Commission Regulation (EC) No 375/2007 of 30 March 2007 amending Regulation (EC) No 1702/2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (Text with EEA relevance )
Date: 2007-03-30
Institutions: European Commission
Subjects: Community certification, aircraft, industrial manufacturing, product design, production standard, spare part

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COMMISSION REGULATION (EC) No 375/2007

of 30 March 2007

amending Regulation (EC) No 1702/2003 laying down implementing rules for the airworthiness and
environmental certification of aircraft and related products, parts and appliances, as well as for the
certification of design and production organisations

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 1592/2002 of
the
European Parliament and of the Council of 15 July 2002 on
common rules in the field of civil aviation and establishing a
European Aviation Safety Agency (1), and in particular Articles 5
and 6 thereof,

Whereas:

(1)

(2)

for
certification of

Aircrafts subject to the provisions of Regulation (EC) No
1592/2002 must all be issued an airworthiness certificate
or permit to fly in accordance with Commission Regu-
lation (EC) No 1702/2003 of 24 September 2003 laying
the airworthiness and
down implementing rules
environmental
and related
aircrafts
products, parts and appliances, as well as for the certifi-
cation of design and production organisations (2) before
28 March 2007. In the absence of such a certificate or
permit to fly they are not entitled to be used after that
date by Community operators in the territory of Member
States.

required

(hereinafter

According to article 2(3)(c) of Commission Regulation
the European Aviation Safety
(EC) No 1702/2003,
Agency
to
is
the Agency)
determine before 28 March 2007 the approved design
necessary to issue the airworthiness certificates or permits
to fly of aircrafts registered in Member States, which do
not meet the requirements of its Article 2(3)(a). Such
determination could not be done by the Agency within
that time period for many aeronautical products because
it had not received the necessary applications by their
designers.

(3) While airworthiness certificates should only be issued
when the Agency has been able, following a technical
evaluation of
to approve their design
restricted certificates of airworthiness can be issued for

the product,

(4)

(5)

(6)

(7)

(1) OJ L 240, 7.9.2002, p. 1. Regulation as

(EC) No 1701/2003 (OJ

last amended by
L 243,

Commission Regulation
27.9.2003, p. 5).

a limited period of time to allow the continued operation
of these aircrafts and to enable the Agency to review
their design.

It

of

did

not

permit

adoption

Time
specific
the
airworthiness specifications by the Agency before 28
March 2007.
is however possible to determine an
approved design by reference to that of the State of
design as this was done for most aircrafts for which a
type certificate had been issued by Member States before
28 September 2003.

airworthiness,

Such a determination should only be made for those
aircrafts to which Member States had issued certificates
excluding restricted certificates of
of
airworthiness and permits to fly,
in order to ensure
that such aircrafts meet at least the safety requirements
as specified by the Convention on International Civil
Aviation in its Annex 8.

In order to minimise safety risks and limit distortions of
competition the envisaged measure should apply only
with respect to aircrafts to which a Member State had
issued a certificate of airworthiness, and which was on
the register of that Member State, by the date when
Regulation (EC) No 1702/2003 became applicable in
that Member State (3). The owners of such aircrafts
were not aware, at the time of registration, of the risk
that it would not be allowed to continue operations after
28 March 2007.
the owners of aircrafts
registered in a Member State after the date on which
Regulation (EC) No 1703/2003 became applicable in
that Member State were aware, at the time of registration,
that such aircrafts would not be allowed to continue
operating after 28 March 2007, unless the Agency was
able to approve their design by that date.

In contrast,

It is considered necessary to ensure that aircrafts eligible
for the envisaged measure should exclusively be aircrafts
for which the representative authority of the State of
design accepts
in
accordance with Article 18 of Regulation (EC) No
the Agency in ensuring the
1592/2002 to assist
continued oversight of
the so determined approved
design.

through a working arrangement

(2) OJ L 243, 27.9.2003, p. 6. Regulation as amended by Regulation

(3) EUR 15: 28 September 2003; EUR 10: 1 May 2004; EUR 2:

(EC) No 706/2006 (OJ L 122, 9.5.2006, p. 16).

