21.B.103 Issuance of a type-certificate or a restricted type-certificate

(a)The Agency shall issue an aircraft, engine, propeller or CMU type-certificate or an aircraft restricted type- certificate, provided that all of the following conditions are fulfilled:

1.the applicant complies with point 21.A.21;

2.the Agency, through verification of the demonstration of compliance in accordance with its involvement determined in accordance with point 21.B.100, has not found any non-compliance with the applicable type-certification basis, the operational suitability data certification basis, where applicable, in accordance with point 21.B.82, and the applicable environmental protection requirements;

3.no feature or characteristic has been identified that may render the product, the UAS or the CMU unsafe for the use for which certification is requested.

(b)By derogation from point (a), at the applicant's request included in the declaration referred to in point 21.A.20(d), the Agency may issue an aircraft type-certificate before compliance with the operational suitability data certification basis has been demonstrated, provided that the applicant demonstrates such compliance before the date at which those data are to be actually used.