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Article 3 Continued validity of type-certificates and related certificates of airworthiness

Available versions for ERULES-1963177438-3638

Regulation (EU) 2023/1028 found in: Initial Airworthiness and Environmental Protection (No 748/2012) Part-21 Part-21L (Jul 2024)

Version Text

Article 3 Continued validity of type-certificates and related
certificates of airworthiness

Regulation (EU) 2023/1028

1.       With regard to products which had a
type-certificate, or a document allowing the issuing of a certificate of
airworthiness, issued before 28 September 2003
by a Member State, the following provisions shall apply:

(a)      the product shall be deemed to have a
type-certificate issued in accordance with this Regulation when:

(i)      its type-certification basis was:

—
   the JAA type-certification
basis, for products that have been certificated under JAA procedures, as
defined in their JAA data sheet, or

—
   for other products, the
type-certification basis as defined in the type-certificate data sheet of the
State of design, if that State of design was:

—
    a Member State, unless the
Agency determines, taking into account, in particular, certification
specifications used and service experience, that such type-certification basis
does not provide for a level of safety equivalent to that required by [Regulation (EU) 2018/1139](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32018R1139) and this Regulation, or

—
    a State with which a Member
State had concluded a bilateral airworthiness agreement or similar arrangement
under which such products have been certificated on the basis of the
certification specifications of that State of design, unless the Agency determines
that such certification specifications or service experience or the safety
system of that State of design do not provide for a level of safety equivalent
to that required by [Regulation (EU) 2018/1139](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32018R1139) and this Regulation.

The
Agency shall make a first evaluation of the implication of the provisions of
the second indent in view of producing an opinion to the Commission including
possible amendments to this Regulation;

(ii)     the environmental protection requirements
were those laid down in Annex 16 to the Chicago Convention, as applicable to
the product;

(iii)     the applicable airworthiness directives
were those of the State of design.

(b)     the design of an individual aircraft,
which was on the register of a Member State before 28 September 2003,
shall be deemed to have been approved in accordance with this Regulation when:

(i)      its basic type design was part of a
type-certificate referred to in point (a);

(ii)     all changes to this basic type design,
which were not under the responsibility of the type-certificate holder, had
been approved; and

(iii)     the airworthiness directives issued or
adopted by the Member State of registry before 28 September 2003
were complied with, including any variations to the airworthiness directives
of the State of design agreed by the Member State of registry.

2.       With regard to products for which a
type-certification process was proceeding through the JAA or a Member State on
28 September 2003, the following shall apply:

(a)      if a product is under certification by
several Member States, the most advanced project shall be used as the
reference;

(b)     points [21.A.15](#_DxCrossRefBm1649096854)(a), (b) and (c)
of [Annex I](#_DxCrossRefBm1649096844)
(Part 21) shall not apply;

(c)      by way of derogation from point [21.B.80](#_DxCrossRefBm1649096853) of [Annex I](#_DxCrossRefBm1649096844)
(Part 21), the type-certification basis shall be that established by the JAA
or, where applicable, the Member State at the date of application for the
approval;

(d)     compliance findings made under JAA or
Member State procedures shall be deemed to have been made by the Agency for
the purposes of compliance with points [21.A.20](#_DxCrossRefBm1649096852)(a) and (d) of [Annex I](#_DxCrossRefBm1649096844) (Part 21).

3.       With regard to products that have a
national type certificate, or equivalent, and for which the approval process
of a change carried out by a Member State was not finalised at the time when
the type certificate had to be approved in accordance with this Regulation,
the following conditions shall apply:

(a)      if an approval process is being carried
out by several Member States, the most advanced project shall be used as the
reference;

(b)     point [21.A.93](#_DxCrossRefBm1649096851) of [Annex I](#_DxCrossRefBm1649096844) (Part 21) shall not apply;

(c)      the applicable type-certification basis
shall be that established by the JAA or, where applicable, the Member State at
the date of application for the approval of change;

(d)     compliance findings made under JAA or
Member State procedures shall be deemed to have been made by the Agency for
the purposes of compliance with point [21.B.107](#_DxCrossRefBm1649096850) of [Annex I](#_DxCrossRefBm1649096844) (Part 21).

4.       With regard to products that had a
national type-certificate, or equivalent, and for which the approval process
of a major repair design carried out by a Member State was not finalised at
the time when the type-certificate had to be determined in accordance with
this Regulation, compliance findings made under JAA or Member State procedures
shall be deemed to have been made by the Agency for the purpose of complying
with point [21.A.433](#_DxCrossRefBm1649096849)(a) of [Annex I](#_DxCrossRefBm1649096844) (Part 21).

5.       A certificate of airworthiness issued by
a Member State attesting conformity with a type-certificate determined in
accordance with paragraph 1 shall be deemed to comply with
this Regulation.