1 January 2007.

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(8)

(9)

(10)

(11)

(12)

It

The envisaged measure should be of a temporary nature
to mitigate the risks associated to the limited technical
knowledge that the Agency has of the design of the
affected products.
is also necessary to create an
incentive for designers to assist the Agency in deter-
mining the necessary approved design to fully integrate
their aircrafts in the Community system. In addition, the
application of different regulatory regimes to aircrafts
involved in the same operations raises issues of unfair
competition in the internal market and cannot be perpe-
tuated indefinitely. Therefore the validity of the measure
should be limited to a 12-month period, which may be
extended by a maximum of 18 months, provided that a
certification process has been undertaken and can be
concluded during that period.

Article 2(3)(a) of Regulation (EC) No 1702/2003 only
refers to aircrafts that were issued a type-certificate.
However a number of aircrafts that should be eligible
for the measure specified in that Article have never
been issued a type-certificate because such documents
were not required by ICAO Standards applicable at the
time they were designed and certificated. Clarification is
therefore needed to ensure that
such aircrafts can
continue to be issued a certificate of airworthiness.

(13)

The measures provided for in this Regulation are based
on the opinions issued by the Agency (1) in accordance
with Articles 12(2)(b) and 14(1) of Regulation (EC) No
1592/2002.

(14)

The measures provided for in this Regulation are in
accordance with the opinion of the Committee referred
to in Article 54(3) of Regulation (EC) No 1592/2002,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1702/2003 is amended as follows:

1. Article 2 is replaced by the following:

‘Article 2

Products, parts and appliances certification

Products, parts and appliances shall be issued certi-

1.
ficates as specified in Part 21.

Regulation (EC) No 1702/2003 should be amended to
avoid confusion and legal uncertainty with regard to Part
21A.173(b)(2) and Part 21A.184 of the Annex to that
Regulation, which refer to ‘specific certification specifi-
cation’ instead of ‘specific airworthiness specification’ as
specified in Articles 5(3)(b) and 15(1)(b) of Regulation
(EC) No 1592/2002.

2.
By way of derogation from paragraph 1, aircrafts,
including any installed product, part and appliance, which
are not registered in a Member State shall be exempted from
the provisions of Subparts H and I of Part 21. They shall
also be exempted from the provisions of Subpart P of Part
21 except when aircrafts identification marks are prescribed
by a Member State.

By derogation from the rules for issuance of certificates
of airworthiness, Article 5 (3)(a) of Regulation (EC) No
1592/2002 provides for the issuance of a permit to fly.
Such a permit is generally issued when a certificate of
airworthiness is temporarily invalid, for example as the
result of a damage, or when a certificate of airworthiness
cannot be issued for instance when the aircrafts does not
comply with the essential requirements for airworthiness
or when compliance with those requirements has not yet
been shown, but the aircrafts is nevertheless capable of
performing a safe flight.

Following the end of the transition period for permits to
fly, it is necessary to adopt common requirements and
these
administrative procedures
permits which will contain all the conditions necessary
to mitigate the risk of deviations from the essential
requirements,
the
permits to fly by all Member States in accordance with
Article 8 of Regulation (EC) No 1592/2002.

ensuring recognition of

the issuance of

therefore

for

3. Where reference is made in the Annex (Part 21) to
apply and/or to comply with the provisions of Annex I
(Part M)
to Commission Regulation (EC) No 2042/2003
and a Member State has elected, pursuant to Article 7(3)(a)
and (b) of that Regulation, not to apply that Part until 28
September 2008,
the relevant national rules shall apply
instead until that date.

Article 2a

Continued validity of
certificates of airworthiness

type-certificates

and related

1. With regard to products which had a type-certificate,
or a document allowing the issuing of a certificate of
airworthiness,
issued before 28 September 2003 by a
Member State, the following provisions shall apply:

(a)

the product shall be deemed to have a type-certificate
issued in accordance with this Regulation when:

(1) Opinion 1/2007 of 30 January 2007 and Opinion 2/2007 of

8 February 2007.

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(i) its type-certification basis was:

— the JAA type-certification basis, for products that
have been certificated under JAA procedures, as
defined in their JAA data sheet, or

