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Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (Text with EEA relevance) (repealed)
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Version Superseded: 11/09/2018
Point in time view as at 20/02/2008. This version of this provision has been superseded.
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1.With regard to the products, parts and appliances referred to in Article 4(1)(a) and (b), the Agency shall, where applicable and as specified in the Chicago Convention or its Annexes, carry out on behalf of Member States the functions and tasks of the state of design, manufacture or registry when related to design approval. To that end, it shall in particular:
(a)for each product for which a type-certificate or a change to a type-certificate is requested, establish and notify the type-certification basis. That certification basis consists of the applicable airworthiness code, the provisions for which an equivalent level of safety has been accepted and the special detailed technical specifications necessary when the design features of a particular product or the experience in operation render any of the airworthiness code provisions inadequate or inappropriate to ensure conformity with essential requirements;
(b)for each product for which a restricted certificate of airworthiness is requested, establish and notify the specific airworthiness specifications;
(c)for each part or appliance for which a certificate is requested, establish and notify the detailed airworthiness specifications;
(d)for each product for which environmental certification is required in accordance with Article 6, establish and notify the appropriate environmental requirements;
(e)conduct, itself or through national aviation authorities or qualified entities, investigations associated with products, parts and appliances certification;
(f)issue the appropriate type-certificates or associated changes;
(g)issue certificates for parts and appliances;
(h)issue the appropriate environmental certificates;
(i)amend, suspend or revoke the relevant certificate when the conditions according to which it was issued are no longer fulfilled or if the legal or natural person holding the certificate fails to fulfil the obligations imposed on it by this Regulation or its implementing rules;
(j)ensure the continuing airworthiness functions associated with the products, parts and appliances which are under its oversight, including reacting without undue delay to a safety problem and issuing and disseminating the applicable mandatory information;
(k)for aircraft for which a permit to fly is to be issued, establish airworthiness standards and procedures to comply with Article 5(4)(a);
(l)issue permits to fly to aircraft for the purpose of certification under the control of the Agency, in agreement with the Member State in which the aircraft is registered or is to be registered.
2.With regard to organisations, the Agency shall:
(a)conduct, itself or through national aviation authorities or qualified entities, inspections and audits of the organisations it certifies;
(b)issue and renew the certificates of:
design organisations; or
production organisations located within the territory of the Member States, if requested by the Member State concerned; or
production and maintenance organisations located outside the territory of the Member States;
(c)amend, suspend or revoke the relevant organisation certificate when the conditions according to which it was issued are no longer fulfilled, or if the organisation concerned fails to fulfil the obligations imposed on it by this Regulation or its implementing rules.
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