Commission Decision of 6 February 2014 authorising Sweden and the United Kingdom to derogate from certain common aviation safety rules pursuant to Article 14(6) of Regulation (EC) No 216/2008 of the European Parliament and of the Council (notified under document C(2014) 559) (Text with EEA relevance) (2014/69/EU)

ANNEX VI Derogation by Sweden from the Regulation (EU) No 748/2012 (1) with respect to the existing provisions regarding the issuance of certificates of airworthiness for imported aircraft

1. DESCRIPTION OF THE REQUEST

In accordance with point 21.A.174(b)3(ii) of Annex I (Part-21) to Regulation (EU) No 748/2012, each application for a certificate of airworthiness, for an aircraft imported from a third country, shall include a statement by the competent authority of the State where the aircraft is or was registered, reflecting the airworthiness status of the aircraft on its register at the time of transfer.

By letter of 24 January 2011, the Swedish Transport Agency notified the Commission and EASA of their intention to derogate from the provisions of Commission Regulation (EC) No 1702/2003(2) (repealed by Regulation (EU) No 748/2012) and to waive the requirement to include such a statement.

2. ASSESSMENT OF THE REQUEST

2.1. Need

Sweden has identified a need to derogate from this rule, because in some cases such a statement is not available and cannot be obtained.

2.2. Equivalency of the level of protection

The intent of requiring the statement by the competent authority of the State where the aircraft is, or was, registered, reflecting the airworthiness status of the aircraft on its register at time of transfer when an aircraft is imported into an EASA state is to enable the importing State to verify that the aircraft conforms to a type design approved under an EASA type-certificate, that any supplemental type-certificate, change or repair had been approved in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012, and that the applicable airworthiness directives had been implemented.

The measure proposed by the Swedish Government to waive the requirement to include such as statement can provide for a level of protection equivalent to that prescribed by the applicable implementing rules in Annex I (Part-21) to Regulation (EU) No 748/2012 related to the necessary documents for the issuance of a certificate of airworthiness for a used aircraft imported from a non-EU state provided other means are used to achieve the required assurance. Those means are described under point 4.

3. DESCRIPTION OF THE DEROGATION

Sweden may accept applications for a certificate of airworthiness, for an aircraft imported from a third country, without a statement by the competent authority of the State where the aircraft is or was registered, reflecting the airworthiness status of the aircraft on its register at the time of transfer.

This derogation shall apply until amendment so resolve this issue, as part of the rulemaking task RMT.0020, of Subpart H (Certificate of Airworthiness and Restricted Certificates of Airworthiness) of Annex I (Part-21) to Regulation (EU) No 748/2012, is adopted and becomes applicable.

4. CONDITIONS ATTACHED TO THE APPLICATION OF THE DEROGATION

The competent authority shall examine the aircraft documentation and inspect the aircraft to verify that:

• the historical records of the aircraft are complete and sufficient to establish the production and modification standard,

• the aircraft was produced in accordance with the type design that was the basis for the EASA type certificate. For that purpose the historical records shall include a copy of the first certificate of airworthiness or export certificate issued for the new aircraft. Alternatively the applicant for the certificate of airworthiness can obtain a statement from the type certificate holder endorsed by the State of Design regarding the production status,

• the aircraft conforms to a type design approved under a type certificate,

• any supplemental type certificate, change or repairs are approved in accordance with Annex I (Part-21) to Regulation (EU) No 748/2012,

• the applicable airworthiness directives have been implemented.

Finally the competent authority shall establish that the results of its investigation are consistent with the results of the investigation by the organisation performing the airworthiness review in accordance with Annex I (Part M) to Commission Regulation (EC) No 2042/2003(3).

5. GENERAL APPLICABILITY OF THE DEROGATION

All Member States may apply this derogation provided that the conditions described in point 4 are met.

(1)

Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1).

(2)

Commission Regulation (EC) No 1702/2003 of 24 September 2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 243, 27.9.2003, p. 6).

(3)

Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks (OJ L 315, 28.11.2003, p. 1).