Regulation (EU) 2022/1361
(a) The competent authority of the Member State of registry shall prepare procedures for its investigations, covering at least the following elements:
1. evaluation of the eligibility of the applicant;
2. evaluation of the conditions for the application;
3. classification of airworthiness certificates;
4. evaluation of the documentation received with the application;
5. inspections of aircraft;
6. determination of the necessary conditions, restrictions or limitations to the certificate.
(b) Upon receiving an application for a certificate of airworthiness or a restricted certificate of airworthiness, the competent authority of the Member State of registry shall verify whether the aircraft is within the scope established in point 21L.A.141.
(c) The competent authority of the Member State of registry shall perform sufficient investigation activities to justify the issuance, maintenance, amendment, suspension or revocation of the certificate of airworthiness or restricted certificate of airworthiness. When conducting investigations related to the issuance of a certificate of airworthiness or a restricted certificate of airworthiness for a newly produced aircraft, the competent authority of the Member State of registry shall evaluate the need to conduct a physical inspection of the aircraft to ensure the conformity and safety of flight of the aircraft prior to the issuance of a certificate of airworthiness or a restricted certificate of airworthiness. This evaluation shall take into account:
1. the results of the physical inspection of the first article of that product in the final configuration, conducted in accordance with point (b) of point 21L.B.143 or point (b) of point 21L.B.251 by the competent authority of the Member State of registry, or by the competent authority overseeing the organisation or the natural or legal person that produced this aircraft, if different;
2. the time period since the last physical inspection conducted by the competent authority of the Member State of registry of an aircraft produced by the organisation, or the natural or legal person that produced that aircraft;
3. the results of the oversight conducted under Subpart G of this Annex or under Subpart G of Section B of Annex I (Part 21) of the organisation issuing the statement of conformity for the aircraft, or the verification conducted under Subpart R of Section A of this Annex of other statements of conformity (EASA Form 52B) or authorised release certificates (EASA Form 1) that were issued by the same signatory;
4. the time period since the last oversight visit of the organisation in accordance with Subpart G of this Annex, or Subpart G of Section B of Annex I (Part 21), or since the last verification conducted under Subpart R of Section A of this Annex of a statement of conformity (EASA Form 52B) or authorised release certificate (EASA Form 1) issued by the same signatory.
GM1 21L.B.161(a)(6) Investigation
ED Decision 2023/013/R
CONDITIONS, RESTRICTIONS OR LIMITATIONS TO THE CERTIFICATE
The competent authority of the Member State of registry may issue under its own legislation a document to list and identify all necessary conditions, restrictions and limitations to a certificate that result from the investigation by EASA and/or from the legislation of the competent authority of the Member State of registry. This document could take the form of an addendum to the approved flight manual or operating instructions or comparable document, and should be referenced in Block 5 (limitations/remarks) of the appropriate certificate of airworthiness.
GM1 21L.B.161(c) Investigation
ED Decision 2023/013/R
INVESTIGATIONS
In the case that the applicant for a certificate of airworthiness or restricted certificate of airworthiness issues an EASA Form 52 or an EASA Form 52B under the privileges granted as an approved production organisation under points (b) and (d) respectively of point 21.A.163 of Annex I to Regulation (EU) No 748/2012, then no further action (i.e. no further showing) to investigate the conformity of a particular aircraft is required before issuing the certificate.
