21.B.326 Certificate of airworthiness

ACCEPTANCE OF THE EVALUATION PROGRAMME BY THE COMPETENT AUTHORITY When an application for an airworthiness certificate is submitted without a statement reflecting the aircraft’s airworthiness status, as specified in point 21.A.174(d), an evaluation programme should be submitted to the competent authority for acceptance. If the competent authority finds that the proposed evaluation programme is suitable to properly evaluate the status of the aircraft with regard to its configuration and maintenance, including conformity to the approved type design, existing modifications and repairs and maintenance, and continuing airworthiness status, it should accept it and notify the applicant about the acceptance and, if applicable, about the involvement of the authority in the proposed investigation activities. In making this determination, the competent authority should, if relevant, take into account its own experience with imports of aircraft originating from the same third-country regulatory framework or with known shortcomings typically observed in the same aircraft models that may require particular attention. If the competent authority finds that the proposed evaluation programme is insufficient to properly evaluate the status of the aircraft, it should reject the evaluation programme and provide a justification for its decision to do so.

CO2 EMISSIONS PRODUCTION CUT-OFF REQUIREMENTS Volume III of Annex 16 to the Chicago Convention (‘ICAO Annex 16') includes CO2 emissions production cut-off standards that apply to subsonic jet aeroplanes with a Maximum Take-Off Mass (MTOM) greater than 5 700 kg and propeller-driven aeroplanes with a MTOM greater than 8 618 kg, for which a type certificate was issued but that were not certified for CO2 emissions in accordance with Volume III of ICAO Annex 16, and for which the individual certificate of airworthiness (CofA) was first issued on or after 1 January 2028 (Sections 2.1.1.(f) and (g) of Chapter 2 of Part II of Volume III of ICAO Annex 16). These production cut-off standards were introduced with the first edition of Volume III of ICAO Annex 16. — For a new aeroplane (21.B.326(a)(1)(ii)): The competent authority assesses whether an aeroplane CO2 emissions production cut-off requirement applies to the aeroplane, and, if such a requirement applies, that the aeroplane conforms to this requirement before issuing the first CofA. — For a used aeroplane that does not have an airworthiness certificate issued in accordance with Part 21 (for example, an aeroplane imported from a third country) (21.B.326(a)(3)(iv)): The competent authority assesses whether an aeroplane CO2 emissions production cut-off requirement applied to the aeroplane when its first CofA was issued, and, if such a requirement applied, that the aeroplane conformed to that requirement on the date on which the CofA was first issued. The competent authority may check that the CO2 metric value provided by the applicant for a CofA corresponds to the CO2 metric value approved by the Agency for the aeroplane type. Note: For a used aeroplane that has an airworthiness certificate issued in accordance with Part 21 (for example, an aeroplane transferred from a Member State), the compliance with the applicable environmental protection requirements was already assessed for the issuance of the previous CofA. The competent authority may refer to the corresponding certified CO2 emissions evaluation metric values that are published by the Agency in the EASA Aeroplane CO2 Emissions Database2. These specific requirements ensure that the CO2 emissions production cut-off requirement that may apply to the aeroplane is not overlooked. Further guidance material on the applicability of the aeroplane CO2 emissions requirements is provided in ICAO Doc 9501 ‘Environmental Technical Manual’, Volume III ‘Procedures for the CO2 Emissions Certification of Aeroplanes’.

2 https://www.easa.europa.eu/en/domains/environment/easa-aeroplane-co2-emissions-database-0