely to increase ….  So what do you have to do ? 3

4. “Grandfathered”  Basic Regulation term meaning that certification data approved/accepted by the National Authorities prior to advent of EASA in 2003 remains acceptable for production or installation without further review.  Normally, from this date any change needs to be approved under Part 21 to be valid - either directly by EASA, by a Part 21 DOA under privileges or via Alternate Procedures (AP) to DOA for ETSO Equipment.  But what about nationally approved Equipment that never got EASA approved ? Background of the original certification is important… 4

5. Civil Oversight pre-EASA Aircraft Design Organisations Aircraft Design Organisations System Design Organisation System Design Organisation System Design Organisation System Design Organisation Certification Requirements System/Equipment Approvals 5

6. Civil Oversight pre-EASA Aircraft Design Organisations Aircraft Design Organisations System Design Organisation System Design Organisation Equipment Design Organisation Equipment Design Organisation System Design Organisation System Design Organisation Equipment Design Organisation Equipment Design Organisation Equipment Design Organisation Equipment Design Organisation 6 Certification Requirements System/Equipment Approvals

7. CAA approved (pre-2003) Aircraft Design Organisations Aircraft Design Organisations System Design Organisation System Design Organisation Equipment Design Organisation Equipment Design Organisation Processing System Design Organisation System Design Organisation Equipment Design Organisation Equipment Design Organisation Equipment Design Organisation Equipment Design Organisation Materials Production Testing 7

8. Eligible for EASA Approval Design Organisations Design Organisations System Design Organisation System Design Organisation Processing System Design Organisation System Design Organisation Materials Production Testing 8

9. Key Problem How do I make changes to a design where I used to be ‘design authority’ under the National Rules, but where I no longer have a design approval under EASA ? Initial Position in CAA Information Notice 2014/142, which will now be updated per this presentation and amended training given to the Surveyors. First Question:- –Is it really a design change ? –Proportionate approach – don’t apply to changes of drawing notes, etc. But does apply to changes to dimensions, concessions, processes, treatments (and sequences of special processes where the order of application is important), materials, chemicals and manufacturing method (forging to machine from solid) etc. 9

10. Second Question:- –How did the design get approved onto the aircraft in the first place ? 10

11. Equipment Approval Route Where an organisation has evidence (either via issue of an NAA letter approving the equipment or by issue of a national equipment reference number by an NAA) that a national equipment approval was issued prior to 28 th September 2003, then minor changes to such grandfathered equipment may be undertaken by the owner of the design as if the organisation held Alternate Procedures (AP) to DOA in accordance with Subpart O. A major change to such equipment would require fresh application to EASA for both a new equipment approval to a current ETSO specification and submission of design procedures to EASA (for AP to DOA). 11

12. Equipment Approval Route Organisations holding AP to DOA for current EASA equipment (i.e. ETSO Holders) are recommended to use those procedures for any grandfathered equipment in their product range. Organisations that solely manufacture grandfathered equipment that have not subsequently sought EASA equipment approval should ensure that the change control procedures previously established to support the NAA equipment approval process are amended and maintained up to date to reflect the change classification/approval process of Part 21 Subpart O. 12

13. Acceptance It has been confirmed that changes to NAA approved equipment addressed in the above manner are consistent with the principles of Part 21 and are acceptable under the EU/US Bilateral. CAA will publish this position either via updated Information Notice or via Production FAQ on the POA Area of the new CAA Website structure (under development). 13

14. Component Route For Organisations that did not obtain specific Equipment approvals, but that provided a Design Statement or DDP under BCAR A8 Design Approvals to be certified onto the aircraft by the customer (usually the TC Holder) there are two options:- 1) Submit the change for approval to the DOA Holder’s privilege under procedures defined in the Design/Production interface arrangement, or 2) If minor, seek approval for the change either directly from EASA or via a Part 21 DOA (which could be held by the organisation itself). 14

15. There is another possibility  Delegated Authority  Where you have a well developed relationship with a DOA, it is possible for the DOA to delegate authority for the classification and acceptance of low level changes to a production organisation in accordance with controlled procedures.  Terms and Conditions apply !  … and this is the DOA’s call!  Training of staff undertaking the task, the DOA remains responsible for the decision and this is auditable by EASA … 15

16. Thank you for listening Questions…