Page 228 - UK Regulation Part 21 Initial Airworthiness Annex I (consolidated) March 2022

PART 21 - INITIAL AIRWORTHINESS (ANNEX I)

21.B.220(c) GM3 Procedures for investigation – POA applications received from organisations with facilities/partners/
suppliers/sub-contractors located in a third country
The obligations of the applicant are totally independent from the surveillance exercised by the CAA. It
is not acceptable that the applicant relies on surveillance activities of the CAA to simplify its tasks.
Facilities located in a third country
When any part of the production facilities of an applicant for POA is located outside the United
Kingdom, then the location will be treated in all aspects as part of the applicant’s POA organisation.
Therefore the investigating CAA will:
a) include the facilities outside the United Kingdom fully in their investigation and surveillance
activities for the applicant for, or holder of, the POA
b) include the facilities outside the United Kingdom in the terms of approval of the CAA Form
55 (see Annex I Part 21 Appendix X) when issuing the POA.
Partners/suppliers/sub-contractors located in a third country
The CAA should define on the basis of Part 21, its associated CS and GM, a clear procedure on
supplier control. This procedure should include the control of partners/suppliers/sub- contractors of
the
applicant for, or holder of, a POA that are located outside the United Kingdom.
In respect of the applicant for, or holder, of the POA, the CAA should:
1) investigate, for the initial approval and consequent continued surveillance, the
production organisation, and its partners/suppliers/sub-contractors at the
necessary level to ensure the organisation can comply with the requirements of
Part 21,
2) in accordance with the CAA procedure, assess and accept the documented
procedure for supplier control as part of the POA holder’s quality system, and
changes to that procedure prior to implementation,
3) in accordance with CAA procedure, assess the necessary level of surveillance to
be exercised by the production organisation on partners / suppliers / sub-
contractors and check the audit plan of the production organisation against this
level.
The level of co-operation between the CAA and the CAA of the third country where a
partner/supplier/sub-contractor of the production organisation is located may influence the authorities’
activities concerning this partner/supplier/sub-contractor. Co-operation with the CAA of the third
country should be based on the capability and goodwill of that authority, and a complete interchange
of necessary information.
The involvement of this CAA of the third country in the surveillance of the
partner/supplier/subcontractor will be based on the following principles:
- When a recognition agreement under Article 12 of Regulation (EC) No 216/2008 covering
production subjects has been concluded:(
(a) The CAA in accordance with GM No 2 to 21.A.139(a) may decide that direct
surveillance of the POA holder activities at the foreign location may not be
necessary.
(b) In any other case, provisions of the recognition agreement on the subject
apply (technical assistance, ...).
- If a recognition agreement has not been concluded, or it does not cover production
subjects, it may be necessary that the CAA and the CAA of a third country enter into a
specific working arrangement addressing the following matters:
(a) acceptance by the CAA of the third country of conducting manufacturing
surveillance of the relevant production activities on behalf of the CAA, under
the respective quality standards defined by the CAA.
(b) tasks to be performed
(c) practical methods
These arrangements are between authorities and do not relieve the applicant of its
obligations.
- In all cases, even though surveillance tasks are delegated to the CAA of the
third country, the CAA remains the responsible authority and may
consequently exercise direct surveillance if necessary.
- In case that it is not possible to delegate surveillance tasks to the CAA of the
third country, the CAA will have to establish a direct surveillance program in
accordance with its procedure concerning supplier control as part of the
overall surveillance of the POA holder.
21.B.220(c) GM4 Procedures for investigation – Competent authority surveillance of suppliers of a POA holder located in other
states
1. The aviation legislation identifies specific State obligations in relation to complete
products:
State of manufacture, as used in ICAO Annex 8, normally identifies the country where the
final assembly and the final determination of airworthiness is made. However,
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