Rs 748.127.5 Ordinance Of The Detec On 5 February 1988 Concerning The Construction Of Aircraft (Oeca) Companies

Original Language Title: RS 748.127.5 Ordonnance du DETEC du 5 février 1988 concernant les entreprises de construction d’aéronefs (OECA)

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748.127.5 order of the DETEC on construction companies of aircraft (OECA) February 5, 1988 (State February 1, 2013) the federal Department of transport, communications and energy, view of art. 57, al. 1 and 2, of the Federal law of 21 December 1948 on aviation, stop: Chapter 1 General art. 1definitions within the meaning of this order, means: a. construction documents: shop drawings, lists, descriptions of processes applied to manufacture products that meet the type, the minutes of review, as well as technical communications and decisions of the federal Office of civil aviation (FOCA); b. products: aircraft, engines, propellers, aircraft parts and equipment; c. statement of compliance : the attestation that products conform to production documents; d. flight of reception: the flight of the new aircraft intended to demonstrate the device complies with the specifications of the type certificate.

New content according to chapter I of O of the DETEC from 14 July. 2008, in force since August 1, 2008 (RO 2008 3623).
Introduced by section I of O of the DETEC 16 Jan. 2013, in effect since Feb. 1. 2013 (2013 305 RO).

Art. 2subject, scope and law applicable herein governs the licensing conditions of the enterprise license of construction as well as the rights and obligations resulting for the holder.
It applies unless the binding version for the Switzerland of one of the following is applicable in accordance with point 3 of the annex to the agreement of 21 June 1999 between the Swiss Confederation and the European Community on air transport: a. Regulation (EC) 216/2008 n; b. Regulation (EU) No. 748/2012.

It applies to companies established in Switzerland and Swiss companies based on the Basel-Mulhouse Airport.
International agreements on the construction of aircraft and other products are reserved.

New content according to chapter I of O of the DETEC from 14 July. 2008, in force since August 1, 2008 (RO 2008 3623).
The binding version for the Switzerland is referred to in the annex to this agreement and can be consulted or obtained from OFAC. Address: Federal Office of civil aviation, 3003 Bern (www.ofac.admin.ch).
RS 0.748.127.192.68 R (EC) n 216/2008 of the European Parliament and the Council on Feb 20. 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing the Council, R (EC) 1592/2002 n 91/670/EEC directive and directive 2004/36/EC.
R (EU) n 748/2012 Commission August 3, 2012, establishing implementing rules for the certification of airworthiness and environmental of the aircraft and products, parts and related equipment, as well as for the certification of design and production agencies.
New content according to section I of the O of the DETEC of Jan. 16. 2013, in effect since Feb. 1. 2013 (2013 305 RO).

Art. 3derogations the FOCA can, in individual cases, allow exceptions to this order, especially when it comes to technical innovations, or even when the airworthiness of an aircraft or the suitability for use of an engine, a propeller, a piece of aircraft or equipment will not be affected.

New content according to chapter I of O of the DETEC from 14 July. 2008, in force since August 1, 2008 (RO 2008 3623).

Chapter 2 business of building aircraft Section 1 Obligation to request the license art. Principle 4 companies that produce series of aircraft or other products for which a type certificate was established under the Ordinance of DETEC of 18 September 1995 on the airworthiness of aircraft (ONAE), must hold a license of construction company.
...
Do not need a license of construction company who subcontracted some special work on behalf of a similar company, itself holder of such a license.
If in doubt, OFAC rules on the obligation to request the license.

RS 748.215.1 new content according to chapter I of O of the DETEC from 14 July. 2008, in force since August 1, 2008 (RO 2008 3623).
Repealed by no I of O of the DETEC on 14 July. 2008, with effect from August 1, 2008 (RO 2008 3623).
New expression according to section I of the O of the DETEC from 14 July. 2008, in force since August 1, 2008 (RO 2008 3623). This mod has been taken throughout the text.

