21.B.327 Restricted certificate of airworthiness

(a)The competent authority of the Member State of registry shall issue a restricted certificate of airworthiness for:

1.new aircraft, upon presentation of the documentation required by point 21.A.174(b)(2);

2.used aircraft transferred from another Member State having a restricted certificate of airworthiness issued in accordance with this Annex, upon presentation of a copy of the current restricted certificate of airworthiness and any of the following: (i) the documentation required by point 21.A.174(b)(3)(i)(A); (ii) the documentation required by point 21.A.174(b)(3)(i)(B);

3.used aircraft not having a restricted certificate of airworthiness issued in accordance with this Annex, upon presentation of the documentation required by point 21.A.174(b)(3)(ii) demonstrating that the following conditions are met: (i) the aircraft or the UAS, as applicable, conforms to a design approved under a restricted type certificate or in accordance with specific airworthiness specifications, and any supplemental type-certificate, change or repair approved in accordance with this Annex; (ii) the applicable airworthiness directives have been complied with; (iii) an airworthiness review has been carried out in accordance with the applicable requirement of Annex I (Part-M) or Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, or Annex I (Part-ML.UAS) to Delegated Regulation (EU) 2024/1107, as applicable.

(b)For an aircraft that cannot comply with the essential requirements referred to in Regulation (EC) No 216/2008 and which is not eligible for a restricted type-certificate, the Agency shall, as necessary to take account of deviations from these essential requirements:

1.issue and check compliance with specific airworthiness specifications ensuring adequate safety with regard to the intended use, and

2.specify limitations for use of this aircraft.

(c)Limitations for use will be associated with restricted certificates of airworthiness, including airspace restrictions, as necessary to take account of deviations from essential requirements for airworthiness laid down in Regulation (EC) No 216/2008.

(d)For the cases referred to in points (a)(1), (a)(2)(ii) and (a)(3), the Member State of registry shall issue a restricted certificate of airworthiness when satisfied that the aircraft or the UAS, as applicable, conforms to an approved design and is in a condition for safe operation. This may include inspections by the competent authority of the Member State of registry.