21L.A.143 Application for a certificate of airworthiness or a restricted certificate of airworthiness

(a)A natural or legal person shall apply for a certificate of airworthiness or a restricted certificate of airworthiness in a form and manner established by the competent authority of the Member State of registry.

(b)A natural or legal person may apply for:

1.a certificate of airworthiness for aircraft which conform to a type certificate that has been issued by the Agency in accordance with Subpart B of Section B of this Annex; or

2.a restricted certificate of airworthiness for aircraft which conform to a declaration of design compliance in accordance with Subpart C of this Annex which is registered by the Agency in accordance with point 21L.B.63 at the time of application.

(c)For a new aircraft that conforms to a type certificate issued by the Agency, the applicant shall include in the application:

1.an aircraft statement of conformity (EASA Form 52 or EASA Form 52B)

(i)a production organisation that has declared their production capability under Subpart G of this Annex and has been registered by the competent authority in accordance with point 21L.B.142; or

(ii)a production organisation approval holder under the privileges of point (b) of point 21.A.163 of Annex I (Part 21) ;

2.the mass and balance statement corresponding to the aircraft current configuration, as applicable;

3.the flight manual if required by the applicable type-certification basis.

(d)For a new aircraft that conforms to a declaration of design compliance which is registered by the Agency, the applicant shall include in the application:

1.an aircraft statement of conformity (EASA Form 52B) that is either issued or signed by:

(i)a natural or legal person in accordance with Subpart R of this Annex;

(ii)a production organisation that has declared their production capability under Subpart G of this Annex and has been registered by the competent authority in accordance with point 21L.B.142; or

(iii)a production organisation approval holder under the privileges of point (d) of point 21.A.163 of Annex I (Part 21) ;

2.the mass and balance statement corresponding to the aircraft current configuration, as applicable;

3.the flight manual if required by the applicable detailed technical specifications for the declaration of design compliance.

(e)For a used aircraft which at the time of the application has an airworthiness certificate issued in accordance with this Annex, the applicant shall include in the application a copy of such certificate and one of the following:

1.a valid airworthiness review certificate (ARC) issued in accordance with Annex I (Part-M) or Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, as applicable;

2.a recommendation for the issuance of an airworthiness review certificate pursuant to an airworthiness review in accordance with Annex I (Part-M) to Regulation (EU) No 1321/2014, where the conditions set out in point M.A.901(b)(1) of Annex I (Part-M) to Regulation (EU) No 1321/2014 are not met.

(f)For a used aircraft which at the time of the application does not have an airworthiness certificate issued in accordance with this Annex, the applicant shall include all of the following documentation in the application:

1.a statement from the appropriate authority that was responsible for the oversight of the aircraft reflecting the airworthiness status of the aircraft at the time that authority ceased its oversight responsibilities;

2.the historical records necessary to establish the production, configuration and maintenance standard of the aircraft;

3.the mass and balance statement corresponding to the aircraft current configuration, as applicable;

4.the flight manual if required by the applicable type-certification basis or by the applicable detailed technical specifications for the declaration of design compliance;

5.a recommendation for the issuance of an airworthiness review certificate pursuant to an airworthiness review in accordance with Annex I (Part-M) to Regulation (EU) No 1321/2014 or an airworthiness review certificate in accordance with Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, unless it is agreed that the airworthiness review is to be carried out by the competent authority;

6.if the former airworthiness certificate of the aircraft was issued in accordance with this Annex but has been subsequently revoked or surrendered, alternatively to the statement required in point 1, all of the following documentation:

(i)a statement containing:

(A)the details of the reasons for the revocation or surrender of the airworthiness certificate;

(B)the details of how the aircraft has been preserved and maintained since the revocation or surrender of the airworthiness certificate;

(C)all other relevant information related to the condition and history of the aircraft;

(ii)an evaluation programme developed and carried out in accordance with points 21L.A.143(h)(3) and 21L.A.143(h)(4), unless otherwise agreed by the competent authority of the Member State of registry.

(g)Unless otherwise agreed, the statements referred to in points (c)(1), (d)(1) and (f)(1) shall be issued no more than 60 days before the presentation of the aircraft to the competent authority of the Member State of registry.

(h)By way of derogation from point 21L.A.143(f)(1), in exceptional cases and with prior agreement by the competent authority, an application may be made without a statement reflecting the airworthiness status of the aircraft, provided that all the following conditions are met:

1.the competent authority of the Member State of registry is satisfied that the airworthiness statement has not been denied by the former aviation authority because of airworthiness concerns, unless those concerns have been addressed and corrected;

2.there is evidence available to the competent authority of the Member State of registry as to the approved design according to which the aircraft was initially built and delivered;

3.an evaluation programme is developed detailing the investigations which are necessary to compensate for the lack of the airworthiness statement referred to in point 21L.A.143(f)(1).

4.the investigation activities were conducted in accordance with the evaluation programme, and the results have been summarised in an evaluation report;

5.upon request by the competent authority of the Member State of registry, the applicant provides access to, and copies of, any information that was used to generate the evaluation programme and evaluation report. The evaluation programme referred to in the first paragraph, point (3), shall ensure that the aircraft and its records are in a condition that makes the aircraft eligible for the issuance of an airworthiness certificate, through comprehensive investigations conducted by an approved organisation or the competent authority. The programme shall identify any discrepancies or deficiencies which, after the necessary corrective actions, will bring the aircraft into compliance with the applicable airworthiness standards. The evaluation programme shall not replace the tasks carried out by the person or organisation responsible for continuing airworthiness or airworthiness review tasks, but shall complement them. The evaluation programme shall be developed, and the investigations detailed in it shall be performed, by:

(i)an organisation approved in accordance with point CAMO.A.125(g) of Annex Vc (Part-CAMO) or point CAO.A.095(c)(3) of Annex Vd (Part-CAO) to Regulation (EU) No 1321/2014;

(ii)the competent authority of the Member State of registry, only for aircraft of 2 730 kg MTOM and below and upon the acceptance of that authority. The evaluation programme shall specify the activities to be performed to identify the status of the aircraft with regard to conformity to the approved type design, existing modifications and repairs and maintenance, and continuing airworthiness status. The evaluation programme, if developed by an organisation referred to in the third paragraph, point (i), shall be accepted by the competent authority of the Member State of registry before the evaluation is conducted.