Art. 5 companies of the Confederation Confederation companies who build aircraft and parts of aircraft for which a type certificate has been established, must for that meet the requirements of this order.
Details will be necessary regulated by an agreement between FOCA and the federal enterprises.

Art. 6 companies headquartered abroad the OFAC fixed in each particular case the requirements to satisfy the construction work entrusted to branches or companies abroad.

Section 2 Condition of licensing of construction company art. 7 request anyone who seeks a license of construction company indicates in its application which products the license is desired.
The application, together with the complete documents according to art. 8, should be addressed to the FOCA at the latest two months before the inspection of the company. Documents must be written in an official language or in English.
Companies that already have a under part production organisation approval, Subpart G of Regulation (EC) n 1702/2003, are required to provide any evidence, or additional document to the senses of the art. 8-12.

New content according to chapter I of O of the DETEC from 14 July. 2008, in force since August 1, 2008 (RO 2008 3623).
New content according to section I of the O of the DETEC of Jan. 16. 2013, in effect since Feb. 1. 2013 (2013 305 RO).
In accordance with point 3 of the annex to the agreement on air transport (RS 0.748.127.192.68).
Introduced by section I of O of the DETEC on 14 July. 2008, in force since August 1, 2008 (RO 2008 3623).

Art. 8Conditions the applicant must prove: a. the company is registered in the register of trade in Switzerland or that it is not subject to the obligation to register; b. that the conditions for the granting of a business license of construction according to annex I, part 21, section A, Subpart G, of Regulation (EU) n 748/2012 are met; c. that the following rules of the European safety agency aviation related to the Regulation (EU) No. 748/2012 are met : 1. the certification specifications (Certification Specifications); 2. the means acceptable compliance (Acceptable Means of Compliance); 3. guidance documents (Guidance Material).

New content according to section I of the O of the DETEC of Jan. 16. 2013, in effect since Feb. 1. 2013 (2013 305 RO).
In accordance with point 3 of the annex to the agreement on air transport (RS 0.748.127.192.68).
These rules are not published to the RO and are not translated. They are published on the websites of the European Aviation Safety Agency (http://easa.europa.eu/language/fr/home.php > Aviation Professionals & Industry > certification Specifications) and FOCA (www.ofac.admin.ch) and can be accessed and obtained from the federal Office of civil aviation, 3003 Bern.

Art. 9 to 12 repealed by section I of O of the DETEC of Jan. 16. 2013, with effect from Feb. 1. 2013 (2013 305 RO).

Section 3 Inspection Company and construction arts. Enterprise license 13Inspections of the OFAC company determines by the construction company inspections if a license can be issued. After receipt of the complete record of the applicant, it performs inspections in the presence of a representative of the company.
He set the date of the inspections.
It can hire outside experts to conduct inspections.
The result of the inspections is recorded in an examination report, and then communicated to the applicant within a period of two weeks.
If the inspections reveal that all the conditions for the granting of the license are not met, the FOCA shall inform the applicant in writing. It sets him a deadline appropriate to remedy.
If the applicant has not taken measures within the time limit, the inspections are considered to be negative.
Companies that have already an organisation approval of production under annex I, part 21, section A, Subpart G, of Regulation (EU) No. 748/2012 are subject to no additional inspection for the issuance of a license pursuant to this order construction company for as much as they apply the same manufacturing process.

New content according to section I of the O of the DETEC of Jan. 16. 2013, in effect since Feb. 1. 2013 (2013 305 RO).
In accordance with point 3 of the annex to the agreement on air transport (RS 0.748.127.192.68).

Art. 14 license of construction company (Production Certificate) if all the conditions are met, the OFAC grants the applicant the license of construction company.
Annex to the licence specifies the products for which it is valid.

