EFTA Surveillance Authority Decision No 138/16/COL of 28 June 2016 authorising Iceland to derogate from Regulation (EC) No 216/2008 of the European Parliament and of the Council with respect to the existing provisions regarding the issuance of certificates of airworthiness for imported aircraft [2016/2013]
Date: 2016-06-28
Institutions: EFTA Surveillance Authority
Subjects: Community certification, European Economic Area, Iceland, air safety, aircraft, civil aviation, derogation from EU law, product design, safety standard, technical standard








L_2016310EN.01008401.xml










17.11.2016   


EN


Official Journal of the European Union


L 310/84







EFTA SURVEILLANCE AUTHORITY DECISION
         
No 138/16/COL
of 28 June 2016
         
authorising Iceland to derogate from Regulation (EC) No 216/2008 of the European Parliament and of the Council with respect to the existing provisions regarding the issuance of certificates of airworthiness for imported aircraft [2016/2013]


THE EFTA SURVEILLANCE AUTHORITY,


Having regard to the Act referred to at point 66n of Annex XIII to the EEA Agreement,

Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC
                   (1)
, as amended (‘the Act’),
as adapted to the EEA Agreement by Protocol 1 thereto, and in particular Article 14(6) and (7) of the Act,



Having regard to the opinion of the EFTA Transport Committee delivered on 10 June 2016,


Having regard to Decision 103/13/COL of the EFTA Surveillance Authority (‘the Authority’) of 13 March 2013 empowering the College Member with special responsibility for transport to take certain decisions and measures (Doc No 578349).

Whereas:

Iceland notified the EFTA Surveillance Authority and the European Aviation Safety Agency (‘the Agency’) by letter dated 25 February 2016 (Doc No 794710), of its intention to derogate from point 21.A.174(b)3(ii) of Annex I (Part 21) of the act referred to at point 66p of Annex XIII to the EEA Agreement (Commission Regulation (EU) No 748/2012 of 3 August 2012 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
                (2)
, as amended) (‘Regulation (EU) No 748/2012’) as adapted to the EEA Agreement by Protocol 1 thereto.


In accordance with point 21.A.174(b)3(ii) of Annex I (Part 21) to Regulation (EU) No 748/2012, each application for a certificate of airworthiness for an aircraft imported from a third country, shall include a statement by the competent authority of the State where the aircraft is or was registered, reflecting the airworthiness status of the aircraft on its register at the time of transfer. However, in some cases such a statement is not available and cannot be obtained. Iceland's intention is thus to waive the requirement to include such a statement.


In its decision of 6 February 2014 the European Commission authorised Sweden to derogate from the point of 21.A.174(b)3(ii) of Annex I (Part 21) to Regulation (EU) No 748/2012 and to waive the requirement to include such a statement (3).


That derogation applies until amendment to resolve this issue, as part of the rulemaking task RMT.0020, of Subpart H (Certificate of Airworthiness and Restricted Certificate of Airworthiness) of Annex I (Part 21) to Regulation (EU) No 748/2012 is adopted and becomes applicable.


The rulemaking task, RMT.0020, has now been merged with another rulemaking task, RMT.0278 (Importing of aircraft from other regulatory system, and Part 21 Subpart H review) and a notice of proposed rulemaking is currently in its final stages of adoption by the European Aviation Safety Agency.


Based on the above, the Authority has concluded that the notified Icelandic derogation fulfils the requirements laid down in Article 14(6) and (7) of the Act.


The measures provided for in this Decision are in accordance with the opinion of the EFTA Transport Committee,

HAS ADOPTED THIS DECISION:



Article 1
Iceland may derogate from point 21.A.174(b)3(ii) of Annex I (Part 21) to the act referred to at point 66p of Annex XIII to the EEA Agreement (Commission Regulation (EU) No 748/2012 of 3 August 2012 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, as amended) (‘Regulation (EU) No 748/2012’) as adapted to the EEA Agreement by Protocol 1 thereto and accept applications for a certificate of airworthiness, for aircraft imported from a third country, without a statement by the competent authority of the State where the aircraft is or was registered, reflecting the airworthiness status of the aircraft on its register at the time of transfer.
This derogation shall apply until an amendment to resolve this issue, as part of the rulemaking task RMT.0278, of Subpart H (Certificate of Airworthiness and Restricted Certificates of Airworthiness) of Annex I (Part 21) to Regulation (EU) No 748/2012, is adopted and becomes applicable to the EFTA States.


Article 2
All EFTA States shall be entitled to apply the same measures referred to in Article 1, subject to the conditions stated in the Annex to this Decision, and subject to the notification obligation set out Article 14(6) of the Act.


Article 3
The Decision is addressed to Iceland. It is authentic in the English language.


Article 4
This Decision shall be notified to Iceland, Norway and Liechtenstein.




Done at Brussels, 28 June 2016.


For the EFTA Surveillance Authority

Helga JÓNSDÓTTIR
            

College Member

Carsten ZATSCHLER
            

Director






(1)  
            OJ L 79, 19.3.2008, p. 1.

(2)  
            OJ L 224, 21.8.2012, p. 1.

(3)  Annex VI of Commission Decision 2014/69/EU of 6 February 2014 authorising Sweden and the United Kingdom to derogate from certain common aviation safety rules pursuant to Article 14(6) of Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 39, 8.2.2014, p. 60).




ANNEX

CONDITIONS ATTACHED TO THE APPLICATION OF THE DEROGATION

The competent authority shall examine the aircraft documentation and inspect the aircraft to verify that:






—


the historical records of the aircraft are complete and sufficient to establish the production and modification standard,










—


the aircraft was produced in accordance with the type design that was the basis for the EASA type certificate. For that purpose the historical records shall include a copy of the first certificate of airworthiness or export certificate issued for the new aircraft. Alternatively the applicant for the certificate of airworthiness can obtain a statement from the type certificate holder endorsed by the State of Design regarding the production status,










—


the aircraft conforms to a type design approved under a type certificate,










—


any supplemental type certificate, change or repairs are approved in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012 (1),










—


the applicable airworthiness directives have been implemented.




Finally the competent authority shall establish that the results of its investigation are consistent with the results of the investigation by the organisation performing the airworthiness review in accordance with Annex I (Part M) to Commission Regulation (EU) No 1321/2014 (2).


(1)  The act referred to at point 66p of Annex XIII to the EEA Agreement (Commission Regulation (EU) No 748/2012 of 3 August 2012 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, as amended) as adapted to the EEA Agreement by Protocol 1 thereto.

(2)  The act referred to at point 66q of Annex XIII to the EEA Agreement (Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel involved in these tasks, as amended (OJ L 362, 17.12.2014, p. 1)), as adapted to the EEA Agreement by Protocol 1 thereto.