ADR.AR.C.020 Certification basis

EFFECTIVE CERTIFICATION SPECIFICATIONS

(a)The certification specifications that the Competent Authority should use to establish and notify the certification basis to the applicant, should be those that were effective during the date of the application.

(b)Notwithstanding paragraph (a) above, if at any point of the certification process the applicant requests to use certification specifications which came into force after the filing of his/her application, or the notification of the certification basis by the Competent Authority, then the Competent Authority should examine if it is necessary to also include in the certification basis other certification specifications, which also came into effect after the filling of the initial application and which are, in the opinion of the Competent Authority, directly related to those certification specifications that have been proposed by the applicant.

(c)Notwithstanding paragraph (a) and (b) above, the Competent Authority may at any time, after the filing of the application, decide to include in the certification basis any certification specifications that it deems necessary.

CASES OF EQUIVALENT LEVEL OF SAFETY AND SPECIAL CONDITIONS When deciding on cases of equivalent safety or special conditions and their respective underpinning justification material, the Competent Authority may consider whether any of the applicable certification specifications compares to a Standard or a Recommended Practice and their different implications foreseen by the ICAO Convention and its Annexes.

CERTIFICATION BASIS — PROPOSALS FOR EQUIVALENT LEVEL OF SAFETY When the Competent Authority assesses a proposal of an applicant who has requested to demonstrate an equivalent level of safety, the Competent Authority should pay, amongst others, particular attention to:

(a)the identification of the intent of the Agency’s certification specifications in question, and assess if the proposal satisfies that intent;

(b)any possible interconnections/relationships between the Agency’s certification specifications which the proposal is related to, with any other certification specifications or requirements, in order to:

(1)identify any implications of the proposal to other design, operational, human, or other elements of the system; and

(2)establish if such interconnections/relationships and implications have been properly and adequately addressed by the applicant. The applicant’s proposal may involve design, technical, procedural, or other suitable means. The demonstration of an equivalent level of safety may involve various methodologies, quantitative or qualitative, whose magnitude and complexity may vary, depending on each case. In any case, the applicant should demonstrate to the satisfaction of the Competent Authority that the proposed solution offers a level of safety, which is effectively not lower than that associated with the relevant Agency certification specifications.