21.A.97 Requirements for approval of a major change

(a)Major changes to a type-certificate shall be classified and approved by:

1.the Agency; or

2.an approved design organisation within the scope of its privileges provided for in points (1) and (8) of point 21.A.263(c), as recorded in the terms of approval.

(b)A major change to a type-certificate shall only be approved:

1.when it has been demonstrated that the change and areas affected by the change comply with the type-certification basis and environmental protection requirements, as established by the Agency in accordance with point 21.A.101;

2.in the case of a change affecting the operational suitability data, when it has been demonstrated that the necessary changes to the operational suitability data meet the operational suitability data certification basis, as established by the Agency in accordance with point 21.A.101; and

3.when compliance with points (1) and (2) has been demonstrated in accordance with point 21.A.20, as applicable to the change.

(c)By way of derogation from points (2) and (3) of point (b), at the applicant’s request included in the declaration referred to in point 21.A.20(d), a major change to an aircraft type-certificate may be approved before compliance with the applicable operational suitability data certification basis has been demonstrated, provided that the applicant demonstrates such compliance before the date on which this data is actually used.

(d)An approval of a major change to a type-certificate shall be limited to the specific configuration(s) in the type-certificate to which the change relates.