Regulation (EU) 2022/1358
This Subpart establishes the procedure for applying for a certificate of airworthiness or a restricted certificate of airworthiness for an aircraft whose design has been certified or declared in accordance with this Annex, and establishes the rights and obligations of the applicants for, and holders of, those certificates.
Regulation (EU) 2022/1358
Any natural or legal person under whose name an aircraft is registered or will be registered in a Member State (‘Member State of registry’) may apply for a certificate of airworthiness or for a restricted certificate of airworthiness for that aircraft under the conditions laid down in this Subpart.
21L.A.143 Application for a certificate of airworthiness or a restricted certificate of airworthiness
Regulation (EU) 2022/1358
(a) A natural or legal person shall apply for a certificate of airworthiness or a restricted certificate of airworthiness in a form and manner established by the competent authority of the Member State of registry.
(b) A natural or legal person may apply for:
1. a certificate of airworthiness for aircraft which conform to a type certificate that has been issued by the Agency in accordance with Subpart B of Section B of this Annex; or
2. a restricted certificate of airworthiness for aircraft which conform to a declaration of design compliance in accordance with Subpart C of this Annex which is registered by the Agency in accordance with point 21L.B.63 at the time of application.
(c) For a new aircraft that conforms to a type certificate issued by the Agency, the applicant shall include in the application:
1. an aircraft statement of conformity (EASA Form 52 or EASA Form 52B)
(i) a production organisation that has declared their production capability under Subpart G of this Annex and has been registered by the competent authority in accordance with point 21L.B.142; or
(ii) a production organisation approval holder under the privileges of point (b) of point 21.A.163 of Annex I (Part 21) ;
2. a weight and balance report with a loading schedule;
3. the flight manual if required by the applicable type-certification basis.
(d) For a new aircraft that conforms to a declaration of design compliance which is registered by the Agency, the applicant shall include in the application:
1. an aircraft statement of conformity (EASA Form 52B) that is either issued or signed by:
(i) a natural or legal person in accordance with Subpart R of this Annex;
(ii) a production organisation that has declared their production capability under Subpart G of this Annex and has been registered by the competent authority in accordance with point 21L.B.142; or
(iii) a production organisation approval holder under the privileges of point (d) of point 21.A.163 of Annex I (Part 21) ;
2. a weight and balance report with a loading schedule;
3. the flight manual if required by the applicable detailed technical specifications for the declaration of design compliance.
(e) For a used aircraft originating from a Member State, the applicant shall include in the application an airworthiness review certificate issued in accordance with Annex I (Part-M) or Annex Vb (Part‑ML) to Regulation (EU) No 1321/2014.
(f) For a used aircraft originating from a non-Member State, the applicant shall include in the application:
1. a statement from the competent authority of the State where the aircraft is, or was, registered, reflecting the airworthiness status of the aircraft at the time of transfer;
2. the historical records to establish the production, modification, and maintenance standard of the aircraft;
3. a weight and balance report with a loading schedule;
4. the flight manual;
5. a recommendation for the issuance of a certificate of airworthiness or restricted certificate of airworthiness and for an airworthiness review certificate pursuant to an airworthiness review in accordance with Annex I (Part-M) to Regulation (EU) No 1321/2014 or an airworthiness review certificate in accordance with Annex Vb (Part-ML) to Regulation (EU) No 1321/2014.
(g) Unless otherwise agreed, the statements referred to in points (c)(1), (d)(1) and (f)(1) shall be issued no more than 60 days before the presentation of the aircraft to the competent authority of the Member State of registry.
GM1 21L.A.143(c)(1)(ii) Application for a certificate of airworthiness or a restricted certificate of airworthiness
ED Decision 2023/013/R
APPROVED PRODUCTION ORGANISATIONS THAT APPLY FOR A CERTIFICATE OF AIRWORTHINESS
The holder of a production organisation approval issued under Subpart G of Annex I (Part 21) to Regulation (EU) No 748/2012 should use EASA Form 52 (and not EASA Form 52B) when it uses its privileges under point 21.A.163(b) and applies for a certificate of airworthiness for an aircraft with a type certificate. This indicates to the competent authority that the production organisation utilises its privileges to apply for a certificate of airworthiness without further showing.
GM1 21L.A.143(d)(1)(iii) Application for a certificate of airworthiness or a restricted certificate of airworthiness
ED Decision 2023/013/R
APPROVED PRODUCTION ORGANISATIONS THAT APPLY FOR A RESTRICTED CERTIFICATE OF AIRWORTHINESS
The holder of a production organisation approval issued under Subpart G of Annex I (Part 21) to Regulation (EU) No 748/2012 should use EASA Form 52B (and not EASA Form 52) when it uses its privileges under point 21.A.163(b) and applies for a restricted certificate of airworthiness for an aircraft with a registered declaration of design compliance (declared aircraft). Only EASA Form 52B may be used for declared aircraft because references to the declaration are included in that form.
The holder of a production organisation approval should include its approval number on EASA Form 52B and indicate that this is an approved organisation so that the competent authority is made aware that the production organisation utilises its privileges to apply for a restricted certificate of airworthiness without further showing.
21L.A.144 Obligations of the applicant for a certificate of airworthiness or a restricted certificate of airworthiness
Regulation (EU) 2022/1358
The applicant for a certificate of airworthiness or for a restricted certificate of airworthiness shall:
(a) present the manuals, placards, listings, and instrument markings and other necessary information required by the applicable type-certification basis or by the applicable detailed technical specifications for declarations of design compliance in one or more of the official language(s) of the European Union acceptable to the competent authority of the Member State of registry;
(b) demonstrate that their aircraft is identified in accordance with Subpart Q of this Annex;
(c) arrange for inspections of the competent authority of the Member State of registry to assess whether the aircraft has any non-conformities that could affect the safety of the aircraft.
21L.A.145 Transferability and re-issuance of a certificate of airworthiness and of a restricted certificate of airworthiness within Member States
Regulation (EU) 2022/1358
Where the ownership of an aircraft has changed:
(a) if it remains on the same register, the certificate of airworthiness, or the restricted certificate of airworthiness issued in accordance with Subpart H of Section B of this Annex, shall be transferred together with the aircraft;
(b) if the aircraft is intended to be registered in another Member State, the natural or legal person under whose name the aircraft will be registered shall apply to the competent authority of the new Member State of registry for a new certificate of airworthiness or a restricted certificate of airworthiness and shall include in this application the former certificate of airworthiness or restricted certificate of airworthiness issued in accordance with Subpart H of Section B of this Annex and a valid airworthiness review certificate issued in accordance with Annex I (Part-M) or Annex Vb (Part-ML) to Regulation (EU) No 1321/2014.
21L.A.146 Continued validity of a certificate of airworthiness and of a restricted certificate of airworthiness
Regulation (EU) 2022/1358
(a) A certificate of airworthiness or a restricted certificate of airworthiness shall remain valid as long as:
1. the aircraft remains on the same register;
2. the certificate has not been surrendered by the holder;
3. the aircraft remains in compliance with the relevant requirements of Regulation (EU) and the delegated and implementing acts adopted on the basis thereof and with the applicable type design or with the applicable design data of an aircraft for which design compliance has been declared, and with the continuing airworthiness requirements, taking into account the provisions related to the handling of findings as specified under point 21L.B.21;
4. the certificate has not been revoked by the competent authority of the Member State of registry under point 21L.B.22.
(b) Upon surrender or revocation, the certificate shall be returned to the competent authority of the Member State of registry.