According to point 21.A.95(c), minor changes to a type-certificate can be approved using Certifications Specifications which became applicable after those incorporated by reference in the type-certificate, provided that they do not affect the demonstration of compliance. Could you please clarify under which conditions the demonstration of compliance is not affected?
Answer
The ‘demonstration of compliance’ mentioned in point 21.A.95(c) is to be read as the ‘demonstration of compliance’ which the applicant would have performed in case ‘the type certification basis and environmental protection requirements incorporated by references in the TC’ are demonstrated compliant as required by point 21.A.95(b)(1).
If a later amendment of the CS is elected to be used as the certification basis for the minor change, the demonstration of compliance as per point 21.A.95(b)1 still needs to be covered.
This means that an analysis needs to be performed on the differences between the ‘the type certification basis and environmental protection requirements incorporated by references in the TC’ and the later amendment of the CS for the following items:
- Any applicable Special Condition needs to be covered appropriately;
- Any applicable Equivalent Level Of Safety needs to be covered appropriately;
- Any later CS paragraph needs to be applicable to the particular aircraft and compliance demonstration needs to feasible.