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Commission Regulation (EC) No 1702/2003 (repealed)Show full title
Commission Regulation (EC) No 1702/2003 of 24 September 2003 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and appliances, as well as for the certification of design and production organisations (Text with EEA relevance) (repealed)
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- Revised 10/09/20120.44 MB
- Revised 28/12/20090.95 MB
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- Revised 08/03/20051.01 MB
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Changes over time for: Article 2a
Version Superseded: 10/09/2012
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[F1Article 2a U.K. Continued validity of type-certificates and related certificates of airworthiness
1. With regard to products which had a type-certificate, or a document allowing the issuing of a certificate of airworthiness, issued before 28 September 2003 by a Member State, the following provisions shall apply:
(a) the product shall be deemed to have a type-certificate issued in accordance with this Regulation when:
(i)
its type-certification basis was:
the JAA type-certification basis, for products that have been certificated under JAA procedures, as defined in their JAA data sheet, or
for other products, the type-certification basis as defined in the type-certificate data sheet of the State of design, if that State of design was:
a Member State, unless the Agency determines, taking into account, in particular, airworthiness codes used and service experience, that such type-certification basis does not provide for a level of safety equivalent to that required by the Basic Regulation and this Regulation, or
a State with which a Member State had concluded a bilateral airworthiness agreement or similar arrangement under which such products have been certificated on the basis of that State of design airworthiness codes, unless the Agency determines that such airworthiness codes or service experience or the safety system of that State of design do not provide for a level of safety equivalent to that required by Regulation (EC) No 1592/2002 and this Regulation.
The Agency shall make a first evaluation of the implication of the provisions of the second indent in view of producing an opinion to the Commission including possible amendments to this Regulation;
(ii)
the environmental protection requirements were those laid down in Annex 16 to the Chicago Convention, as applicable to the product;
(iii)
the applicable airworthiness directives were those of the State of design.
(b) The design of an individual aircrafts, which was on the register of a Member State before 28 September 2003 , shall be deemed to have been approved in accordance with this Regulation when:
(i)
its basic type design was part of a type-certificate referred to in point (a);
(ii)
all changes to this basic type design, which were not under the responsibility of the type-certificate holder, had been approved; and
(iii)
the airworthiness directives issued or adopted by the Member State of registry before 28 September 2003 were complied with, including any variations to the airworthiness directives of the State of design agreed by the Member State of registry.
(c) The Agency shall determine the type-certificate of the products not meeting the requirements of point (a) before 28 March 2007 .
(d) The Agency shall determine the type-certificate data sheet for noise for all products covered by point (a) before 28 March 2007 . Until such determination, Member States may continue to issue noise certificates in accordance with applicable national regulations.
2. With regard to products for which a type-certification process was proceeding through the JAA or a Member State on 28 September 2003 , the following shall apply:
(a) if a product is under certification by several Member States, the most advanced project shall be used as the reference;
(b) 21A.15(a), (b) and (c) of Part 21 shall not apply;
(c) by way of derogation from 21A.17(a) of Part 21, the type-certification basis shall be that established by the JAA or, where applicable, the Member State at the date of application for the approval;
(d) compliance findings made under JAA or Member State procedures shall be deemed to have been made by the Agency for the purpose of complying with 21A.20(a) and (b) of Part 21.
3. With regard to products that have a national type-certificate, or equivalent, and for which the approval process of a change carried out by a Member State was not finalised at the time when the type-certificate had to be in accordance with this Regulation, the following shall apply:
(a) if an approval process is being carried out by several Member States, the most advanced project shall be used as the reference;
(b) 21A.93 of Part 21 shall not apply;
(c) the applicable type-certification basis shall be that established by the JAA or, where applicable, the Member State at the date of application for the approval of change;
(d) compliance findings made under JAA or Member State procedures shall be deemed to have been made by the Agency for the purpose of complying with 21A.103(a)(2) and (b) of Part 21.
4. With regard to products that had a national type-certificate, or equivalent, and for which the approval process of a major repair design carried out by a Member State was not finalised at the time when the type-certificate had to be determined in accordance with this Regulation, compliance findings made under JAA or Member State procedures shall be deemed to have been made by the Agency for the purpose of complying with 21A.433(a) of Part 21.
5. A certificate of airworthiness issued by a Member State attesting conformity with a type-certificate determined in accordance with paragraph 1 shall be deemed to comply with this Regulation.]
Textual Amendments
F1 Substituted by Commission Regulation (EC) No 375/2007 of 30 March 2007 amending Regulation (EC) No 1702/2003 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 (Text with EEA relevance).
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