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Certificates of airworthiness scheme

Original Language Title: Regeling bewijzen van luchtwaardigheid

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Rules laying down rules for the issue, modification, transfer, renewal and renewal of certificates of airworthiness and some other provisions (Airworthiness Regulation)

The State Secretary for Infrastructure and the Environment,

Having regard to Article 3.24 of the Aviation Act , and the Article 8, third paragraph , 13, introductory wording and parts a, b, and c , and Article 20 of the Aircraft Decision 2008 ;

Decision:


§ 1. General

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Article 1

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For the purposes of this arrangement:

  • AR: Airworthiness Review, assessment of the airworthiness of an aircraft in accordance with Part M, Subpart I, of Regulation (EC) 2042/2003 ;

  • general aviation: aviation with aeroplanes with a maximum take-off mass of 5700 kg or less, helicopters with a maximum take-off mass of 2730 kg or less, balloons, hot-air vessels and (engine) sailplanes;

  • BvL acceptance assessment: inspection of an aircraft in the context of the issue of an airworthiness certificate, in response to which the Minister is advised of the airworthiness of that aircraft;

  • BvL Renewal Inspection: inspection of an aircraft in the framework of the renewal of an airworthiness certificate, in response to which the Minister is advised of the airworthiness of that aircraft;

  • Company approved: company that is by the minister on the grounds of Article 17 of the Aircraft Decision 2008 has been approved;

  • export inspection: inspection of an aircraft on airworthiness requirements of the importing country in the context of the export of the aircraft, as a result of which the Minister is advised of the airworthiness of that aircraft;

  • FAA: Federal Aviation Administration, the US Aviation Authority;

  • accepted type design: type of design which, in the opinion of the Minister, complies with a design approved in accordance with ICAO Annex 8 by the State of design, being a contracting country by means of a civil type-approved design;

  • Delegate: a member of staff designated by an approved undertaking which is authorised to carry out a BvL acceptance inspection, a BvL renewal inspection or an export inspection and submit the report to that effect as referred to in Article 9 (b), signing;

  • maximum take-off mass: mass that an aircraft may have when it is lifted from the earth's surface;

  • Minister: Minister for Infrastructure and the Environment;

  • orphan aircraft: Aircraft already registered in the Netherlands aircraft register of which ICAO BvL has been replaced by a special-BvL by the Minister, as a result of the revocation by the State of design of its declaration of support to the design;

  • Transport Canada: the Canadian Aviation Authority;

  • Treaty-sland: ' Agreement between the United States of America, established on 13 September 1995 between the United States of America, in the context of the following treaties: the agreement on mutual recognition of certificates of airworthiness: and the Kingdom of the Netherlands on the promotion of the safety of air transport (Trb. 1996, 3), the Air Transport Agreement concluded in Brussels on 17 December 2009, between Canada and the European Community and its Member States (Trb. The Multilateral Agreement on Airworthiness Certificates of imported aircraft (Trb), concluded on 22 April 1960 in Paris, on 22 April 1960. 1961, 117);

  • Treaty of Chicago: the Convention on International Civil Aviation, established in Chicago on 7 December 1944 (Trb. 1973, 109).


Article 1a

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This scheme is based on: Article 1.5 and 3.24 of the Law Aviation Act and the Article 8, third paragraph , 12, third member , and 13 of the 2008 Aircraft Decision .


Article 2

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  • 1 The minister may allow for data on microfilms or computer data carriers to be provided in the application for a certificate of airworthiness.

  • 2 The applicant shall provide the Minister with necessary equipment for this purpose.

  • 3 This equipment should be capable of producing an image of the projected image or data within a few seconds.


§ 2. Scope

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Article 3

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  • 1 This scheme does not apply to amateur aircraft and MLAs.


§ 3. EASA Standard-BvL and EASA Restricted-BvL

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Article 4

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An application for an EASA Standard BvL and an EASA Restricted BvL will be a fully completed and signed acceptance report in accordance with the model as included. Annex 1 is annexed to this Arrangement concerning the BvL acceptance assessment.


§ 4. ICAO Standard BvL

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4.1. General

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Article 5

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An application for an ICAO standard BvL shall be submitted at least:

  • a. A weight and balance report and if required by the applicable airworthiness requirements, a loading schedule;

  • b. The Aeroplane Flight Manual, if required by applicable airworthiness requirements;

  • c. the historical data identifying the production, modification and maintenance standard of the aircraft;

  • d. A precise description of the deviations from the type of design accepted. If the applicant is unable to comply with this, the information shall be submitted, enabling the said derogations to be established; and

  • e. a fully completed and signed acceptance report on the BvL acceptance assessment in accordance with the model as included in the Annex 1 This scheme.


