Commission Delegated Regulation (EU) 2025/1065 of 28 May 2025 amending Regulation (EU) No 748/2012 as regards updating the references to the environmental protection requirements and correcting that Regulation

Official Journal EN of the European Union L series 2025/1065 12.8.2025 COMMISSION DELEGATED REGULATION(EU) 2025/1065 of 28 May 2025 amending Regulation (EU) No 748/2012 as regards updating the references to the environmental protection requirements and correcting that Regulation (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations

(EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91(1), and in particular Article 19(1) and (3) thereof,

Whereas:

(1) On 28 February 2025 the Commission adopted Delegated Regulation (EU) 2025/870(2) updating the references made in Article 9 of Regulation (EU) 2018/1139 to the environmental protection requirements in Annex 16 to the Convention on International Civil Aviation, signed in Chicago on 7 December 1944 (‘Chicago Convention’).

Aircraft, other than unmanned aircraft, and their engines, propellers, parts and non-installed equipment are to comply with those environmental protection requirements.

(2) Existing environmental protection provisions in Commission Regulation (EU) No 748/2012(3)should be updated for consistent implementation of the applicable environmental protection requirements.

(3) Regulation (EU) No 748/2012 should therefore be amended accordingly.

(4) Commission Delegated Regulation (EU) 2022/1358(4)inadvertently omitted the title of Annex Ib to Regulation (EU) No 748/2012. Therefore, the title of Annex Ib should be inserted.

(5) Commission Delegated Regulations (EU) 2022/1358, (EU) 2023/1028(5) and (EU) 2024/1108(6) successively amended Article 9 of Regulation (EU) No 748/2012 and inadvertently introduced inconsistent references and redundancies. Therefore, Article 9 of Regulation (EU) No 748/2012 should be corrected.

(1) OJ L 212, 22.8.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1139/oj.

(2) Commission Delegated Regulation (EU) 2025/870 of 28 February 2025 amending Regulation (EU) 2018/1139 of the European Parliament and of the Council, as regards the references to the provisions of the Chicago Convention (OJ L, 2025/870, 5.5.2025, ELI:

http://data.europa.eu/eli/reg_del/2025/870/oj).

(3) Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification or declaration of compliance of aircraft and related products, parts and appliances, as well as for the capability requirements of design and production organisations (OJ L 224, 21.8.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/ 748/oj).

(4) Commission Delegated Regulation (EU) 2022/1358 of 2 June 2022 amending Regulation (EU) No 748/2012 as regards the implementation of more proportionate requirements for aircraft used for sport and recreational aviation (OJ L 205, 5.8.2022, p. 7,

ELI: http://data.europa.eu/eli/reg_del/2022/1358/oj).

(5) Commission Delegated Regulation (EU) 2023/1028 of 20 March 2023 amending Regulation (EU) No 748/2012 as regards the definition of complex motor-powered aircraft and correcting that Regulation (OJ L 139, 26.5.2023, p. 10, ELI: http://data.europa.eu/ eli/reg_del/2023/1028/oj).

(6) Commission Delegated Regulation (EU) 2024/1108 of 13 March 2024 amending Regulation (EU) No 748/2012 as regards the initial airworthiness of unmanned aircraft systems subject to certification and Delegated Regulation (EU) 2019/945 as regards unmanned aircraft systems and third-country operators of unmanned aircraft systems (OJ L, 2024/1108, 23.5.2024, ELI: http://data.europa.eu/ eli/reg_del/2024/1108/oj).

ELI: http://data.europa.eu/eli/reg_del/2025/1065/oj 1/8EN OJ L, 12.8.2025

(6) Some provisions of this Regulation amend and correct provisions of Regulation (EU) No 748/2012 amended by Delegated Regulation (EU) 2024/1108 which become applicable on 1 May 2025. Therefore, this Regulation should become applicable on the same date.

(7) The measures provided for in this Regulation are based on Opinion No 02/2024 issued by the European Union Aviation Safety Agency in accordance with Article 76(1) of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1 Regulation (EU) No 748/2012 is amended as follows:

(1) the title is replaced by the following: ‘Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental protection certification or declaration of compliance of aircraft and related products, parts, appliances, control and monitoring units and control and monitoring unit components, as well as for the capability requirements of design and production organisations (recast)’;

(2) in Article 1(1), the introductory phrase is replaced by the following: ‘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:

_____________ (*) Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations

(EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1139/oj).’;

(3) Article 9 is amended as follows:

(a) paragraph 1 is replaced by the following: ‘1. An organisation responsible for the manufacture of products, parts, appliances, control and monitoring units and control and monitoring unit components shall demonstrate its capability in accordance with Annex I (Part 21). This demonstration of capability shall not be required for the manufacture of parts, appliances or control and monitoring unit components that are eligible, in accordance with Annex I (Part 21), for installation in a type-certified product or a control and monitoring unit, without the need to be accompanied by an authorised release certificate (EASA Form 1).’;

