21L.B.43 Type-certification basis for a type certificate
Regulation (EU) 2022/1358
(a) The Agency shall establish the type-certification basis and notify it to the applicant. The type‑certification basis shall consist of:
1. the certification specifications for airworthiness designated by the Agency from those applicable to the product at the date of application for that certificate, unless:
(i) the applicant chooses to comply 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
(ii) 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
(iii) the Agency accepts or prescribes other means that demonstrate compliance with the essential requirements of Annex II to Regulation (EU) 2018/1139;
2. any special condition prescribed by the Agency in accordance with point 21L.B.44(a).
(b) The Agency may amend the type-certification basis at any point before the issuance of the type certificate if it has determined that experience from other similar products in service, or products that have similar design features, has shown that unsafe conditions may develop, and the type-certification basis that was established and notified to the applicant does not address this unsafe condition.
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