— for other products, the type-certification basis as
defined in the type-certificate data sheet of the
State of design, if that State of design was:

— a Member

State,

codes

unless

the Agency
determines, taking into account, in particular,
airworthiness
service
experience, that such type-certification basis
does not provide for a level of
safety
equivalent to that required by the Basic Regu-
lation and this Regulation, or

used

and

a

similar

bilateral

— a State with which a Member State had
airworthiness
concluded
agreement or
arrangement under
which such products have been certificated
on the basis of
that State of design
the Agency
codes, unless
airworthiness
determines that such airworthiness codes or
service experience or the safety system of
that State of design do not provide for a
level of safety equivalent to that required by
Regulation (EC) No 1592/2002 and this
Regulation.

the
The Agency shall make a first evaluation of
implication of the provisions of the second indent
in view of producing an opinion to the Commission
including possible amendments to this Regulation;

(ii) the environmental protection requirements were
those laid down in Annex 16 to the Chicago
Convention, as applicable to the product;

(iii) the applicable airworthiness directives were those of

the State of design.

(b) The design of an individual aircrafts, which was on the
register of a Member State before 28 September 2003,
shall be deemed to have been approved in accordance
with this Regulation when:

(iii) the airworthiness directives issued or adopted by the
Member State of registry before 28 September 2003
were complied with, including any variations to the
airworthiness directives of the State of design agreed
by the Member State of registry.

(c) The Agency shall determine the type-certificate of the
products not meeting the requirements of point
(a)
before 28 March 2007.

(d) The Agency shall determine the type-certificate data sheet
for noise for all products covered by point (a) before 28
March 2007. Until such determination, Member States
may continue to issue noise certificates in accordance
with applicable national regulations.

2. With regard to products for which a type-certification
process was proceeding through the JAA or a Member State
on 28 September 2003, the following shall apply:

(a)

if a product is under certification by several Member
States, the most advanced project shall be used as the
reference;

(b) 21A.15(a), (b) and (c) of Part 21 shall not apply;

(c) by way of derogation from 21A.17(a) of Part 21, the
type-certification basis shall be that established by the
JAA or, where applicable, the Member State at the date
of application for the approval;

(d) compliance findings made under JAA or Member State
procedures shall be deemed to have been made by the
Agency for the purpose of complying with 21A.20(a)
and (b) of Part 21.

3. With regard to products that have a national type-
certificate, or equivalent, and for which the approval
process of a change carried out by a Member State was
not finalised at the time when the type-certificate had to
be in accordance with this Regulation, the following shall
apply:

(a)

if an approval process is being carried out by several
the most advanced project shall be
Member States,
used as the reference;

(i) its basic type design was part of a type-certificate

referred to in point (a);

(b) 21A.93 of Part 21 shall not apply;

(ii) all changes to this basic type design, which were not
under the responsibility of the type-certificate holder,
had been approved; and

(c)

the applicable type-certification basis shall be that estab-
lished by the JAA or, where applicable, the Member State
at the date of application for the approval of change;

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(d) compliance findings made under JAA or Member State
procedures shall be deemed to have been made by the
Agency
complying with
the
21A.103(a)(2) and (b) of Part 21.

purpose

for

of

4. With regard to products that had a national type-certi-
ficate, or equivalent, and for which the approval process of a
major repair design carried out by a Member State was not
finalised at the time when the type-certificate had to be
determined in accordance with this Regulation, compliance
findings made under JAA or Member State procedures shall
be deemed to have been made by the Agency for the
purpose of complying with 21A.433(a) of Part 21.

5.
A certificate of airworthiness issued by a Member State
attesting conformity with a type-certificate determined in
accordance with paragraph 1 shall be deemed to comply
with this Regulation.

