21L.B.121 Initial oversight investigation of a declaration of design compliance of a major change to the design of an aircraft for which design compliance has been declared

• Regulation (EU) 2022/1358 found in: Initial Airworthiness and Environmental Protection (748/2012) Part-21 Part-21L (Jul 2024)

21L.B.121 Initial oversight investigation of a declaration of design compliance of a major change to the design of an aircraft for which design compliance has been declared Regulation (EU) 2022/1358 (a)     Upon receiving a declaration of design compliance for a major change to the design of an aircraft for which design compliance has been declared, the Agency shall verify that the change is within the scope of point [21L.A.101](#_DxCrossRefBm1649097714) and that the declaration contains all the information specified in point [21L.A.107](#_DxCrossRefBm1649097945). The Agency shall acknowledge the receipt of the declaration, including the assignment of an individual declaration of design compliance reference number to the declarant. (b)     The Agency shall assess, based upon the risk of a non-compliance leading to a design that is not capable of safe flight or being environmentally incompatible, whether a physical inspection and assessment of the changed product is needed, and subsequently inform the declarant if that is the case. This assessment of the risk shall take into consideration: 1.       the complexity of the major change and the overall effect on the aircraft structures, flight characteristics and systems; 2.       previous experience of physical inspections of aircraft and major changes that have been designed by the declarant; 3.       the response by the declarant to any previous findings that have been raised for non-compliances for the specific aircraft or similar aircraft designed by the declarant that have also been subject to a declaration of design compliance. (c)      If the Agency finds evidence in the declaration, or through the physical inspection and assessment if carried out in accordance with point (b) of point [21L.B.121](#_DxCrossRefBm1649097965), indicating that the changed aircraft could be incapable of conducting a safe flight or could be environmentally incompatible during in-service operations, the Agency shall raise a finding in accordance with point [21L.B.21](#_DxCrossRefBm1649097779). #### 21L.B.121 Initial oversight investigation of a declaration of design compliance of a major change to the design of an aircraft for which design compliance has been declared *Regulation (EU) 2022/1358* (a) Upon receiving a declaration of design compliance for a major change to the design of an aircraft for which design compliance has been declared, the Agency shall verify that the change is within the scope of point [21L.A.101](#_DxCrossRefBm485231210) and that the declaration contains all the information specified in point [21L.A.107](#_DxCrossRefBm485231441). The Agency shall acknowledge the receipt of the declaration, including the assignment of an individual declaration of design compliance reference number to the declarant. (b) The Agency shall assess, based upon the risk of a non-compliance leading to a design that is not capable of safe flight or being environmentally incompatible, whether a physical inspection and assessment of the changed product is needed, and subsequently inform the declarant if that is the case. This assessment of the risk shall take into consideration: 1. the complexity of the major change and the overall effect on the aircraft structures, flight characteristics and systems; 2. previous experience of physical inspections of aircraft and major changes that have been designed by the declarant; 3. the response by the declarant to any previous findings that have been raised for non-compliances for the specific aircraft or similar aircraft designed by the declarant that have also been subject to a declaration of design compliance. (c) If the Agency finds evidence in the declaration, or through the physical inspection and assessment if carried out in accordance with point (b) of point [21L.B.121](#_DxCrossRefBm485231461), indicating that the changed aircraft could be incapable of conducting a safe flight or could be environmentally incompatible during in-service operations, the Agency shall raise a finding in accordance with point [21L.B.21](#_DxCrossRefBm485231275).