(fra kommisjonsforordningen)

(1) Commission Regulation (EU) No 748/2012 lays down the requirements for the initial airworthiness of aircraft, including the requirements for the issuance of the certificate of airworthiness and restricted certificate of airworthiness. 

(2) The complexity of those implementing rules should be reduced to align them with the risks associated with different categories of aircraft, types of operations and the history of aircraft. It is necessary to simplify and harmonise the rules set out in the Annexes to Regulations (EU) No 748/2012 in order to make them clearer and to avoid misinterpretations. 

(3) Due to the complex dependencies between Regulations (EU) No 748/2012 and (EU) No 1321/2014 in relation to respectively airworthiness certificate and airworthiness review certificate, it is necessary to enhance the alignment between those two Regulations, particularly for aircraft transferred between Member States or imported into the Union. 

(4) In order to enhance the free movement of aircraft within the Union it is necessary to facilitate the process for issuing airworthiness certificates when aircraft are transferred between Member States and allow applicants to request an airworthiness certificate from the national competent authority of the Member State where they wish to register the aircraft.

(5) Application requirements for certificates of airworthiness and restricted certificates of airworthiness should be amended to include cases of used aircraft other than aircraft originating from third countries, such as aircraft previously used for activities or services defined in Article 2(3), point (a), of Regulation (EU) 2018/1139. 

(6) When applying for a certificate of airworthiness or a restricted certificate of airworthiness for an aircraft imported from a third country, a statement reflecting the airworthiness status of an aircraft is required. Where that statement is unavailable and cannot be obtained, an alternative mechanism based on investigation and evaluation activities should be introduced. 

(7) Regulation (EU) No 748/2012 should therefore be amended accordingly. 

(8) The measures provided for in this Regulation are in accordance with Opinion 08/2024, issued by the European Union Aviation Safety Agency in accordance with Article 76(1) of Regulation (EU) 2018/1139,