(b) paragraph 7 is replaced by the following: ‘7. By way of derogation from paragraph 1 of this Article, an organisation whose principal place of business is in a Member State and which is responsible for the manufacture of products referred to in Article 2(2) and (3) and their parts may alternatively demonstrate its capability in accordance with Annex Ib (Part 21 Light). This demonstration of capability shall not be required for the manufacture of parts that are eligible, in accordance with Annex Ib (Part 21 Light), for installation in a type-certified product or in an aircraft that has been subject to a declaration of design compliance, without the need to be accompanied by an authorised release certificate (EASA Form 1).’;

(c) paragraph 8 is deleted;

(4) Annex I (Part 21) is amended in accordance with Annex I to this Regulation.

2/8 ELI: http://data.europa.eu/eli/reg_del/2025/1065/ojEN OJ L, 12.8.2025 Article 2 Regulation (EU) No 748/2012 is corrected as follows:

(1) Annex I (Part 21) is corrected in accordance with Annex II to this Regulation;

(2) in Annex Ib (Part 21 Light), the following title is inserted before the table of contents: ‘ANNEX Ib PART 21 LIGHT Certification and declaration of design compliance of aircraft other than unmanned aircraft intended primarily for sports and recreational aviation and related products and parts, and declaration of design and production capability of organisations’.

Article 3 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 May 2025.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 May 2025.

For the Commission The President Ursula VON DER LEYEN

ELI: http://data.europa.eu/eli/reg_del/2025/1065/oj 3/8EN OJ L, 12.8.2025 ANNEX I Annex I (Part 21) to Regulation (EU) No 748/2012 is amended as follows:

(1) the table of contents (‘Contents’) is amended as follows:

(a) the title of point 21.A.91 is replaced by the following: ‘21.A.91 Classification of changes to a type certificate’;

(b) the title of point 21.B.85 is replaced by the following: ‘21.B.85 Applicable environmental protection requirements for a type certificate or restricted type certificate’;

(2) point 21.A.91 is replaced by the following: ‘21.A.91 Classification of changes to a type certificate Changes to a type certificate shall be classified as “minor” and “major”. A “minor change” has no appreciable effect on the mass, balance, structural strength, reliability, operational characteristics, certified noise or emissions levels, operational suitability data, or other characteristics affecting the airworthiness or the environmental compatibility of the product or of the UAS, or no appreciable effect on the reliability, operational characteristics, or other characteristics affecting the airworthiness of the CMU. Without prejudice to point 21.A.19, all other changes shall be considered “major changes” under this Subpart. Major and minor changes shall be approved in accordance with points 21.A.95 or 21.A.97, as appropriate, and shall be adequately identified.’;

(3) in point 21.A.95(b), point 3 is replaced by the following: ‘3. when compliance with the type-certification basis and the environmental protection requirements that apply in accordance with point 1 has been declared and the justifications of compliance have been recorded in the compliance documents; and’;

(4) in point 21.A.432C, point (b) is amended as follows:

(a) point 3 is replaced by the following: ‘3. the identification of any reinvestigations necessary to demonstrate compliance of the repair design and areas affected by the repair design with the type-certification basis and the applicable environmental protection requirements incorporated by reference in, as applicable, either the type certificate, the supplemental type certificate or the APU ETSO authorisation;’;

(b) point 6 is replaced by the following: ‘6. a proposal for the assessment of the meaningful groups of compliance demonstration activities and data, addressing the likelihood of an unidentified non-compliance with the type-certification basis or the applicable environmental protection requirements and the potential impact of that non-compliance on the product, UAS or CMU safety or environmental compatibility. The proposed assessment shall take into account at least the elements set out in point 21.B.100(a), points 1 to 4. Based on that assessment, the application shall include a proposal for the Agency’s involvement in the verification of the compliance demonstration activities and data; and’;

(5) in point 21.A.433(a), points 1 and 2 are replaced by the following: ‘1. when it has been demonstrated, following the certification programme referred to in point 21.A.432C(b), that the repair design complies with the type-certification basis and the environmental protection requirements incorporated by reference in, as applicable, either the type certificate, the supplemental type certificate or the APU ETSO authorisation, as well as with any amendments established and notified by the Agency in accordance with point 21.B.450;

2. when compliance with the type-certification basis and the environmental protection requirements that apply in accordance with point (a)1 has been declared and the justifications of compliance have been recorded in the compliance documents;’;

