Certificates of Airworthiness and Permits to Fly

This Subpart establishes the procedure for issuing airworthiness certificates to aircraft which conform to a type certificate that has been issued in accordance with this Annex.

Quoted word for word from Regulation (EU) No 748/2012, Easy Access Rules for Initial Airworthiness, 27 Nov 2025 revision.

(a)Pursuant to point 21.A.172, an application for an airworthiness certificate shall be made in a form and manner established by the competent authority of the Member State of registry.

(b)Each application for a certificate of airworthiness or a restricted certificate of airworthiness shall include:

1.the class of the airworthiness certificate for which an application has been made;

2.with regard to new aircraft:

(i)a statement of conformity:

issued under point 21.A.163(b); or

issued under point 21.A.130 and validated by the competent authority; or

for an imported aircraft, a statement of conformity issued under point 21.A.163(b) or, in the case of an aircraft imported in accordance with Article 9(2) of this Regulation, a statement signed by the exporting authority that the aircraft conforms to a design approved by the Agency;

(ii)the mass and balance statement corresponding to the aircraft current configuration, as applicable;

(iii)the flight manual if required by the applicable type-certification basis.

3.with regard to used aircraft that at the time of the application:

(i)has an airworthiness certificate issued in accordance with this Annex, a copy of such certificate and one of the following documents:

(A)a valid airworthiness review certificate (ARC) issued in accordance with Annex I (Part-M) or Annex Vb (Part-ML) to Commission Regulation (EU) No 1321/2014, or with Annex I (Part-ML.UAS) to Delegated Regulation (EU) 2024/1107, as applicable;

(B)a recommendation for the issuance of an airworthiness review certificate pursuant to an airworthiness review in accordance with Annex I (Part-M) to Regulation (EU) No 1321/2014, where the conditions set out in point M.A.901(b)(1) of Annex I (Part-M) to Regulation (EU) No 1321/2014 are not met;

(ii)does not have an airworthiness certificate issued in accordance with this Annex:

(A)a statement from the appropriate authority that was responsible for the oversight of the aircraft reflecting the airworthiness status of the aircraft at the time that authority ceased its oversight responsibilities;

(B)the mass and balance statement corresponding to the aircraft current configuration, as applicable;

(C)the flight manual if required by the applicable type-certification basis;

(D)historical records necessary to establish the production, configuration and maintenance standard of the aircraft, including all limitations associated with a restricted certificate of airworthiness issued in accordance with point 21.B.327;

(E)a recommendation for the issuance of an airworthiness review certificate pursuant to an airworthiness review in accordance with Annex I (Part-M) to Regulation (EU) No 1321/2014 or an airworthiness review certificate in accordance with Annex Vb (Part-ML) to Regulation (EU) No 1321/2014 or with Annex I (Part-ML.UAS) to Delegated Regulation (EU) 2024/1107, unless it is agreed that the airworthiness review is to be carried out by the competent authority;

(F)the date on which the first certificate of airworthiness was issued and, if the standards set out in Volume III of Annex 16 to the Chicago Convention apply, the CO2 metric value data;

(G)if the former airworthiness certificate of the aircraft was issued in accordance with this Annex but has been subsequently revoked or surrendered, alternatively to the statement required in point (A), all of the following documentation:

(a)a statement containing:

(1)the details of the reasons for the revocation or surrender of the airworthiness certificate;

(2)the details of how the aircraft has been preserved and maintained since the revocation or surrender of the airworthiness certificate;

(3)all other relevant information related to the condition and history of the aircraft;

(b)an evaluation programme developed and carried out in accordance with points 21.A.174(d)(3) and 21.A.174(d)(4), unless otherwise agreed by the competent authority of the Member State of registry.

(c)Unless otherwise agreed, the statements referred to in points (b)(2)(i) and (b)(3)(ii) shall be issued no more than 60 days before presentation of the aircraft to the competent authority of the Member State of registry.

