EASA Type Certificates & Restricted Type Certificate Considerations

Sofema Online (SOL) (www.sofemaonline.com) considers the key elements related to the EASA Type Certificate & Restricted Type Certificate

Introduction

Requirements for the issuance of a type certificate or restricted type certificate - Ref 21.A.21(EU) 2019/897)

In order to be issued a product type certificate or, when the aircraft does not meet the essential requirements of Annex II to Regulation (EU) 2018/1139 an aircraft restricted type certificate, the applicant shall:

• Demonstrate its capability in accordance with point 21.A.14
• Comply with point 21.A.20
• Demonstrate that the engine and propeller, if installed in the aircraft:

° Have a type-certificate issued or determined in accordance with this Regulation; or
° Have been demonstrated to be in compliance with the aircraft type-certification basis established and the environmental protection requirements designated and notified by the Agency as necessary to ensure the safe flight of the aircraft

Clarification of the term ‘determined’ (GM 21.A.21(a)(3)(A))

• A type certificate ‘determined’ in accordance with Part 21 means a type certificate or a document that allows the issuance of a certificate of airworthiness, issued before 28 September 2003 by a Member State complying with Article 3(1)(a) of Regulation (EU) No 748/2012.

Approval of operational suitability data (OSD) ED Decision 2019/018/R

•  It is acknowledged that it may not always be possible to have the OSD available on the date of the issue of the (restricted) type certificate ((R)TC).

°  The (R)TC, change approval or STC can be issued before compliance with the OSD certification basis has been demonstrated.

Note The OSD needs to be approved before the data is used by a training organisation for the purpose of obtaining a European Union (EU) license, rating, or attestation, or by an EU operator.

•  This is normally done before the entry into service of the first aircraft by an EU operator but it could also be done later for some of the OSD constituents, such as the definition of the scope of validation source data to support the objective qualification of a simulator, which should only be available when a simulator has to be qualified.

Type-certification basis for a type certificate (TC) or restricted type certificate (RTC) (GM 21.B.80)

Regarding Applicable Certification Specifications (CSs) (ref  21.B.80(a))

• The type-certification basis for a TC or an RTC consists of the airworthiness CSs that were effective on the date of application and were applicable for that certificate
• The effectivity date of the initial application may be changed & the certification basis is then revised accordingly

Note - It is also possible for an applicant to elect to comply with a CS that entered into force after the date on which the applicant has submitted the application.

• EASA should assess whether the proposed certification basis is appropriate to ensure that the ‘elect to comply’ proposal includes any other CSs that are ‘directly related’ to one or several of the CSs in it.
• Directly related CSs are those that are deemed to contribute to the same safety objective by building on each other’s requirements, addressing complementary aspects of the

Equivalent Level of Safety (Ref 21.B.80(a)(2))

In cases in which the applicable CSs cannot be literally complied with, either fully or in part, EASA may accept a suitable alternative that provides an equivalent level of safety through the use of appropriate compensating factors.

• In cases in which the requirements contain not only objectives but also prescriptive parts, an equivalent level of safety may be accepted if:

° The objectives are met by designs or features other than those required in the CSs; or
° Suitable compensating factors are proposed.

Alternative Means of Compliance (ref 21.B.80(a)(3))

If the intent of the CSs defined in point 21.B.80(a) cannot be met, EASA may accept mitigating factors to the CSs, provided that the safety objective is met.

• In the case of a TC, the alternative means should provide a demonstration of compliance with the essential requirements for airworthiness laid down in Annex II to Regulation (EU) 2018/1139.
• In the case of an RTC, the alternative means should provide a sufficient level of safety for the intended use.

Special Conditions (Ref 21.B.75)

EASA may also prescribe special conditions in accordance with point 21.B.75.

Next Steps

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