4.2. Issue ICAO standard-BvL for an aircraft imported from a treaty country

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Article 6

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  • 1 For an aircraft that complies with a type of design accepted by the Minister, designed, built, tried and equipped in the United States of America and imported from the United States of America, are used for the purpose of the issuance of an ICAO Standard-BvL de in Article 5 The data shall be submitted and data showing that the aircraft:

    • a. Is designed, constructed, tested and equipped in accordance with the laws, regulations and requirements of the United States of America applicable;

    • b. satisfies all special requirements applicable to ICAO Standard BvL at the date of application, to the extent that those requirements have been notified to the United States of America;

    • c. is provided with a BvL issued by the FAA to export to the Netherlands not previously issued than 60 days immediately prior to the date of the request for an ICAO Standard-BvL.

  • 2 For an aircraft that complies with a type of design accepted by the Minister, designed, constructed, tried and equipped in Canada and imported from Canada, for the purpose of issuing an ICAO standard BvL, the Article 5 The data shall be submitted and data showing that the aircraft:

    • a. Is designed, constructed, tested and equipped in accordance with the laws, regulations and requirements of Canada applicable;

    • b. satisfies all the special requirements applicable on the date of the application for an ICAO Standard-BvL;

    • c. is provided with a BvL issued by Transport Canada for export to the Netherlands not previously issued than 60 days immediately prior to the date of the request for an ICAO Standard-BvL.

  • 3 For an aircraft which complies with a type of design accepted by the Minister, designed, constructed, tested and equipped in the territory of a Contracting State as referred to in the Multilateral Agreement on Evidence Airworthiness of imported aircraft (Trb. 1961, 117) and imported within the window of that agreement are to be released for the purpose of issuing an ICAO standard BvL. Article 5 The data shall be submitted and data showing that the aircraft:

    • a. Is designed, constructed, tested and equipped in accordance with the applicable rules and requirements of the State in which it has been applied;

    • b. meets the applicable minimum requirements established in accordance with the Chicago Convention;

    • c. meets all other special requirements applicable to ICAO Standard BvL at the date of application, provided that those requirements have been notified to the Contracting Parties.

    • d. is provided with a BvL or a BvL for export to the Netherlands issued by the exporting State, which has not been issued earlier than 60 days immediately preceding the date of the request for an ICAO Standard-BvL.


Article 7

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  • 1 For an aircraft complying with a type of design accepted by the Minister, manufactured in the United States of America and from another State with which the Minister has concluded an agreement, on mutual recognition. of airworthiness certificates is imported, for the purpose of issuing an ICAO standard-BvL Article 5 said data submitted, the Article 6, first paragraph, part a and b the following documents shall be presented and submitted by the applicant:

    • a. US-based BvL for export at the time;

    • b. A BvL, or a BvL for export to the Netherlands, issued by the State from which the aircraft is imported, not earlier than 60 days, immediately preceding the date of the request for an ICAO Standard-BvL.

  • 2 For an aircraft complying with a type of design accepted by the Minister, manufactured in Canada and from another State with which the Minister has concluded an agreement, on mutual recognition of evidence of airworthiness, is imported, to be used for the issue of an ICAO standard-BvL, the Article 5 said data submitted, the Article 6, second paragraph, points (a) and (b) The information referred to and the following information submitted by the applicant:

    • a. The Canadian BvL issued at the time for export;

    • b. A BvL or a BvL for export to the Netherlands, issued by the State from which the aircraft is imported, not earlier than 60 days, immediately preceding the date of the request for an ICAO Standard-BvL.

  • 3 For an aircraft complying with a type of design accepted by the Minister, which is manufactured in a Contracting State as referred to in the Multilateral Agreement on Airworthiness Certificate of imported aircraft (Trb. 1961, 117) and that from another State with which the Minister has entered into an agreement on mutual recognition of certificates of airworthiness is being imported, for the purpose of issuing an ICAO standard BvL. Article 5 said data submitted, the Article 6, third paragraph, points (a) to (c) the following documents shall be presented and submitted by the applicant:

    • a. At the time, the export-BvL; issued by the State, in which the aircraft is manufactured;

    • b. A BvL, or a BvL for export to the Netherlands, issued by the State from which the aircraft is imported, not earlier than 60 days, immediately preceding the date of the request for an ICAO Standard-BvL.