Article 2b

Continued validity of supplemental type-certificates

1. With regard to supplemental type-certificates issued by
a Member State under JAA procedures or applicable national
procedures and with regard to changes to products proposed
by persons other than the type-certificate holder of
the
product, which were approved by a Member State under
applicable national procedures,
type-
certificate, or change, was valid on 28 September 2003,
the
shall be
type-certificate, or
deemed to have been issued under this Regulation.

the supplemental

supplemental

change

if

2. With regard to supplemental type-certificates for which
a certification process was being carried out by a Member
State on 28 September 2003 under applicable JAA supple-
mental type-certificate procedures and with regard to major
changes to products, proposed by persons other than the
type-certificate holder of the product, for which a certifi-
cation process was being carried out by a Member State
on
national
under
procedures, the following shall apply:

September

applicable

2003

28

(a)

if a certification process was being carried out by several
Member States, the most advanced project shall be used
as the reference;

(b) 21A.113 (a) and (b) of Part 21 shall not apply;

(c)

the applicable certification basis shall be that established
by the JAA or, where applicable, the Member State at the
date of application for the supplemental type-certificate
or the major change approval;

(d) the compliance findings made under JAA or Member
State procedures shall be deemed to have been made
by the Agency for
the purpose of complying with
21A.115(a) of Part 21.

Article 2c

Continued operation of certain aircrafts registered by
Member States

1. With regard to an aircrafts that cannot be deemed to
have a type-certificate issued in accordance with Article 2a
(1)(a) of this Regulation, that has been issued a certificate of
airworthiness by a Member State before Regulation (EC) No
1702/2003 became applicable in that Member State (1), was
on its register on that date, and was still on the register of a
Member State on 28 March 2007, the combination of the
following shall be deemed to constitute the applicable
specific airworthiness specifications issued in accordance
with this Regulation:

(a)

the type-certificate data sheet and type-certificate data
sheet for noise, or equivalent documents, of the State
the State of design has
of design, provided that
concluded the appropriate working arrangement
in
accordance with Article 18 of Regulation (EC) No
1592/2002 with the Agency covering the continued
airworthiness of the design of such an aircrafts;

(b) the environmental protection requirements laid down in
Annex 16 to the Chicago Convention, as applicable to
that aircrafts; and

(c)

the mandatory continuing airworthiness information of
the State of design.

The specific airworthiness specifications shall allow the
2.
continuation of
the aircrafts
the type of operations that
concerned was entitled to perform on 28 March 2007 and
shall be valid until 28 March 2008, unless these specifi-
cations are replaced before that date by a design and envir-
onmental approval issued by the Agency in accordance with
this Regulation. Restricted certificates of airworthiness for the
aircrafts concerned shall be issued by Member States
to Part 21 Subpart H when conformity with
pursuant
these specifications is attested.

3.
The Commission may extend the period of validity
referred to in paragraph 2 by a maximum of 18 months
for aircrafts of a certain type, provided that a certification
process of that type of aircrafts has been undertaken by the
Agency before 28 March 2008 and that
the Agency
determines that such process can be concluded within the
additional period of validity. In such case the Agency will
notify its determination to the Commission.

(1) For EUR 15: 28 September 2003; for EUR 10: 1 May 2004 and for

EUR 2: 1.1.2007.

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Article 2d

Article 2e

Continued validity of parts and appliances certificates

Permit to fly

1.
Approvals of parts and appliances issued by a Member
State and valid on 28 September 2003 shall be deemed to
have been issued in accordance with this Regulation.

2. With regard to parts and appliances for which an
approval or authorisation process was being carried out by
a Member State on 28 September 2003, the following shall
apply:

(a)

if an authorisation process was being carried out by
several Member States, the most advanced project shall
be used as the reference;

(b) 21A.603 of Part 21 shall not apply;

The conditions determined before 28 March 2007 by the
Member States for permits to fly or other airworthiness
certificate issued for aircrafts which did not hold a certificate
of airworthiness or
restricted certificate of airworthiness
issued under this Regulation, are deemed to be determined
the Agency
in accordance with this Regulation, unless
determines before 28 March 2008 that such conditions do
not provide for a level of safety equivalent to that required
by Regulation (EC) No 1592/2002 or this Regulation.

The permit to fly or other airworthiness certificate issued by
Member States before 28 March 2007 for aircrafts which did
not hold a certificate of airworthiness or restricted certificate
of airworthiness issued under this Regulation, are deemed to
be a permit to fly issued in accordance with this Regulation
until 28 March 2008.’

