21.B.320 Investigation

Regulation (EU) No 748/2012

(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.

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

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.

GM 21.B.320(b)(6) Investigation

ED Decision 2012/020/R

1. Determination of necessary conditions, restrictions and/or limitations on the airworthiness certificate issued by a Member State

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 that result from the investigation by the Agency 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 instruction or comparable document and should be referenced in Block 5 (limitations/remarks) of the appropriate certificate of airworthiness.

21.B.325 Issuance of airworthiness certificate

Regulation (EU) 2022/203

(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.

(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.

(c) 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) to Commission Regulation (EU) No 1321/2014, an initial airworthiness review certificate (EASA Form 15a, Appendix II);

2. for new aircraft subject to Annex Vb (Part‑ML) to Commission 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 Commission Regulation (EU) No 1321/2014, an initial airworthiness review certificate (EASA Form 15c, Appendix II), when the competent authority has performed the airworthiness review.

GM 21.B.325(a) Airworthiness certificates

ED Decision 2012/020/R

1. Completion of the certificate of airworthiness by a Member State

Block 5: Insert restrictions developed in accordance with Part 21, including any reference to limitations as indicated in GM 21.B.320(b)(6).

2. Completion of the restricted certificate of airworthiness by a Member State

Block 5: Insert restrictions developed in accordance with Part 21, including any reference to limitations as indicated in GM 21.B.320(b)(6).

GM 21.B.325(b) Completion of the Airworthiness Review Certificate by a Member State

ED Decision 2012/020/R

1. Purpose

In accordance with the applicable continuing airworthiness requirements a certificate of airworthiness is valid only if a valid airworthiness review certificate is attached to it. For new aircraft, the competent authority will issue the airworthiness review certificate when issuing the certificate of airworthiness.

21.B.326 Certificate of airworthiness

Regulation (EU) 2020/570

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 CO2 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) 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 CO2 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 CO2 emissions requirements on the date on which the certificate of airworthiness was first issued.

21.B.327  Restricted certificate of airworthiness

Regulation (EU) 2020/570

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

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) 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:

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.