AMC1 21L.A.25(e)(3) Demonstration of compliance

PHYSICAL INSPECTION OF THE FIRST ARTICLE

Note: The applicant should be prepared for any additional investigations as notified by EASA according to point 21L.B.46(d).

1. Purpose

The purposes of the first-article inspection (of the article that is in conformance with the proposed type design for certification) prior to the issuance of the type certificate for a particular aircraft, propeller or engine design are the following:

a. for EASA to verify completion of the demonstration-of-compliance activities conducted by the applicant under point 21L.A.25 and in accordance with the approved compliance-demonstration plan;

b. for EASA to verify¹ that the type design complies with the type-certification basis and the applicable environmental protection requirements;

c. In case the applicant is a declared design organisation, for EASA to conduct a further oversight visit in accordance with point 21L.B.183(b) of Subpart J in order to ensure that the applicant is able to discharge its obligations.

¹ The verification of compliance is limited to the scope of the activities that can be conducted under point 2 and the elements of the design that are selected for review based upon a risk-based approach to compliance.

2. Methodology and evidence

The first-article inspection will be conducted by EASA at an appropriate location(s) selected by the applicant for a type certificate. This (these) location(s) should:

— include the physical location of the aircraft, engine or propeller for which a type certificate has been requested; and

— be in the principal place of business (which in accordance with Article 8(2) of Regulation (EU) No 748/2012 must be in an EU Member State).

Note: The principal place of business is defined as follows: ‘The head office or registered office of the organisation within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised.’

The Agency will conduct a physical inspection of the aircraft, engine or propeller for which a type certificate has been requested. This inspection, along with any other activity that EASA deems necessary (see point 21L.A.25(e)), should ensure that the objectives mentioned in point 1 are met.

The applicant for a type certificate should make the following arrangements to support the first-article inspection:

a. prepare the aircraft engine, propeller, systems or components for live testing (including flight testing) upon EASA’s request;

b. make available the final version of the compliance-demonstration plan;

c. make available the declaration of compliance for the product (aircraft, engine and/or propeller);

d. provide access to the supporting compliance documentation and test reports;

e. provide access to key design and production personnel;

f. make available any design processes and procedures that were used.

When the applicant has selected to use flight testing to demonstrate compliance (see MC6 in Appendix A to AMC1 21L.A.24(b)), EASA may decide to conduct flight testing to verify compliance. This flight testing will be performed according to a plan proposed by the applicant prior to the first-article inspection and agreed by EASA.

The above list of additional sources of evidence is not exhaustive.

It is possible that during the first-article inspection, EASA may discover evidence that:

a. the design is not in compliance with the type-certification basis or the applicable environmental protection requirements (this could be due to the applicant misinterpreting or misunderstanding the applicable design requirements);

b. the applicant has not fulfilled its design obligations as a declared design organisation;

c. there are shortfalls in the applicant’s design management system (in accordance with point 21.A.239 or point 21L.A.174) that result in a non-compliance or loss of control of the design.

If such evidence is discovered, the applicant should support EASA in conducting a more in-depth investigation into the compliance documentation and/or the design practices of the design organisation. The purpose of this in-depth investigation should be to determine whether or not compliance was demonstrated, the root cause and the corrective actions. This investigation should also serve to prevent a reoccurrence of the issue.

3. Aircraft condition and configuration

The aircraft, engine or propeller presented to EASA should be in the final configuration for which a type certificate has been requested and the compliance demonstration has been declared.

The applicant may arrange visits with EASA prior to the declaration of compliance, in accordance with point 21L.A.25(f) (for example, for noise testing).

Any differences between the configuration presented to EASA for the first-article inspection and the final configuration in the declaration of compliance (in accordance with point 21L.A.25(f)) should be justified by the applicant and may, therefore, depending upon their criticality, be subject to more focused scrutiny during the first-article inspection. It is possible that some differences from the final configuration may delay the issuance of the type certificate.

4. Findings and resolution

In the process of the activities mentioned in point 2, EASA will raise an appropriate finding or observation against the aircraft or declared design organisation if a non-compliance is discovered. Findings of non-compliance should be resolved by the applicant before the type certificate is issued.

5. Duration and schedule

The first-article inspection may be a single visit or multiple visits depending on the complexity of the design. For example, EASA may wish to witness or participate to compliance-demonstration testing (for example, noise testing) prior to the first-article inspection.

The applicant should coordinate with the competent authority so that the first-article-inspection activities conducted under point 21L.B.143(b) are conducted as far as practicable at the same time as first-article-inspection activities conducted under point 21L.B.46(c).