ANNEX IISupplementary provisions
ANNEX II Annex Ib (Part 21L) to Regulation (EU) No 748/2012 is amended as follows: (1) point 21L.B.161 is amended as follows: (a) point (a) is replaced by the following: ‘(a) 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 21L.A.143(h).’; (b) point (c) is replaced by the following: ‘(c) Except for the issuance of an airworthiness certificate as described in point 21L.B.162(c)(1), 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. When conducting investigations related to the issuance of a certificate of airworthiness or a restricted certificate of airworthiness for a newly produced aircraft, the competent authority of the Member State of registry shall evaluate the need to conduct a physical inspection of the aircraft to ensure the conformity and safety of flight of the aircraft prior to the issuance of a certificate of airworthiness or a restricted certificate of airworthiness. This evaluation shall take into account: 1. the results of the physical inspection of the first article of that product in the final configuration, conducted in accordance with point 21L.B.143(b) or point 21L.B.251(b) by the competent authority of the Member State of registry, or by the competent authority overseeing the organisation or the natural or legal person that produced this aircraft, if different; 2. the time period since the last physical inspection conducted by the competent authority of the Member State of registry of an aircraft produced by the organisation, or the natural or legal person that produced that aircraft; 3. the results of the oversight conducted under Section B, Subpart G, of this Annex or under Section B, Subpart G, of Annex I (Part 21) of the organisation issuing the statement of conformity for the aircraft, or the verification conducted under Section A, Subpart R, of this Annex of other statements of conformity (EASA Form 52B) or authorised release certificates (EASA Form 1) that were issued by the same signatory; 4. the time period since the last oversight visit of the organisation in accordance with Section B, Subpart G, of this Annex, or Section B, Subpart G, of Annex I (Part 21), or since the last verification conducted under Section A, Subpart R, of this Annex of a statement of conformity (EASA Form 52B) or authorised release certificate (EASA Form 1) issued by the same signatory.’; (2) point 21L.B.162 is amended as follows: (a) in point (a)(2), point (iii) is replaced by the following: ‘(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) in point (b)(2), point (iii) is replaced by the following: ‘(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) points (c) and (d) are replaced by the following: ‘(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.’.