21L.B.162 Issuance or amendment of a certificate of airworthiness or a restricted certificate of airworthiness

(a)The competent authority of the Member State of registry shall issue or amend a certificate of airworthiness (EASA Form 25, see Appendix VI to Annex I (Part 21)) without undue delay when the applicant has provided the documentation required by point 21L.A.143 and complies with the obligations in point 21L.A.144, and when it is satisfied: 1. for new aircraft, that the aircraft, and its engine and propeller if applicable, conforms to a design approved in accordance with Subpart B of this Annex and is in a condition for safe operation; 2. for used aircraft, that: (i) the aircraft, and its engine and propeller if applicable, conforms to a type design approved in accordance with Subpart B of this Annex and any supplemental type certificate, change or repair approved in accordance with Subpart D, E or M of this Annex; (ii) the applicable airworthiness directives have been complied with; and (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.

(b)The competent authority of the Member State of registry shall issue or amend a restricted certificate of airworthiness (EASA Form 24B, see Appendix I) without undue delay when the applicant has provided the documentation required by point 21L.A.143 and complies with the obligations in point 21L.A.144, and when it is satisfied: 1. for new aircraft, that the aircraft, and its engine and propeller if applicable, conforms to an aircraft design for which design compliance has been declared in accordance with Subpart C of Section A of this Annex which is registered by the Agency in accordance with point 21L.B.63 at the time of application, and is in a condition for safe operation; 2. for used aircraft, that: (i) the aircraft, and its engine and propeller if applicable, conforms to an aircraft design for which design compliance has been declared in accordance with Subpart C of Section A of this Annex, and which is registered by the Agency in accordance with point 21L.B.63 at the time of application, along with any design changes or repair design changes for which design compliance has been declared in accordance with Subpart F or N of Section A of this Annex which are registered by the Agency in accordance with point 21L.B.122 or point 21L.B.222, or by the declarant in accordance with point (c) of point 21L.A.105; (ii) the applicable airworthiness directives have been complied with; and (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.

(c)By way of derogation from points (a) and (b), for a used aircraft transferred from another Member State having an airworthiness certificate issued in accordance with this Annex, the competent authority of the new Member State of registry shall issue the certificate of airworthiness or restricted certificate of airworthiness where it is satisfied that the applicant complies with point 21L.A.144(a) and has provided a copy of the current certificate of airworthiness or restricted certificate of airworthiness and one of the following: 1. the documentation required by point 21L.A.143(e)(1); 2. the documentation required by point 21L.A.143(e)(2).

(d)Where applicable, in addition to the airworthiness certificate referred to in point (a), point (b) or point (c), the competent authority of the Member State of registry shall issue an airworthiness review certificate in accordance with point M.B.901 of Annex I (Part-M) or point ML.B.901 of Annex Vb (Part-ML) to Regulation (EU) No 1321/2014, as applicable.

(e)A certificate of airworthiness or a restricted certificate of airworthiness shall be issued for an unlimited duration. It may be amended only by the competent authority of the Member State of registry.