4.3. Issue ICAO standard-BvL for an aircraft imported from a non-treaty country

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Article 8

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For an aircraft manufactured in a State, with which the Netherlands has an agreement on mutual recognition of certificates of airworthiness and imported from a State with which the Minister has no agreement ICAO standard-BvL shall be issued for the purposes of the issuance of an ICAO standard-BvL, the Article 5 The following documents have been submitted and the following documents have been submitted:

  • a. At the time, the BvL for export issued by the State in which the aircraft was manufactured;

  • b. documents demonstrating that the aircraft is in conformity with the type of design accepted by the Minister, or an additional type of certificate issued for the type of design;

  • c. Documents showing that the applicable airworthiness directives are as intended Article 9 have been exported; and

  • d. Documents showing that the aircraft has been found to be airworthy after inspection and suitable for safe operation.


4.4. Airworthiness directives

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Article 9

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Prior to the issuance of an ICAO Standard-BvL, the mandatory airworthiness directives of the country of design and the Dutch special airworthiness directives shall be followed.


§ 5. Export-BvL

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Article 10

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An application for an export-BvL shall be the subject of the following information:

  • a. A statement from the competent authority of the importing State stating the airworthiness requirements and any deviations from the airworthiness requirements accepted by the importing State;

  • b. a fully completed and signed inspection report in accordance with the model as included in Annex 1 to this export inspection scheme, which has not been carried out earlier than 60 days preceding the date of application for an export BvL, showing and stating that the aircraft is in compliance with the under- a. such airworthiness requirements.


§ 6. ICAO standard extension-BvL, special-BvL orphan aircraft, and re-issue ARC

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6.1. Application and extension period

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Article 11

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  • 1 The owner or holder of an aircraft shall submit an application for the extension of the period of validity of an ICAO standard-BvL or a special-BvL of an orphan aircraft to the Minister.

  • 2 In the case of an application as referred to in paragraph 1, the following documents shall be added:

    • a. a fully completed and signed inspection report of the BvL renewal inspection, in accordance with the model as included in Annex 2 the scheme, carried out by a company approved for that purpose; or

    • b. An inspection report of a full AR carried out by a CAMO approved for that purpose by the Minister.

  • 3 An inspection report shall be submitted at least 8 days before the expiry date of the period of validity of the BvL or the ARC.


Article 12

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  • 1 The extension of the period of validity of an ICAO standard-BvL or a special-BvL of an orphan aircraft may take place up to a maximum of six months after the expiry of the period of validity specified in the BvL, if in the case of the Inspection report a negative opinion on the airworthiness of the aircraft is given.

  • 2 Upon renewal of the period of validity of an ICAO Standard BvL or a Special BvL of an orphan aircraft, or upon re-release of an ARC, a new BvL or ARC is sent to the applicant for renewal, showing up to and including the date the document is valid.

  • 6 For a Dutch aircraft that is fully deployed for non-military state activities or services, the ICAO standard BvL for a maximum of 3 years is held valid every time after 1 and 2 years a simple AR inspection in accordance with Part M.A. 901 (f) of Regulation (EC) No 2042/2003 to be exported.


6.2. Sampling

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Article 13

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  • 1 The Minister may conduct a sample on a BvL renewal inspection or an AR in the context of the supervision of the approved holding.

  • 2 On the application, for the purpose of Article 11, first paragraph , shall be indicated by the owner or keeper of the aircraft which belongs to the general aviation on the date and place in the Netherlands of the aircraft to be ready for a possible sample.

  • 3 Between the date of submission of the application to the Minister and the date of the possible sample, a period of not less than 8 days shall be maintained.

  • 4 For an aircraft not belonging to general aviation, date, time and place shall be determined by the Minister after consultation with the owner or holder of the aircraft, as necessary and notified in writing to the owner or keeper.

  • 5 The owner or keeper of the aircraft shall contact the Minister as soon as possible if the aircraft does not have force majeure on the place specified on the application or by the Minister, or by the place or date, ready for a security Possible sample.


§ 7. Change, transfer, and renewal BvL and ARC

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Article 14

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  • 1 If it has been found that the data, as indicated by the Minister on a BvL or an ARC, are incorrect, a BvL or an ARC that lists the appropriate data shall be sent to the owner or keeper of the aircraft.

  • 2 The owner or keeper shall send a previously received BvL or ARC to the Minister within one week from the date of dispatch of the amended copy referred to in paragraph 1.