[…]

Quoted word for word from Regulation (EU) No 748/2012, Easy Access Rules for Initial Airworthiness, 27 Nov 2025 revision.

The airworthiness certificate and the airworthiness review certificate shall be transferred together with the aircraft provided that the aircraft remains on the same register.

Quoted word for word from Regulation (EU) No 748/2012, Easy Access Rules for Initial Airworthiness, 27 Nov 2025 revision.

(a)Permits to fly shall be issued in accordance with this Subpart to aircraft that do not meet, or have not been shown to meet, applicable airworthiness requirements but are capable of safe flight under defined conditions and for the following purposes:

1.development;

2.showing compliance with regulations or certification specifications;

3.design organisations or production organisations crew training;

4.production flight testing of new production aircraft;

5.flying aircraft under production between production facilities;

6.flying the aircraft for customer acceptance;

7.delivering or exporting the aircraft;

8.flying the aircraft for Authority acceptance;

9.market survey, including customer’s crew training;

10.exhibition and air show;

11.flying the aircraft to a location where maintenance or airworthiness review are to be performed, or to a place of storage;

12.flying an aircraft at a weight in excess of its maximum certificated takeoff weight for flight beyond the normal range over water, or over land areas where adequate landing facilities or appropriate fuel is not available;

13.record breaking, air racing or similar competition;

14.flying aircraft meeting the applicable airworthiness requirements before conformity to the applicable environmental protection requirements has been demonstrated;

15.for non-commercial flying activity on individual non-complex aircraft or types for which a certificate of airworthiness or restricted certificate of airworthiness is not appropriate.

16.flying an aircraft for troubleshooting purposes or to check the functioning of one or more systems, parts or appliances after maintenance.

[…]

Quoted word for word from Regulation (EU) No 748/2012, Easy Access Rules for Initial Airworthiness, 27 Nov 2025 revision.

(a)A permit to fly (EASA Form 20a, see Appendix III) may be issued by the competent authority under the conditions specified in point 21.B.525.

(b)An appropriately approved design organisation may issue a permit to fly (EASA Form 20b, see Appendix IV) under the privilege granted under point 21.A.263(c)(7), when the flight conditions referred to in point 21.A.708 have been approved in accordance with point 21.A.710.

(c)An appropriately approved production organisation may issue a permit to fly (EASA Form 20b, see Appendix IV) under the privilege granted under point 21.A.163(e), when the flight conditions referred to in point 21.A.708 have been approved in accordance with point 21.A.710.

(d)An approved organisation may issue a permit to fly (EASA Form 20b, see Appendix IV) under the privilege granted in accordance with point CAMO.A.125 of Annex Vc (Part-CAMO) to Regulation (EU) No 1321/2014 or point CAO.A.095 of Annex Vd (Part-CAO) to Regulation (EU) No 1321/2014, or point CAO.UAS.095 of Annex II (Part-CAO.UAS) to Delegated Regulation (EU) 2024/1107, as applicable, when the flight conditions referred to in point 21.A.708 of this Annex have been approved in accordance with point 21.A.710 of this Annex.

(e)The permit to fly shall specify the purpose(s) and any conditions and restrictions which have been approved in accordance with point 21.A.710.

[…]

Quoted word for word from Regulation (EU) No 748/2012, Easy Access Rules for Initial Airworthiness, 27 Nov 2025 revision.

(a)An airworthiness certificate shall be issued for an unlimited period of time. It shall remain valid subject to compliance with all the following conditions:

1.the aircraft continues to comply with the applicable type design and continued airworthiness requirements; and

2.the aircraft remaining on the same register; and

3.the type-certificate or restricted type-certificate under which it is issued not being previously invalidated under point 21.A.51;

4.the certificate has not been revoked by the competent authority under point 21.B.65, or surrendered by the certificate holder.

[…]

Quoted word for word from Regulation (EU) No 748/2012, Easy Access Rules for Initial Airworthiness, 27 Nov 2025 revision.