(c)

the applicable data requirements under 21A.605 of Part
21 shall be those established by the relevant Member
the date of application for the approval or
State, at
authorisation;

2. The Annex (Part 21) to Commission Regulation (EC) No
1702/2003 is amended as set out in the Annex to this
Regulation.

(d) compliance findings made by the relevant Member State
shall be deemed to have been made by the Agency for
the purpose of complying with 21A.606(b) of Part 21.

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Union.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 March 2007.

For the Commission

Jacques BARROT
Vice-President

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ANNEX

The Annex to Regulation (EC) No 1702/2003 is amended as follows:

1. In paragraph 21A.139 the following subparagraph (b)(1)(xvii) is added:

‘(xvii)

Issue of permit to fly and approval of associated flight conditions.’

2. In paragraph 21A.163 the following subparagraph (e) is added:

‘(e) Under procedures agreed with its competent authority for production, for an aircraft it has produced and when
the production organisation itself is controlling under its POA the configuration of the aircraft and is attesting
conformity with the design conditions approved for the flight, to issue a permit to fly in accordance with
21A.711(c) including approval of the flight conditions in accordance with 21A.710(b).’

3. In paragraph 21A.165 the following subparagraphs (j) and (k) are added:

‘(j) Where applicable, under the privilege of 21A.163(e), determine the conditions under which a permit to fly can

be issued.

(k) Where applicable, under the privilege of 21A.163(e), establish compliance with 21A.711(b) and (d) before issuing

a permit to fly (EASA Form 20b, see Appendix) to an aircraft.’

4. The title of Subpart H of Section A is replaced by the following:

‘SUBPART H — CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS’

5. In paragraph 21A.173 (b) (2), the words ‘specific certification specifications’ are replaced by the words ‘specific

airworthiness specifications’.

6. In paragraph 21A.173 subparagraph (c) is deleted.

7. In paragraph 21A.174 subparagraph (d) is deleted.

8. Subparagraph (b) of paragraph 21A.179 is replaced by the following:

‘(b) Where ownership of an aircraft has changed, and the aircraft has a restricted certificate of airworthiness not
conforming to a restricted type-certificate, the airworthiness certificates shall be transferred together with the
aircraft provided the aircraft remains on the same register, or issued only with the formal agreement of the
competent authority of the Member State of registry to which it is transferred.’

9. In paragraph 21A.184, the words ‘specific certification specifications’ are replaced by the words ‘specific airworthiness

specifications’.

10. Paragraph 21A.185 is deleted.

11. In paragraph 21A.263, subparagraph (b) is replaced by the following:

‘(b) Subject to 21A.257(b), the Agency shall accept without further verification the following compliance documents

submitted by the applicant for the purpose of obtaining:

1. the approval of flight conditions required for a permit to fly; or

2. a type-certificate or approval of a major change to a type design; or

3. a supplemental type-certificate; or

4. an ETSO authorisation under 21A.602B(b)(1); or

5. a major repair design approval.’

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12. In paragraph 21A.263 (c), the following subparagraphs (6) and (7) are added:

‘6. To approve the conditions under which a permit to fly can be issued in accordance with 21A.710(a)(2),

(i) except for initial flights of:

— a new type of aircraft, or

— an aircraft modified by a change that is or would be classified as a significant major change or significant

STC, or

— an aircraft whose flight and/or piloting characteristics may have been significantly modified;

(ii) except for permits to fly to be issued for the purpose of 21A.701(a)(15).

7. To issue a permit to fly in accordance with 21A.711(b) for an aircraft it has designed or modified, and when the
design organisation itself is controlling under its DOA the configuration of the aircraft and is attesting conformity
with the design conditions approved for the flight.’

13. In paragraph 21A.265 the following subparagraphs (f) and (g) are added:

‘(f) Where applicable, under the privilege of 21A.263(c)(6), determine the conditions under which a permit to fly can

be issued.

(g) Where applicable, under the privilege of 21A.263(c)(7), establish compliance with 21A.711(b) and (d) before

issuing a permit to fly (EASA Form 20b, see Appendix) to an aircraft.’