EVALUATION OF THE NEED TO CONDUCT A PHYSICAL INSPECTION OF THE AIRCRAFT TO ENSURE THE CONFORMITY AND SAFETY OF FLIGHT OF THE AIRCRAFT
In the case where the production organisation has not been granted the privileges under points (b) and (d) of point 21.A.163 of Annex I (Part 21) to Regulation (EU) No 748/2012, the evaluation of the need to conduct a physical inspection of the aircraft prior to issuing a certificate of airworthiness or restricted certificate of airworthiness will depend on the factors detailed in points (1) to (4) of point 21L.B.161(c). Further explanations on how these factors will influence the need to conduct a physical inspection are provided below:
(a) Results of the physical inspection of the first-article inspection by the competent authority of the Member State of manufacture
Under points 21L.B.143(b) and 21L.B.251(b) the competent authority of the Member State of manufacture is required to conduct a first-article inspection of an aircraft that has been produced for the first time by the production organisation or the natural or legal person that has issued an EASA Form 52B. This first-article inspection should be considered to provide sufficient investigation to issue the first certificate of airworthiness or restricted certificate of airworthiness by the competent authority of the Member State of registry provided there are no findings raised during the first-article inspection. If findings are raised, then the competent authority of the Member State of registry, in direct coordination with the competent authority of the Member State of manufacture, should determine whether there is a need to conduct a further physical inspection to ensure that the findings have been resolved to enable the issuance of the first certificate of airworthiness or restricted certificate of airworthiness by the competent authority. It is foreseen that any findings that affect the airworthiness or safety of flight of the aircraft that was inspected should be resolved to the satisfaction of the competent authority of the Member State of registry in direct coordination with the competent authority of the Member State of manufacture before the first certificate of airworthiness or restricted certificate of airworthiness can be issued.
The results of the first-article inspection should be shared by the competent authority of the Member State of manufacture with any other competent authority that has been requested to issue a certificate of airworthiness or restricted certificate of airworthiness in order for them to determine whether there is a need to conduct a physical inspection prior to issuing the certificate.
(b) Time period since the last physical inspection conducted by the competent authority of the Member State of registry
If the production organisation or the natural or legal person that has issued an EASA Form 52B has a low annual production rate (and, therefore, does not often request a certificate of airworthiness or a restricted certificate of airworthiness), then the competent authority of the Member State of registry may wish to conduct a larger number of physical inspections of the aircraft that are produced (e.g. higher sample rate) prior to issuing the certificate.
Conversely, if the production organisation or the natural or legal person that has issued an EASA Form 52B has a high production rate and frequently issues EASA Forms 52B (and, therefore, requests a certificate of airworthiness or a restricted certificate of airworthiness more often from the competent authority of the Member State of registry), and provided there are no issues, then the competent authority of the Member State of registry may decide to conduct a smaller number of physical inspections of the aircraft that are produced (e.g. lower sample rate) prior to issuing the certificate.
If the production organisation or the natural or legal person that has issued an EASA Form 52B has not produced an aircraft and has not issued an EASA Form 52B for a long time or has been dormant (and, therefore, has not requested a certificate of airworthiness or a restricted certificate of airworthiness for a long time), then the competent authority of the Member State of registry may wish to conduct a physical inspection more frequently (e.g. higher sample rate) until sufficient trust can be restored in the production organisation or the natural or legal person.
The exchange of information among the competent authorities of the Member States of registry on the outcome and results of physical inspections that have been conducted prior to issuing a certificate of airworthiness or a restricted certificate of airworthiness will help to facilitate the decision to conduct a physical inspection or not. If the competent authority of a Member State of registry has recently conducted (or is frequently conducting) a physical inspection, then the results may be shared with other competent authorities to avoid duplication or a larger than necessary number of physical inspections (e.g. the overall sample rate among all competent authorities is too high).
(c) Results of oversight activities conducted by the competent authority of the Member State of manufacture
During the evaluation of the need to conduct a physical inspection of an aircraft, the outcome of oversight activities of the production organisation or the natural or legal person that has issued an EASA Form 52B by the competent authority of the Member State of manufacture should be taken into consideration. For example, if level 1 findings or multiple level 2 findings have been raised by the competent authority of the Member State of manufacture in the past, then it is logical that the competent authority of the Member State of registry will want to conduct a physical inspection more frequently (possibility focusing more on the identified weaknesses that resulted in the findings being raised). Likewise, if the production organisation or the natural or legal person that has issued an EASA Form 52B is performing well and no issues have been discovered during oversight by the competent authority of the Member State of manufacture, then this will have an influence and the competent authority of the Member State of registry will decide to conduct physical inspections less frequently (e.g. lower sample rate) prior to issuing a certificate of airworthiness or a restricted certificate of airworthiness.
