Certificate of Airworthiness

The European Parliament and the Council issued and published the Regulation (EU) 2018/1139. Chapter III, section I of this regulation explains the duties in accordance with the Chicago Convention as of the International Civil Aviation Organisation (ICAO).

The ICAO is an agency of the United Nations, responsible for international rules governing all areas of civil aviation. Article 31 of the so called “Chicago Convention” states that "Every aircraft engaged in international navigation shall be provided with a certificate of airworthiness issued or rendered valid by the State in which it is registered".

The Regulation (EU) 2018/1139, Article 2.3 (d) splits aircraft into two groups. The requirements of the aircraft are defined in Annexes to Basic Regulation, therefore the aircraft are allocated as follows:

• Annex I - Aircraft for which the Basic regulation does not apply, and which remain under the National Legislation (“Annex 1 Aircraft”)
• Annex II – defines the essential requirements for airworthiness of aircraft (“EASA Aircraft”)

In accordance with the Annex to (EC) No 1702/2003 (Part 21) the issue of the Certificate is pending on several circumstances, such as:

• The Condition of the Aircraft (new or used)
• State of Origin of the Type Certificate, or where the aircraft is produced
• The previous State of Registry for used aircraft (EU or third country)

The required documents, which have to be provided to Austro Control GmbH prior the issue of the Certificate of Airworthiness are as detailed in the following table.

(Please Note, that the referenced "Checklist to issue austrian aircraft documents" is a recommendation and assistance from Austro Control GmbH. It is sufficient if the information mentioned within the checklist is provided but not the checklist itself.)

Requirements in accordance with Annex to (EC) No 1702/2003 (Part 21), Subpart H

The following documents are required to operate an aircraft::

• Certificate of Airworthiness (CofA)
• Airworthiness Review Certificate (ARC)
• Noise Certificate (NC)
• Operational Certificates/Approvals
   

To allow Austro Control GmbH to issue the documents, the required information according to "Checklist to issue austrian aircraft documents" as mentioned in table 1 have to be submitted to Austro Control GmbH.

General

Note 1:
Automatic acceptance of changes and repairs is possible if they are in compliance with the EASA Executive Director Decisions in force with the respective country.
https://www.easa.europa.eu/document-library/agency-decisions

Note 2:
If approval of a change or repair is required, please refer to the “Distribution of Tasks”, in order to address the application to the correct institution.
https://www.easa.europa.eu/faq/20142

These notes are intended to provide guidance to anyone considering applying for an Austrian Certificate of Airworthiness for an aircraft imported from outside the European Union (EU) that incorporates modifications or repairs not previously approved by EASA.

Background to Changes

Annex to Regulation (EC) No 1702/2003 (Part 21) specifies the requirements for approving modifications ("changes"). Any modification approved by any of the EU member states before 28th September 2003 is deemed approved by EASA, and will not need to be technically investigated again, if it is not restricted to a certain serial number range, where the applicable product would not be affected. Please note, however, that responsibility rests with the applicant to demonstrate the approval status when applying for a Certificate of Airworthiness.

Under EASA, aircraft owners can still apply for the issue of a Certificate of Airworthiness, but can no longer apply for approval of major modifications (this includes modifications where design approval is via FAA Forms 337 and 8110-3)).

Modifications embodied on an aircraft registered in an EU member state must be approved in accordance with EU Regulation (EC) No 1702/2003. This also applies to aircraft joining the register of an EU member state from outside the EU after this date.

EASA approval can be achieved via the following routes:

Minor Modification
Application for EASA approval should be made to EASA (and anyone from within the EU can apply) - https://www.easa.europa.eu/easa-and-you/general-aviation/documents-guidance-and-examples.

Alternatively, a Design Organisation appropriately approved in accordance with Annex to Regulation (EC) No 1702/2003, Part 21 Subpart J can approve it directly.

The recognition of changes/repairs approved by the FAA, TCCA or ENAC Brazil is detailed in the application bilateral agreement.
https://www.easa.europa.eu/document-library/bilateral-agreements/eu-usahttps://www.easa.europa.eu/document-library/bilateral-agreements/eu-canadahttps://www.easa.europa.eu/document-library/bilateral-agreements/eu-brazil

Repair design approvals are issued in accordance with EASA Regulation (EC) No 1702/2003, Part 21, Section A, Subpart M if there is no Executive Director Decision in force which regulates the acceptance of such repair design.

Please note that the Type Certificate Holders are given further privileges with respect to repairs design of aircraft by Executive Director Decision 2004/04/CF. Refer to the Decision and subsequent amendments for further information.

Restricted certificates of airworthiness shall be issued to aircraft:

• Which conform to a restricted type-certificate that has been issued in accordance with Annex to Regulation (EC) No 1702/2003 Part 21; or
• Which have been shown to the Agency to comply with specific certification specifications ensuring adequate safety.