14. Subpart P of Section A is replaced by the following:

‘SUBPART P — PERMIT TO FLY

21A.701

Scope

Permits to fly shall be issued in accordance with this Subpart to aircraft that do not meet, or have not been shown to
meet, applicable airworthiness requirements but are capable of safe flight under defined conditions and for the
following purposes:

1. development;

2. showing compliance with regulations or certification specifications;

3. design organisations or production organisations crew training;

4. production flight testing of new production aircraft;

5. flying aircraft under production between production facilities;

6. flying the aircraft for customer acceptance;

7. delivering or exporting the aircraft;

8. flying the aircraft for Authority acceptance;

9. market survey, including customer’s crew training;

10. exhibition and air show;

11. flying the aircraft to a location where maintenance or airworthiness review are to be performed, or to a place of

storage;

12. flying an aircraft at a weight in excess of its maximum certificated takeoff weight for flight beyond the normal
is not available;

range over water, or over land areas where adequate landing facilities or appropriate fuel

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13. record breaking, air racing or similar competition;

14. flying aircraft meeting the applicable airworthiness requirements before conformity to the environmental

requirements has been found;

15. for non-commercial

flying activity on individual non-complex aircraft or types for which a certificate of

airworthiness or restricted certificate of airworthiness is not appropriate.

21A.703

Eligibility

Any natural or legal person shall be eligible as an applicant for a permit to fly except for a permit to fly requested for
the purpose of 21A.701(a)(15) where the applicant shall be the owner. A person eligible for an application for
permit to fly is also eligible for application for the approval of the flight conditions.

Competent Authority

21A.705
Notwithstanding 21.1, for the purpose of this Subpart, the “Competent Authority” shall be:

(a)

the authority designated by the Member State of registry; or

(b) for unregistered aircraft, the authority designated by the Member State which prescribed the identification marks.

21A.707

Application for permit to fly

(a) Pursuant to 21A.703 and when the applicant has not been granted the privilege to issue a permit to fly, an
application for a permit to fly shall be made to the Competent Authority in a form and manner established by
that authority.

(b) Each application for a permit to fly shall include:

1. the purpose(s) of the flight(s), in accordance with 21A.701;

2. the ways in which the aircraft does not comply with the applicable airworthiness requirements;

3. the flight conditions approved in accordance with 21A.710.

(c) Where the flight conditions are not approved at the time of application for a permit to fly, an application for

approval of the flight conditions shall be made in accordance with 21A.709.

21A.708

Flight conditions

Flight conditions include:

(a)

the configuration(s) for which the permit to fly is requested;

(b) any condition or restriction necessary for safe operation of the aircraft, including:

1. the conditions or restrictions put on itineraries or airspace, or both, required for the flight(s);

2. the conditions and restrictions put on the flight crew to fly the aircraft;

3. the restrictions regarding carriage of persons other than flight crew;

4. the operating limitations, specific procedures or technical conditions to be met;

5. the specific flight test programme (if applicable);

6. the specific continuing airworthiness arrangements including maintenance instructions and regime under

which they will be performed;

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(c)

the substantiation that
paragraph (b);

the aircraft

is capable of safe flight under the conditions or restrictions of sub-

(d) the method used for the control of the aircraft configuration,

in order to remain within the established

conditions.

21A.709

Application for approval of flight conditions

(a) Pursuant to 21A.707(c) and when the applicant has not been granted the privilege to approve the flight

conditions, an application for approval of the flight conditions shall be made:

1. when approval of the flight conditions is related to the safety of the design, to the Agency in a form and

manner established by the Agency; or

2. when approval of the flight conditions is not related to the safety of the design, to the Competent Authority

in a form and manner established by that authority.

(b) Each application for approval of the flight conditions shall include:

1. the proposed flight conditions;

2. the documentation supporting these conditions; and

3. a declaration that the aircraft is capable of safe flight under the conditions or restrictions of paragraph

21A.708(b).

21A.710

Approval of flight conditions

(a) When approval of the flight conditions is related to the safety of the design, the flight conditions shall be

approved by:

1. the Agency; or

2. an appropriately approved design organisation, under the privilege of 21A.263(c)(6).

(b) When approval of the flight conditions is not related to the safety of the design, the flight conditions shall be
approved by the Competent Authority, or the appropriately approved organisation that will also issue the permit
to fly.