The competent authority of the Member State of manufacture should provide, upon request, the outcome, results and any findings as a result of oversight activities of the production organisation or the natural or legal person that has issued an EASA Form 52B to the competent authority of the Member State of registry to enable it to determine the need to conduct a physical inspection of an aircraft prior to issuing a certificate of airworthiness or a restricted certificate of airworthiness. This information exchange will help the competent authority of the Member State of registry to avoid a larger than necessary number of physical inspection of manufacturers that perform well during oversight.
(d) Time period since the last oversight visit conducted by the competent authority of the Member State for manufacture
If the competent authority of the Member State of manufacture has recently conducted an oversight of the production organisation or the natural or legal person, and provided no issues have been discovered, then there would be a reduced need for the competent authority of the Member State of registry to conduct a physical inspection of an aircraft shortly afterwards. Conversely, if it has been a while since the last oversight visit conducted by the competent authority of the Member State of manufacture, then there may be a greater need for the competent authority of the Member State of registry to conduct a physical inspection of the aircraft prior to issuing a certificate of airworthiness or a restricted certificate of airworthiness.
The competent authority of the Member State of manufacture should, upon request, provide the time period (and any other relevant information) since the last oversight visit of the production organisation or the natural or legal person that has issued an EASA Form 52B to the competent authority of the Member State of registry in order to allow it to determine the need to conduct a physical inspection prior to issuing a certificate of airworthiness or a restricted certificate of airworthiness. This information exchange will help avoid unnecessary physical inspections of aircraft (e.g. physical inspections conducted of aircraft that have been produced by a production organisation or a natural or legal person that has recently had an oversight visit).
21L.B.162 Issuance or amendment of a certificate of airworthiness or a restricted certificate of airworthiness
Regulation (EU) 2022/1361
(a) The competent authority of the Member State of registry shall issue or amend a certificate of airworthiness (EASA Form 25, see Appendix VI to Annex I (Part 21)) without undue delay when the applicant has provided the documentation required by point 21L.A.143 and complies with the obligations in point 21L.A.144, and when it is satisfied:
1. for new aircraft, that the aircraft, and its engine and propeller if applicable, conforms to a design approved in accordance with Subpart B of this Annex and is in a condition for safe operation;
2. for used aircraft, that:
(i) the aircraft, and its engine and propeller if applicable, conforms to a type design approved in accordance with Subpart B of this Annex and any supplemental type certificate, change or repair approved in accordance with Subpart D, E or M of this Annex;
(ii) the applicable airworthiness directives have been complied with; and
(iii) the aircraft, and its engine and propeller if applicable, has been inspected in accordance with Annex I (Part-M) or Annex Vb (Part-ML) to Regulation (EU) No 1321/2014.
(b) The competent authority of the Member State of registry shall issue or amend a restricted certificate of airworthiness (EASA Form 24B, see Appendix I) without undue delay when the applicant has provided the documentation required by point 21L.A.143 and complies with the obligations in point 21L.A.144, and when it is satisfied:
1. for new aircraft, that the aircraft, and its engine and propeller if applicable, conforms to an aircraft design for which design compliance has been declared in accordance with Subpart C of Section A of this Annex which is registered by the Agency in accordance with point 21L.B.63 at the time of application, and is in a condition for safe operation;
2. for used aircraft, that:
(i) the aircraft, and its engine and propeller if applicable, conforms to an aircraft design for which design compliance has been declared in accordance with Subpart C of Section A of this Annex, and which is registered by the Agency in accordance with point 21L.B.63 at the time of application, along with any design changes or repair design changes for which design compliance has been declared in accordance with Subpart F or N of Section A of this Annex which are registered by the Agency in accordance with point 21L.B.122 or point 21L.B.222, or by the declarant in accordance with point (c) of point 21L.A.105;
(ii) the applicable airworthiness directives have been complied with; and
(iii) the aircraft has been inspected in accordance with Annex I (Part-M) or Annex Vb (Part-ML) to Regulation (EU) No 1321/2014.
