ANNEX ISupplementary provisions
ANNEX I Annex I (Part 21) to Regulation (EU) No 748/2012 is amended as follows: (1) in point 21.B.320, points (a) and (b) are replaced by the following: ‘(a) Except for the issuance of an airworthiness certificate pursuant to points 21.B.326(a)(2)(i) or 21.B.327(a)(2)(i), the competent authority of the Member State of registry shall perform sufficient investigation activities to justify the issuance, continued validity, amendment, suspension or revocation of the certificate of airworthiness or restricted certificate of airworthiness. (b) The competent authority of the Member State of registry shall establish procedures for its investigations, covering at least the following elements: 1. evaluation of the eligibility of the applicant; 2. evaluation of the conditions for the application; 3. classification of airworthiness certificates; 4. evaluation of the documentation received with the application; 5. inspection of the aircraft; 6. determination of the necessary conditions, restrictions or limitations to the airworthiness certificates; 7. acceptance of the evaluation programme and assessment of the evaluation report developed in accordance with point 21.A.174(d).’; (2) in point 21.B.325, point (c) is replaced by the following: ‘(c) Where applicable, in addition to the airworthiness certificate referred to in point (a) or point (b), 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, or point AR.UAS.CAW.902 of the Annex (Part-AR.UAS) to Commission Implementing Regulation (EU) 2024/1109 ( *1 ) , as applicable. ( *1 ) Commission Implementing Regulation (EU) 2024/1109 of 10 April 2024 laying down rules for the application of Regulation (EU) 2018/1139 of the European Parliament and of the Council as regards competent authority requirements and administrative procedures for the certification, oversight and enforcement of the continuing airworthiness of certified unmanned aircraft systems, and amending Implementing Regulation (EU) 2023/203 ( OJ L, 2024/1109, 23.5.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/1109/oj ).’;" (3) point 21.B.326 is replaced by the following: ‘21.B.326 Certificate of airworthiness (a) The competent authority of the Member State of registry shall issue a certificate of airworthiness for: (1) new aircraft: (i) upon presentation of the documentation required by point 21.A.174(b)(2); (ii) where the competent authority of the Member State of registry is satisfied that the aircraft is in compliance with the applicable CO 2 emissions requirements on the date on which the certificate of airworthiness is first issued; (2) used aircraft transferred from another Member State having a certificate of airworthiness issued in accordance with this Annex, upon presentation of a copy of the current certificate of airworthiness and one of the following: (i) the documentation required by point 21.A.174(b)(3)(i)(A); (ii) the documentation required by point 21.A.174(b)(3)(i)(B); (3) used aircraft not having a certificate of airworthiness issued in accordance with this Annex, upon presentation of the documentation required by point 21.A.174(b)(3)(ii) demonstrating that the following conditions are met: (i) the aircraft or the UAS, as applicable, conforms to a design approved under a type certificate, and any supplemental type certificate, change or repair approved in accordance with this Annex; (ii) the applicable airworthiness directives have been complied with; (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, or Annex I (Part-ML.UAS) to Delegated Regulation (EU) 2024/1107, as applicable; (iv) the aircraft was in compliance with the applicable CO 2 emissions requirements on the date on which the certificate of airworthiness was first issued. (b) For the cases referred to in points (a)(1), (a)(2)(ii) and (a)(3), the Member State of registry shall issue a certificate of airworthiness where it is satisfied that the aircraft or the UAS, as applicable, conforms to an approved design and is in a condition for safe operation. This may include inspections by the competent authority of the Member State of registry.’; (4) point 21.B.327 is amended as follows: (a) point (a) is replaced by the following: ‘(a) The competent authority of the Member State of registry shall issue a restricted certificate of airworthiness for: 1. new aircraft, upon presentation of the documentation required by point 21.A.174(b)(2); 2. used aircraft transferred from another Member State having a restricted certificate of airworthiness issued in accordance with this Annex, upon presentation of a copy of the current restricted certificate of airworthiness and any of the following: (i) the documentation required by point 21.A.174(b)(3)(i)(A); (ii) the documentation required by point 21.A.174(b)(3)(i)(B); 3. used aircraft not having a restricted certificate of airworthiness issued in accordance with this Annex, upon presentation of the documentation required by point 21.A.174(b)(3)(ii) demonstrating that the following conditions are met: (i) the aircraft or the UAS, as applicable, conforms to a design approved under a restricted type certificate or in accordance with specific airworthiness specifications, and any supplemental type-certificate, change or repair approved in accordance with this Annex; (ii) the applicable airworthiness directives have been complied with; (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, or Annex I (Part-ML.UAS) to Delegated Regulation (EU) 2024/1107, as applicable.’; (b) the following point (d) is added: ‘(d) For the cases referred to in points (a)(1), (a)(2)(ii) and (a)(3), the Member State of registry shall issue a restricted certificate of airworthiness when satisfied that the aircraft or the UAS, as applicable, conforms to an approved design and is in a condition for safe operation. This may include inspections by the competent authority of the Member State of registry.’. ( *1 ) Commission Implementing Regulation (EU) 2024/1109 of 10 April 2024 laying down rules for the application of Regulation (EU) 2018/1139 of the European Parliament and of the Council as regards competent authority requirements and administrative procedures for the certification, oversight and enforcement of the continuing airworthiness of certified unmanned aircraft systems, and amending Implementing Regulation (EU) 2023/203 ( OJ L, 2024/1109, 23.5.2024, ELI: http://data.europa.eu/eli/reg_impl/2024/1109/oj ).’;’