Commission Regulation (EU) No 748/2012Show full title

SUBPART H — CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS U.K.

21.B.320 Investigation U.K.

(a) The competent authority of the Member State of registry shall perform sufficient investigation activities for an applicant for, or holder of, an airworthiness certificate to justify the issuance, maintenance, amendment, suspension or revocation of the certificate or permit. U.K.

(b) The competent authority of the Member State of registry shall prepare evaluation procedures covering at least the following elements: U.K.

1.

evaluation of eligibility of the applicant;

2.

evaluation of the eligibility of the application;

3.

classification of airworthiness certificates;

4.

evaluation of the documentation received with the application;

5.

inspection of aircraft;

6.

determination of necessary conditions, restrictions or limitations to the airworthiness certificates.

21.B.325 Issue of airworthiness certificate U.K.

(a) The competent authority of the Member State of registry shall issue or change a certificate of airworthiness (EASA Form 25, see Appendix VI) without undue delay when it is satisfied that the requirements of point 21.B.326 and the applicable requirements of Section A of Subpart H of this Annex I (Part 21) are met. U.K.

(b) The competent authority of the Member State of registry shall issue or change a Restricted certificate of airworthiness (EASA Form 24, see Appendix V) without undue delay when it is satisfied that requirements of point 21.B.327 and the applicable requirements of Section A of Subpart H of this Annex I (Part 21) are met. U.K.

[F1 (c) For a new aircraft or used aircraft originating from a non-member State, in addition to the appropriate airworthiness certificate referred to in point (a) or (b), the competent authority of the Member State of registry shall issue an initial airworthiness review certificate (EASA Form 15a or 15c, see Appendix II).] U.K.

Textual Amendments

F1 Substituted by Commission Delegated Regulation (EU) 2020/570 of 28 January 2020 amending and correcting Regulation (EU) No 748/2012 as regards the alignment of rules for continuing airworthiness of aircraft and aeronautical products, parts and appliances with Regulation (EU) No 1321/2014 (Text with EEA relevance).

[F2 21.B.326 Certificate of airworthiness U.K.

The competent authority of the Member State of registry shall issue a certificate of airworthiness for:

(a)

new aircraft:

1.

upon presentation of the documentation required by point 21.A.174(b)(2);

2.

where the competent authority of the Member State of registry is satisfied that the aircraft conforms to an approved design and is in a condition for safe operation; this may include inspections by the competent authority of the Member State of registry; and

3.

where the competent authority of the Member State of registry is satisfied that the aircraft is in compliance with the applicable CO ₂ emissions requirements on the date on which the certificate of airworthiness is first issued.

(b)

used aircraft:

1.

upon presentation of the documentation required by point 21.A.174(b)(3) demonstrating that:

(i)

the aircraft conforms to a type design approved under a type-certificate and any supplemental type-certificate, change or repair approved in accordance with this Annex I (Part 21) and;

(ii)

the applicable airworthiness directives have been complied with and;

(iii)

[F1 the aircraft has been inspected in accordance with the provisions of Annex I (Part-M) or Annex Vb (Part-ML) of Regulation (EU) No 1321/2014, as appropriate.]

(iv)

the aircraft was in compliance with the applicable CO ₂ emissions requirements on the date on which the certificate of airworthiness was first issued;

2.

where the competent authority of the Member State of registry is satisfied that the aircraft conforms to an approved design and is in a condition for safe operation; this may include inspections by the competent authority of the Member State of registry and;

3.

where the competent authority of the Member State of registry is satisfied that the aircraft was in compliance with the applicable CO ₂ emissions requirements on the date on which the certificate of airworthiness was first issued.]

Textual Amendments

F2 Substituted by Commission Delegated Regulation (EU) 2019/897 of 12 March 2019 amending Regulation (EU) No 748/2012 as regards the inclusion of risk-based compliance verification in Annex I and the implementation of requirements for environmental protection (Text with EEA relevance).

21.B.327 Restricted certificate of airworthiness U.K.

(a) The competent authority of the Member State of registry shall issue a restricted certificate of airworthiness for: U.K.

1.

new aircraft:

(i)

upon presentation of the documentation required by point 21.A.174(b)(2);

(ii)

when the competent authority of the Member State of registry is satisfied that the aircraft conforms to a design approved by the Agency under a restricted type-certificate or in accordance with specific airworthiness specifications, and is in a condition for safe operation. This may include inspections by the competent authority of the Member State of registry;

2.

used aircraft:

(i)

upon presentation of the documentation required by point 21.A.174(b)(3) demonstrating that:

(A)

the aircraft conforms to a design approved by the Agency under a restricted type-certificate or in accordance with specific airworthiness specifications and any supplemental type-certificate change or repair approved in accordance with this Annex I (Part 21); and

(B)

the applicable airworthiness directives have been complied with; and

(C)

[F1 the aircraft has been inspected in accordance with the provisions of Annex I (Part-M) or Annex Vb (Part-ML) of Regulation (EU) No 1321/2014, as appropriate;]

(ii)

when the competent authority of the Member State of registry is satisfied that the aircraft conforms to the approved design and is in a condition for safe operation. This may include inspections by the competent authority of the Member State of registry.

(b) For an aircraft that cannot comply with the essential requirements referred to in Regulation (EC) No 216/2008 and which is not eligible for a restricted type-certificate, the Agency shall, as necessary to take account of deviations from these essential requirements: U.K.

1.

issue and check compliance with specific airworthiness specifications ensuring adequate safety with regard to the intended use, and

2.

specify limitations for use of this aircraft.

(c) Limitations for use will be associated with restricted certificates of airworthiness, including airspace restrictions, as necessary to take account of deviations from essential requirements for airworthiness laid down in Regulation (EC) No 216/2008. U.K.

21.B.330 Suspension and revocation of certificates of airworthiness and restricted certificates of airworthiness U.K.

(a) Upon evidence that any of the conditions specified in point 21.A.181(a) is not met, the competent authority of the Member State of registry shall suspend or revoke an airworthiness certificate. U.K.

(b) Upon issuance of the notice of suspension and revocation of a certificate of airworthiness or restricted certificate of airworthiness the competent authority of the Member State of registry shall state the reasons for the suspension or revocation and inform the holder of the certificate of its right to appeal. U.K.

21.B.345 Record-keeping U.K.

(a) The competent authority of the Member State of registry shall establish a system of record-keeping that allows adequate traceability of the process to issue, maintain, amend, suspend or revoke each individual airworthiness certificate. U.K.

(b) The records shall at least contain: U.K.

1.

the documents provided by the applicant;

2.

documents established during the investigation, in which the activities and the final results of the elements defined in point 21.B.320(b) are stated; and

3.

a copy of the certificate or permit, including amendments.

(c) The records shall be archived for a minimum retention period of six years after leaving that national register. U.K.