Regulation (EU) No 748/2012
This Subpart establishes the procedure for issuing airworthiness certificates.
Regulation (EU) No 748/2012
Any natural or legal person under whose name an aircraft is registered or will be registered in a Member State (‘Member State of registry’), or its representative, shall be eligible as an applicant for an airworthiness certificate for that aircraft under this Subpart.
Regulation (EU) No 748/2012
Airworthiness certificates shall be classified as follows:
(a) certificates of airworthiness shall be issued to aircraft which conform to a type-certificate that has been issued in accordance with this Annex I (Part 21);
(b) restricted certificates of airworthiness shall be issued to aircraft:
1. which conform to a restricted type-certificate that has been issued in accordance with this Annex I (Part 21); or
2. which have been shown to the Agency to comply with specific airworthiness specifications ensuring adequate safety.
Regulation (EU) 2021/699
(a) Pursuant to point 21.A.172, an application for an airworthiness certificate shall be made in a form and manner established by the competent authority of the Member State of registry.
(b) Each application for a certificate of airworthiness or restricted certificate of airworthiness shall include:
1. the class of airworthiness certificate applied for;
2. with regard to new aircraft:
(i) a statement of conformity:
— issued under point 21.A.163(b); or
— issued under point 21.A.130 and validated by the competent authority; or
— for an imported aircraft, a statement signed by the exporting authority that the aircraft conforms to a design approved by the Agency;
(ii) a weight and balance report with a loading schedule and;
(iii) the flight manual, when required by the applicable certification specifications for the particular aircraft.
3. with regard to used aircraft originating from:
(i) a Member State, an airworthiness review certificate issued in accordance with Annex I (Part-M) or Annex Vb (Part-ML) to Commission Regulation (EU) No 1321/201428 Commission Regulation (EU) No 1321/2014 of 26 November 2014 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 362, 17.12.2014, p. 1).;
(ii) a non-member State:
— 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;
— a weight and balance report with a loading schedule;
— the flight manual when such a manual is required by the airworthiness code for the aircraft;
— historical records to establish the production, modification and maintenance standard of the aircraft, including all limitations associated with a restricted certificate of airworthiness issued in accordance with point 21.B.327;
— 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 1321/201429 Commission Regulation (EU) No 1321/2014 of 26 November 2014 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 362, 17.12.2014, p. 1). or an airworthiness review certificate in accordance with Annex Vb (Part-ML) to Regulation (EU) No 1321/2014.
— the date on which the first certificate of airworthiness was issued and, if the standards of Volume III of Annex 16 to the Chicago Convention apply, the CO2 metric value data
(c) Unless otherwise agreed, the statements referred to in points (b)(2)(i) and (b)(3)(ii) shall be issued no more than 60 days before presentation of the aircraft to the competent authority of the Member State of registry.
Regulation (EU) No 748/2012
The manuals, placards, listings, and instrument markings and other necessary information required by applicable certification specifications shall be presented in one or more of the official language(s) of the European Union acceptable to the competent authority of the Member State of registry.
21.A.177 Amendment or modification
Regulation (EU) No 748/2012
An airworthiness certificate may be amended or modified only by the competent authority of the Member State of registry.
21.A.179 Transferability and re-issuance within Member States
Regulation (EU) 2020/570
(a) Where ownership of an aircraft has changed:
1. if it remains on the same register, the certificate of airworthiness, or the restricted certificate of airworthiness conforming to a restricted type-certificate only, shall be transferred together with the aircraft;
2. if the aircraft is registered in another Member State, the certificate of airworthiness, or the restricted certificate of airworthiness conforming to a restricted type-certificate only, shall be issued:
(i) upon presentation of the former certificate of airworthiness and of a valid airworthiness review certificate issued in accordance with Annex I (Part-M) or Annex Vb (Part-ML) of Regulation (EU) No 1321/2014;
(ii) when satisfying point 21.A.175.
(b) Where ownership of an aircraft has changed, and the aircraft has a restricted certificate of airworthiness not conforming to a restricted type-certificate, the airworthiness certificates shall be transferred together with the aircraft provided the aircraft remains on the same register, or issued only with the formal agreement of the competent authority of the Member State of registry to which it is transferred.
21.A.181 Duration and continued validity
Regulation (EU) 2022/201
(a) An airworthiness certificate shall be issued for an unlimited period of time. It shall remain valid subject to compliance with all the following conditions:
1. the aircraft continues to comply with the applicable type design and continued airworthiness requirements; and
2. the aircraft remaining on the same register; and
3. the type-certificate or restricted type-certificate under which it is issued not being previously invalidated under point 21.A.51;
4. the certificate has not been revoked by the competent authority under point 21.B.65, or surrendered by the certificate holder.
(b) Upon surrender or revocation, the certificate shall be returned to the competent authority of the Member State of registry.
21.A.182 Aircraft identification
Regulation (EU) No 748/2012
Each applicant for an airworthiness certificate under this Subpart shall demonstrate that its aircraft is identified in accordance with Subpart Q.