Art. The construction company license 15Extension the following rules apply by analogy to the holder of a license of construction company seeking an extension of its license to other products:

a. the conditions referred to in annex I, part 21, section A, Subpart G, of the Regulation (EU) No. 748/2012; (b) the rules referred to in art. 8, let. c. the art. 7, 8, 13 and 14 shall apply by analogy to partial inspections.

New content according to section I of the O of the DETEC of Jan. 16. 2013, in effect since Feb. 1. 2013 (2013 305 RO).
In accordance with point 3 of the annex to the agreement on air transport (RS 0.748.127.192.68).

Art. Special 16Cas in special cases, the FOCA can temporarily allow mass production of products for which a type certificate has been established and which do not appear in the license of construction company. It can match the authorization conditions.

New content according to chapter I of O of the DETEC from 14 July. 2008, in force since August 1, 2008 (RO 2008 3623).

Section 4 right holder art. 17 the holder of a license of construction company maintenance and construction work is authorized to: a. to mass produce, control and certify the products listed in the annex to the licence, in accordance with the approved manual; b. ensure the maintenance of the new products it has made, and to issue a certificate of fitness service relative to this maintenance in accordance with art. 37, al. 1, ONAE.

He may exercise these rights as long as the conditions set out in art. 8 are met.

New content according to chapter I of O of the DETEC from 14 July. 2008, in force since August 1, 2008 (RO 2008 3623).
RS 748.215.1 new content according to chapter I of O of the DETEC from 14 July. 2008, in force since August 1, 2008 (RO 2008 3623).
New content according to section I of the O of the DETEC of Jan. 16. 2013, in effect since Feb. 1. 2013 (2013 305 RO).

Art. 18 flights of aircraft receiving the holder of a license of construction company is entitled to flights of receipt of aircraft built by the company who do not have official branding, but their serial number, to condition: a. that the body responsible for quality assurance has evidenced compliance with the definition of type; b. that the liability risks are covered; etc that the flight service is in accordance with the manual.

The FOCA can impose special conditions for flights of reception.

New content according to chapter I of O of the DETEC from 14 July. 2008, in force since August 1, 2008 (RO 2008 3623).

Section 5 the license of construction company art. The period of validity of the license of construction company 19duree is unlimited.
In special cases, the FOCA can limit the period of validity.

New content according to chapter I of O of the DETEC from 14 July. 2008, in force since August 1, 2008 (RO 2008 3623).

Art. Periodic 20Inspection of the OFAC company realizes every twelve months at least an inspection of business within the meaning of art. 13 in order to verify compliance with the requirements.

New content according to chapter I of O of the DETEC from 14 July. 2008, in force since August 1, 2008 (RO 2008 3623).

Art. 21 withdrawal of the license of construction company and restriction of the scope of the FOCA may reduce the period of validity of a licence of construction company, decide his temporary or final withdrawal or limit the manufacturing of the products described in its annex: a. If one or more of the conditions that were decisive for the granting of the license are no longer met; (b) if it was found that the work was repeatedly performed without care or with serious negligence; c. in application of art. 92 of the Federal law of 21 December 1948 air navigation.

SR 748.0 Chapter 3 other requirements; guidelines and communications arts. 22. the FOCA may issue, in the form of technical communication, guidance and communications, including the body responsible for quality assurance.
It publishes technical communications.
A copy of the technical communication can be obtained from the OFAC against payment.

New content according to chapter I of O of the DETEC from 14 July. 2008, in force since August 1, 2008 (RO 2008 3623).
Address: Federal Office of civil aviation, 3003 Bern (www.bazl.admin.ch).

Chapter 4 provisions final art. 23 repealed by no I of the DETEC O from 14 July. 2008, with effect from August 1, 2008 (RO 2008 3623).

Art. 24 entry into force this order comes into force on April 1, 1988.

RO 1988 541 SR 748.0 new content according to section I of the O of the DETEC of Jan. 16. 2013, in effect since Feb. 1. 2013 (2013 305 RO).

State February 1, 2013

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