21.B.80 Type-certification basis for a type-certificate or
restricted type-certificate
Regulation (EU) 2019/897
The Agency shall establish the type certification basis and notify it to the applicant for a type-certificate or restricted type-certificate. The type certification basis shall consist of:
(a) the certification specifications for airworthiness designated by the Agency from those applicable to the product at the date of application for that certificate, unless:
1. the applicant chooses to comply, or is required to comply in accordance with point 21.A.15(f), with certification specifications which became applicable after the date of the application; If an applicant chooses to comply with a certification specification which became applicable after the date of the application, the Agency shall include in the type-certification basis any other certification specification that is directly related; or
2. the Agency accepts any alternative to a designated certification specification that cannot be complied with, for which compensating factors have been found that provide an equivalent level of safety; or
3. the Agency accepts or prescribes other means that:
(i) in the case of a type-certificate, demonstrate compliance with the essential requirements of Annex II to Regulation (EU) 2018/1139; or
(ii) in the case of a restricted type-certificate, provide a level of safety adequate with regard to the intended use; and
(b) any special condition prescribed by the Agency in accordance with point 21.B.75(a).