Perhaps the following is relevant here: (from AF447 2nd int.rept. p.58):
1.17.6.4 Continuing airworthiness
(...)
1.17.6.4.1 Obligations of the manufacturer, holder of a type certificate
Article 21 A.3 of Part 21 stipulates that:
1) (...)
2) (...)
3) for any deficiency that may reveal a dangerous or catastrophic situation, the manufacturer must look for the cause of the deficiency, report the results of its investigations to EASA and inform it of any action that it undertakes or proposes to undertake to remedy this deficiency.
regards,
HN39