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(6) point 21.B.70 is replaced by the following: ‘21.B.70 Certification specifications The Agency, in accordance with Article 76(3) of Regulation (EU) 2018/1139, shall issue certification specifications and other detailed specifications, including certification specifications for airworthiness and operational suitability data, which competent authorities, organisations and personnel may use to demonstrate compliance of products, parts, appliances, UAS, CMUs and CMU components with the relevant essential requirements set out in Annexes II, IV, V and IX to that Regulation. Such specifications shall be sufficiently detailed and specific to indicate to applicants the conditions under which certificates shall be issued, amended or supplemented.’;

(7) point 21.B.85 is replaced by the following: ‘21.B.85 Applicable environmental protection requirements for a type certificate or restricted type certificate

(a) For a type certificate or restricted type certificate for an aircraft or for a type certificate for an engine, the Agency shall designate and notify to the applicant the applicable environmental protection requirements from the essential requirements referred to in the first subparagraph of Article 9(2) of Regulation (EU) 2018/1139.

(b) (reserved).’;

(8) Appendix VII is replaced by the following: ‘Appendix VII For use by State of registry 1. State of registry 3. Document No:

2.NOISE CERTIFICATE

4.Registration marks: 5. Manufacturer and 6.Aircraft serial No: manufacturer’s designation of

the aircraft: ......................................... ........................................ .........................................

7. Manufacturer and manufacturer’s designation of the 8. Manufacturer and manufacturer’s designation of the engine(s): propeller(s)(1): ............................................................... ..............................................................

9. Maximum take-off mass (kg): 10. Maximum landing mass (kg)(1): 11. Noise certification standard: ......................................... ........................................ .........................................

12. Additional modifications incorporated for the purpose of compliance with the applicable noise certification

standards: ................................................................................................................................

13. Lateral/full- 14. Approach noise 15.Flyover noise 16. Overflight 17.Take-off noise power noise level(1): level(1): noise level(1): level(1): level(1): ........................ ........................ ...................... ...................... ........................

Remarks:

18. This noise certificate is issued pursuant to Annex 16, Volume I to the Convention on International Civil Aviation, signed in Chicago on 7 December 1944, and Article 14(1) of Regulation (EU) 2018/1139 in respect of the above- mentioned aircraft, which is considered to comply with the indicated noise standard when maintained and operated in accordance with the relevant requirements and operating limitations.

19. Date of issue: .................................... 20. Signature: ..................................................

(1) These boxes may be omitted depending on the noise certification standard.

EASA Form 45 – Issue 2’.

ELI: http://data.europa.eu/eli/reg_del/2025/1065/oj 5/8EN OJ L, 12.8.2025 ANNEX II Annex I (Part 21) to Regulation (EU) No 748/2012 is corrected as follows:

(1) the table of contents (‘Contents’) is corrected as follows:

(a) the title of point 21.B.105 is replaced by the following: ‘21.B.105 Type-certification basis, environmental protection requirements and operational suitability data certification basis for a major change to a type certificate’;

(b) the title of point 21.B.109 is replaced by the following: ‘21.B.109 Type-certification basis, environmental protection requirements and operational suitability data certification basis for a supplemental type certificate’;

(c) the title of point 21.B.450 is replaced by the following: ‘21.B.450 Amendments to the type-certification basis for a repair design approval’;

(2) in point 21.A.15(b), point 6 is replaced by the following: ‘6. a proposal for the assessment of the meaningful groups of compliance demonstration activities and data, addressing the likelihood of an unidentified non-compliance with the type-certification basis, operational suitability data certification basis or environmental protection requirements and the potential impact of that non-compliance on the product or UAS safety or environmental compatibility or on the safety of the CMU.

The proposed assessment shall take into account at least the elements set out in points 1 to 4 of point

21.B.100(a). Based on that assessment, the application shall include a proposal for the Agency’s involvement in the verification of the compliance demonstration activities and data;’;

(3) in point 21.A.93(b)3, point (iii) is replaced by the following: ‘(iii) a proposal for the assessment of the meaningful groups of compliance demonstration activities and data, addressing the likelihood of an unidentified non-compliance with the applicable type-certification basis, operational suitability data certification basis or environmental protection requirements and the potential impact of that non-compliance on the product or UAS safety or environmental compatibility or on the safety of the CMU; the proposed assessment shall take into account at least the elements set out in points 1 to 4 of point 21.B.100(a). Based on that assessment, the application shall include a proposal for the Agency’s involvement in the verification of the compliance demonstration activities and data; and’;

(4) point 21.A.147 is replaced by the following: ‘21.A.147 Changes in the production management system After the issue of a production organisation approval certificate, each change in the production management system that is significant for the demonstration of conformity or the airworthiness and environmental compatibility characteristics of the product, part, appliance, UAS, CMU or CMU component shall be approved by the competent authority before being implemented. The production organisation shall submit an application for approval to the competent authority demonstrating that it will continue to comply with this Annex.’;