(c) Before approving the flight conditions, the Agency, the Competent Authority or the approved organisation must
be satisfied that the aircraft is capable of safe flight under the specified conditions and restrictions. The Agency or
the Competent Authority may make or require the applicant to make any necessary inspections or tests for that
purpose.

21A.711

Issue of a permit to fly

(a) The Competent Authority shall issue a permit to fly:

1. upon presentation of the data required by 21A.707; and

2. when the conditions of 21A.708 have been approved in accordance with 21A.710; and

3. when the Competent Authority, through its own investigations, which may include inspections, or through
is satisfied that the aircraft conforms to the design defined under

procedures agreed with the applicant,
21A.708 before flight.

(b) An appropriately approved design organisation may issue a permit to fly (EASA Form 20b, see Appendix) under
the privilege granted under 21A.263(c)(7), when the conditions of 21A.708 have been approved in accordance
with 21A.710.

(c) An appropriately approved production organisation may issue a permit to fly (EASA Form 20b, see Appendix)
under the privilege granted under 21A.163(e), when the conditions of 21A.708 have been approved in
accordance with 21A.710.

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(d) The permit to fly shall specify the purpose(s) and any conditions and restrictions approved under 21A.710.

(e) For permits issued under subparagraph (b) or (c), a copy of the permit to fly shall be submitted to the Competent

Authority.

(f) Upon evidence that any of the conditions specified in 21A.723(a) are not met for a permit to fly that an
organisation has issued pursuant to subparagraph (b) or (c), that organisation shall revoke that permit to fly.

21A.713

Changes

(a) Any change that invalidates the flight conditions or associated substantiation established for the permit to fly
shall be approved in accordance with 21A.710. When relevant an application shall be made in accordance with
21A.709.

(b) A change affecting the content of the permit to fly requires the issuance of a new permit to fly in accordance

with 21A.711.

21A.715

Language

The manuals, placards, listings, and instrument markings and other necessary information required by applicable
certification specifications shall be presented in one or more of the official language(s) of the European Community
acceptable to the Competent Authority.

21A.719

Transferability

(a) A permit to fly is not transferable.

(b) Notwithstanding subparagraph (a) for a permit to fly issued for the purpose of 21A.701(a)(15), where ownership
of an aircraft has changed, the permit to fly shall be transferred together with the aircraft provided the aircraft
remains on the same register, or issued only with the agreement of the competent authority of the Member State
of registry to which it is transferred.

21A.721

Inspections

The holder of, or the applicant for, a permit to fly shall provide access to the aircraft concerned at the request of the
Competent Authority.

21A.723

Duration and continued validity

(a) A permit to fly shall be issued for a maximum of 12 months and shall remain valid subject to:

1. compliance with the conditions and restrictions of 21A.711(d) associated to the permit to fly;

2. the permit to fly not being surrendered or revoked under 21B.530;

3. the aircraft remaining on the same register.

(b) Notwithstanding subparagraph (a), a permit to fly issued for the purpose of 21A.701(a)(15) may be issued for

unlimited duration.

(c) Upon surrender or revocation, the permit to fly shall be returned to the Competent Authority.

21A.725

Renewal of permit to fly

Renewal of the permit to fly shall be processed as a change in accordance with 21A.713.

21A.727

Obligations of the holder of a permit to fly

The holder of a permit to fly shall ensure that all the conditions and restrictions associated with the permit to fly are
satisfied and maintained.

21A.729

Recordkeeping

(a) All documents produced to establish and justify the flight conditions shall be held by the holder of the approval
of the flight conditions at the disposal of the Agency and Competent Authority and shall be retained in order to
provide the information necessary to ensure the continued airworthiness of the aircraft.

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(b) All documents associated to the issue of permits to fly under the privilege of approved organisations, including
inspection records, documents supporting the approval of flight conditions and the permit to fly itself, shall be
held by the related approved organisation at the disposal of the Agency or the Competent Authority and shall be
retained in order to provide the information necessary to ensure the continued airworthiness of the aircraft.’

