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

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 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 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(a), (b) and (c) of Annex I (Part 21) shall not apply;

(c)      by way of derogation from point 21.B.80 of Annex I (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(a) and (d) of Annex I (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 of Annex I (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 of Annex I (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(a) of Annex I (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.