21.B.320 Investigation

1.Determination of necessary conditions, restrictions and/or limitations on the airworthiness certificate issued by a Member State The competent authority of the Member State of registry may issue under its own legislation a document to list and identify all necessary conditions, restrictions and limitations that result from the investigation by the Agency and/or from the legislation of the competent authority of the Member State of registry. This document could take the form of an addendum to the approved flight manual or operating instruction or comparable document and should be referenced in Block 5 (limitations/remarks) of the appropriate certificate of airworthiness.

INVESTIGATIONS REQUIRED FOR THE ISSUANCE OF AN AIRWORTHINESS CERTIFICATE FOR USED IMPORTED AIRCRAFT

(a)The competent authority should establish a procedure describing the investigation process to ensure that the documentation provided with the application is accurate and that the aircraft or unmanned aircraft system (UAS), as applicable, conforms to an approved design, is in a condition for safe operation, and meets the applicable requirements of Section A Subpart H of Annex I (Part 21). The depth of such investigations should be determined using a risk-based approach, considering multiple factors, including but not limited to the following:

(1)Origin of the aircraft Assess the oversight environment under which the aircraft was previously operated. This assessment may include, as appropriate:

(i)consideration of the safety oversight capabilities of the States where the aircraft was registered; for example, based on the ICAO airworthiness implementation score;

(ii)the existence of bilateral agreements or working arrangements with the State of registry;

(iii)verification of whether the aircraft was part of an operator included in the EU Air Safety List or originated from a State with operators listed there.

(2)Previous experience with the organisations involved Take into account how the organisation responsible for the continuing airworthiness management and the organisation responsible for issuing the airworthiness review certificate or recommendation have previously complied with the applicable requirements.

(3)Type of previous operations Consider whether the aircraft was used in commercial air transport, private operations, special operations such as firefighting, or other categories that may influence its airworthiness status.

(4)Time outside the EU regulatory system Assess the period during which the aircraft has been subject to a different regulatory system.

(b)The assessment of the recommendation for the issuance of the airworthiness review certificate, as per point M.B.902 of Regulation (EU) No 1321/2014, may be conducted in conjunction with the investigations required for the issuance of the airworthiness certificate.

(c)If there are doubts about the adequacy of the maintenance performed, including concerns regarding its quality or integrity, it may be necessary to either perform the maintenance again or have it thoroughly inspected by a person or an approved organisation, as applicable under Regulation (EU) No 1321/2014 or Delegated Regulation (EU) 2024/1107, to ensure that the aircraft meets the applicable airworthiness standards. This may be required, for example, if the maintenance was performed by organisations with inadequate oversight or if there is evidence indicating that the aircraft has been subject to poor airworthiness standards.

(d)When importing an aircraft from a third country with which the competent authority has limited previous experience, the competent authority may contact other Member States that have previously imported aircraft from that same third country in order to benefit from their experience and share any relevant information.