(5) in point 21.A.165(c)3, the introductory phrase is replaced by the following: ‘additionally, in the case of environmental protection, determine that:’;

(6) in point 21.A.243, point (d) is replaced by the following: ‘(d) The design organisation shall establish and maintain a statement of the qualifications and experience of the management staff and of other persons in the organisation that are responsible for making decisions that affect airworthiness, operational suitability data and environmental compatibility. It shall submit that statement to the competent authority.’;

6/8 ELI: http://data.europa.eu/eli/reg_del/2025/1065/ojEN OJ L, 12.8.2025

(7) in point 21.A.245(e), point 2 is replaced by the following: ‘2. there is full and efficient coordination between the departments and within the departments in respect of airworthiness, operational suitability data and environmental compatibility.’;

(8) point 21.A.247 is replaced by the following: ‘21.A.247 Changes in the design management system After the issue of a design organisation approval, each change to the design management system that is significant for the demonstration of compliance or for the airworthiness, operational suitability data and environmental compatibility of the product, part, appliance, UAS, CMU or CMU component shall be approved by the Agency before being implemented. The design organisation shall submit to the Agency an application for approval demonstrating, on the basis of the proposed changes to the handbook, that it will continue to comply with the provisions of this Annex.’;

(9) point 21.A.251 is replaced by the following: ‘21.A.251 Terms of approval The terms of approval shall identify the types of design work, the categories of products, parts, appliances, UAS, CMUs or CMU components for which the design organisation holds a design organisation approval, and the functions and duties that the organisation is approved to perform with regard to the airworthiness, operational suitability data and environmental compatibility characteristics of the products, UAS or CMUs. For design organisation approvals covering type-certification or European Technical Standard Order (ETSO) authorisation for auxiliary power units (APUs), the terms of approval shall additionally contain the list of products, CMUs or APUs.

Those terms shall be issued as part of a design organisation approval.’;

(10) in point 21.A.432C(b), point 2 is replaced by the following: ‘2. the identification of all areas of the type design and the approved manuals that are changed or affected by the repair design;’;

(11) in point 21.A.701(a), point 14 is replaced by the following: ‘14. flying aircraft meeting the applicable airworthiness requirements before conformity to the applicable environmental protection requirements has been demonstrated;’;

(12) in point 21.B.100(a), the introductory phrase is replaced by the following: ‘The Agency shall determine its involvement in the verification of the compliance demonstration activities and data related to the application for a type certificate, restricted type certificate, major change approval, supplemental type certificate, major repair design approval or ETSO authorisation for APUs. It shall do so on the basis of an assessment of meaningful groups of compliance demonstration activities and data of the certification programme. That

assessment shall address: — the likelihood of an unidentified non-compliance with the type-certification basis, operational suitability data certification basis or applicable environmental protection requirements; and — the potential impact of that non-compliance on product, UAS and CMU safety or environmental compatibility,

and consider at least the following elements:’;

(13) point 21.B.105 is replaced by the following: ‘21.B.105 Type-certification basis, environmental protection requirements and operational suitability data certification basis for a major change to a type certificate The Agency shall establish the applicable type-certification basis, the applicable environmental protection requirements and, in the case of a change affecting the operational suitability data, the operational suitability data certification basis established in accordance with point 21.A.101 and notify them to the applicant for a major change to a type certificate.’;

ELI: http://data.europa.eu/eli/reg_del/2025/1065/oj 7/8EN OJ L, 12.8.2025

(14) point 21.B.109 is replaced by the following: ‘21.B.109 Type-certification basis, environmental protection requirements and operational suitability data certification basis for a supplemental type certificate The Agency shall establish the applicable type-certification basis, the applicable environmental protection requirements and, in the case of a change affecting the operational suitability data, the operational suitability data certification basis established in accordance with point 21.A.101 and notify them to the applicant for a supplemental type certificate.’;

(15) in point 21.B.450, the title is replaced by the following: ‘21.B.450 Amendments to the type-certification basis for a repair design approval’;

(16) point 21.B.453 is corrected as follows:

(a) in point (a), point 3 is replaced by the following: ‘3. the Agency, through its verification of the demonstration of compliance in accordance with the level of involvement established pursuant to point 21.B.100(a), has not found any non-compliance with the type-certification basis and the applicable environmental protection requirements; and’;

(b) point (b) is replaced by the following: ‘(b) The Agency shall issue an approval of a minor repair design, provided that the applicant has complied with points 2 and 4 of point (a) and provided that the Agency, through its verification of the demonstration of compliance in accordance with the level of involvement pursuant to point

21.B.100(b), has not found any non-compliance with the type-certification basis and the applicable environmental protection requirements.’.

8/8 ELI: http://data.europa.eu/eli/reg_del/2025/1065/oj