(c) By derogation from points (a) and (b) of point 21L.B.162, for a used aircraft originating from another Member State, the competent authority of the new Member State of registry shall issue the certificate of airworthiness or restricted certificate of airworthiness when the applicant has provided the documentation required by point (b) of point 21L.A.145 and when it is satisfied that the applicant complies with point (a) of point 21L.A.144.
(d) For new aircraft, and 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:
1. for aircraft subject to Annex I (Part-M)
2. for new aircraft subject to Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, an initial airworthiness review certificate (EASA Form 15c, Appendix II);
3. for used aircraft originating from a non-Member State and subject to Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, an initial airworthiness review certificate (EASA Form 15c, Appendix II), when the competent authority has performed the airworthiness review.
(e) A certificate of airworthiness or a restricted certificate of airworthiness shall be issued for an unlimited duration. It may be amended only by the competent authority of the Member State of registry.
GM1 21L.B.162(b) Issuance or amendment of a certificate of airworthiness or a restricted certificate of airworthiness
ED Decision 2023/013/R
In accordance with Article 18(2)(a) of Regulation (EU) 2018/1139, a restricted certificate of airworthiness is issued for individual aircraft that conform to a design that has been subject to a declaration of design compliance in accordance with Subpart C of Annex Ib (Part 21 Light). This should not be confused with a restricted certificate of airworthiness issued under Annex I (Part 21) to Regulation (EU) No 748/2012.
The term ‘registered by the Agency in accordance with point 21L.B.63 at the time of application’ means that the declaration of design compliance is registered and published on the EASA website, or registered in a repository for declarations of design compliance at the time of the application.
The competent authority should ensure that the relevant declaration of design compliance is still registered by EASA prior to issuing a restricted certificate of airworthiness. It is possible that EASA has either temporarily or permanently deregistered the declaration of design compliance in the event of discovering an issue that affects safety in accordance with point 21L.B.22(a)(9).
Following the joint first-article inspection conducted by EASA in accordance with point 21L.B.62(b) and the competent authority of the Member State of manufacture in accordance with either point 21L.B.143(b) or point 21L.B.251(b), it is possible that there could be a short delay in EASA conducting the necessary administrative actions to register the declaration of design compliance. In the interim, and to avoid any delays in issuing the first restricted certificate of airworthiness, the competent authority of the Member State of registry may directly contact EASA to confirm that there are no outstanding actions preventing the registration of the declaration of design compliance thereby enabling the competent authority of the Member State of registry to issue the first restricted certificate of airworthiness.
GM1 21L.B.162(d) Issuance or amendment of a certificate of airworthiness or a restricted certificate of airworthiness
ED Decision 2023/013/R
INITIAL AIRWORTHINESS REVIEW CERTIFICATE
In accordance with the applicable continuing airworthiness requirements, a certificate referred to in point 21L.B.162(a) and (b) is valid only if a valid airworthiness review certificate is attached to it. For new aircraft, the competent authority should issue the airworthiness review certificate when issuing the certificate referred to in point 21L.B.162(a) and (b).
Regulation (EU) 2022/1361
(a) Upon evidence of a violation of any of the conditions under which the certificate of airworthiness or the restricted certificate of airworthiness was issued, or that the holder does not comply with the relevant requirements of Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof or with the applicable type design or with the applicable design data of an aircraft for which design compliance has been declared, or with the continuing airworthiness requirements, the competent authority of the Member State of registry shall issue a finding in accordance with point 21L.B.21.
(b) When the type certificate under which the certificate of airworthiness was issued is suspended or revoked, or otherwise becomes invalid in accordance with point 21L.A.30, or the declaration of design compliance under which the restricted certificate of airworthiness was issued is not any longer registered in accordance with point 21L.B.63, the competent authority of the Member State of registry shall take action in accordance with point 21L.B.22.