15. Paragraph 21B.20 is replaced by the following:

‘21B.20

Obligations of the competent authority

Each competent authority of the Member State is responsible for the implementation of Section A, Subparts F, G, H, I
and P only for applicants, or holders, whose principal place of business is in its territory.’

16. In paragraph 21B.25 subparagraph (a) is replaced by the following:

‘(a) General:

The Member State shall designate a competent authority with allocated responsibilities for the implementation of
Section A, Subparts F, G, H, I and P with documented procedures, organisation structure and staff.’

17. The title of Subpart H of Section B is replaced by the following:

‘SUBPART H — CERTIFICATES OF AIRWORTHINESS AND RESTRICTED CERTIFICATES OF AIRWORTHINESS’

18. In paragraph 21B.325 subparagraph (a) is replaced by the following:

‘(a) The competent authority of the Member State of registry shall, as applicable, issue, or amend a Certificate of
Airworthiness (EASA Form 25, see Appendix) or Restricted Certificate of Airworthiness (EASA Form 24, see
Appendix) without undue delay when it is satisfied that the applicable requirements of Section A, Subpart H are
met.’

19. Paragraph 21B.330 is replaced by the following:

‘21B.330

Suspension and revocation of certificates of airworthiness and restricted certificates of
airworthiness

(a) Upon evidence that any of the conditions specified in 21A.181(a) is not met, the competent authority of the

Member State of registry shall suspend or revoke an airworthiness certificate.

(b) Upon issuance of the notice of suspension and revocation of a certificate of airworthiness or restricted certificate
of airworthiness the competent authority of the Member State of registry shall state the reasons for the
suspension or revocation and inform the holder of the certificate on its right to appeal.’

20. Subpart P of Section B is replaced by the following:

‘SUBPART P — PERMIT TO FLY

21B.520

Investigation

(a) The Competent Authority shall perform sufficient investigation activities to justify the issuance, or revocation of

the permit to fly.

(b) The Competent Authority shall prepare evaluation procedures covering at least the following elements:

1. evaluation of the eligibility of the applicant;

2. evaluation of the eligibility of the application;

3. evaluation of the documentation received with the application;

4.

inspection of the aircraft;

5. approval of the flight conditions in accordance with 21A.710(b).

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21B.525

Issue of permits to fly

The Competent Authority shall issue a permit to fly (EASA Form 20a, see Appendix) when it is satisfied that the
applicable requirements of Section A, Subpart P are met.

21B.530

Revocation of permits to fly

(a) Upon evidence that any of the conditions specified in 21A.723(a) are not met for a permit to fly it has issued,

the Competent Authority shall revoke that permit to fly.

(b) Upon issuance of the notice of revocation of a permit to fly the Competent Authority shall state the reasons for

the revocation and inform the holder of the permit to fly on the right to appeal.

21B.545

Record keeping

(a) The Competent Authority shall operate a system of record keeping that provides adequate traceability of the

process for the issue and revocation of each individual permit to fly.

(b) The records shall at least contain:

1. the documents provided by the applicant;

2. documents established during the investigation, in which the activities and the final results of the elements

defined in 21B.520(b) are stated; and

3. a copy of the permit to fly.

(c) The records shall be kept for a minimum of six years after the permit ceases to be valid.’

21. The list of Appendices is replaced by the following:

‘Appendix I — EASA Form 1 Authorised release Certificate

Appendix II — EASA Form 15a Airworthiness Review Certificate

Appendix III — EASA Form 20a Permit to Fly

Appendix IV — EASA Form 20b Permit to Fly (issued by approved organisations)

Appendix V — EASA Form 24 Restricted Certificate of Airworthiness

Appendix VI — EASA Form 25 Certificate of Airworthiness

Appendix VII — EASA Form 45 Noise Certificate

Appendix VIII — EASA Form 52 Aircraft Statement of Conformity

Appendix IX — EASA Form 53 Certificate of Release to Service

Appendix X — EASA Form 55 Production Organisation Approval Certificate

Appendix XI — EASA Form 65 Letter of Agreement [Production without POA]’

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22. EASA Form 20 is replaced by the following:

‘

’

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23. The following EASA Form 20b is added:

‘

’

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24. Sheet B of EASA Form 55 is replaced by the following:

‘

’