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.
Guidance on issuing restricted certificates of airworthiness under Part 21 Light, covering declaration registration, EASA verification, and handling delays after joint first-article inspections.
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