Introduction
The principal source regulation concerning aircraft airworthiness is found in ICAO international standard of Annex 8 which defines “airworthy” – in respect of an aircraft, engine, propeller or part thereof – as “The status of an aircraft, engine, propeller or part when it conforms to its approved design and is in a condition for safe operation”.
The application of airworthiness defines the condition of an aircraft and its suitability for flight, in that it has been designed with engineering rigor, constructed, maintained and is expected to be operated to approved standards and limitations, by competent and approved individuals, who are acting as members of an approved organization and whose work is both certified as correct and accepted on behalf of the state of aircraft registry.
EASA Basic Regulation
EASA Basic Regulation 2018/1139 establishes the common rules in the aviation sector and is demonstrates the legal standing of the European Aviation Safety Agency.
The European Commission (Direct or through EASA) will NOT impose conditions which are inconsistent with the obligations assumed by the Member States by virtue of their belonging of the International Civil Aviation Organization (ICAO).
Basic Regulation Article 5 relates to airworthiness and article 20 concerns airworthy certification.
A/C may only operate when they can demonstrate the essential requirements in annexe I in airworthy section and issued with a “Type Certificate”
Products shall possess a type certificate.
Modifications (where applicable) should generate a supplementary type certificate.
The certificate of airworthiness will be issued when the applicant has demonstrated that the aircraft is confirmed to the design of the model approved in its type certificate and that the related documentation, inspections and tests confirm that the aircraft is in a condition for safe use.
The certificate of airworthiness shall remain valid as long as it is not cancelled, or annulled, as long as the aircraft is kept in accordance with the essential requirements for maintenance of airworthiness.
EASA Initial Airworthiness
Regulation (EU) No. 748/2012 established the dispositions regarding the application of the rules related to the airworthiness and environmental certification of aircraft and related products, components and equipment, as well as the certification of design and production organizations.
This regulation contains an annex, Part-21, which specifies the requirements and procedures for the certification of aircraft and related products, components and equipment, and design and production organizations. Apart from this annex, there are also several certification specifications, including CS-25 for large aircraft, and CS-23, for medium and small aircraft.
Additional to the technical requirements and common administrative procedures regulation nº 748/2012 addresses the following aspects:
a) The Issue of type certificates, of restricted type certificates, of supplementary type certificates, as well as the modifications of such certificates.
b) The Requirements related to repairs design approvals.
c) The requirements to demonstration environmental protection requirements are achieved.
d) The disposition of noise level certificates.
e) The identification and certification of products, components and equipment.
f) The certification of the design and production organizations.
g) The disposition of airworthiness directives
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