Article 15

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In the case of the transfer of an aircraft, a BvL or an ARC is transferred by the former owner or holder of that aircraft to the new owner or holder of that aircraft.


Article 16

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  • 1 A BvL or an ARC issued by the Minister shall be renewed by the Minister, upon loss or if it has become unreadable, damaged or otherwise unusable.

  • 2 For loss, the application for renewal of a BvL or an ARC shall produce a copy of the minutes of the declaration of loss.

  • 3 If a BvL or an ARC has been renewed for loss and the lost document is recovered, the owner or holder of the aircraft shall return the returned BvL or ARC to the Minister as soon as possible.

  • 4 If a BvL or an ARC is renewed other than due to loss, the owner or holder of the aircraft shall send the original BvL or ARC to the Minister within one week from the date of dispatch of the renewed document.


§ 8. BvL acceptance assessment, BvL renewal inspection, BvL export inspection, and AR

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8.1. General

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Article 17

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  • 1 A BvL acceptance assessment, a BvL renewal inspection or an export inspection is carried out by an approved company.

  • 2 Where special circumstances give rise to the above, the Minister may carry out a BvL acceptance inspection, a BvL renewal inspection, an export inspection or an AR.

  • 3 The Minister carries out a BvL acceptance assessment, a BvL renewal inspection or an export inspection in any case where there is no company approved for that purpose.

  • 4 The Minister shall, in any event, carry out an AR when there is no recognised CAMO.

  • 5 If a BvL acceptance inspection, a BvL renewal inspection, an export inspection or an AR is carried out by the minister abroad, the possible costs of a research to be carried out by him shall be carried out under the inspection the owner or the holder of the aircraft concerned.


8.2. Acceptance assessment content, renewal inspections and export inspections

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Article 18

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  • 1 The person responsible for carrying out a BvL renewal inspection or export inspection shall determine the content of the technical inspection, except that in general aviation at least the 'check and inspect' points of the inspection shall be carried out. 100-hour inspection or annual inspection, or equivalent inspection, if the last inspection took place more than half a year ago.

  • 2 An acceptance assessment shall be carried out in accordance with the requirements of Annex 1 included list of items.

  • 3 The BvL renewal inspection shall be carried out not earlier than two months before the expiry of the period of validity of the certificate of airworthiness.

  • 4 At the latest on the morning of the date of the sample, Article 13 , is the inspection report according to the model according to Annex 2 available to the Minister.


§ 8 *. Final provisions

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Article 19

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The Regulation Standard-BvL and the Renewal Certificate of Airworthiness Scheme shall be withdrawn.


Article 20

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This arrangement shall enter into force on 1 October 2011.


Article 21

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This arrangement is cited as: Staff Regulations of Airworthiness.

This arrangement will be set out in the Official Journal.

The

State Secretary

of Infrastructure and the Environment,

J.J. Atsma


Annex 1. as intended in Article 4, third paragraph , Article 5, part e , Article 10 (b) , and Article 18, second paragraph .

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Annex 2. as intended in Article 11 (a) (a) , and Article 18 (4) .

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BLOK 'A'

COMPANY F/EZT:

BvL-V-INSPECTION REPORT No:

(not to be completed)

Number:

Date:

NO RECOGNITION/AOC:

AIRCRAFT DETAILS

Aircraft Type:

Serial number:

Registration

PH

Propelling plant

Type

Serial number

Usage Details

Engine:

Prop/Rotor:

EXPIRY DATE BvL:

Hours after last BvL-V inspection:

Hours after last periodic inspection:

Last BvL-V inspection date:

Last Periodic Inspection Date:

BOK 'B'

RESULT INSPECTION

Place inspection:

Date of inspection:

Date of opinion:

It is hereby certified that the BvL renewal inspection has been carried out and that the results are fully and truthfully reported.

Name, stamp and signature Authorised/EZT:

All points are answered with YES or NVT. It is recommended that the BvL be extended.

Not all points are answered with YES or NVT. It is recommended that the BvL be extended anyway.

Not all points are answered with YES or NVT. See explanatory notes in the Annex.

BLOK ' C'

BvL-V-INSPECTION REPORT No:

REGISTRATION: PH-

YES

NO

OPM

1. QUALITY OF MAINTENANCE

a.

Does the maintenance program meet the requirements?

b.

Does the execution of the maintenance meet the requirements?

2. TECHNICAL STATE

a.

Can it be stated that the aircraft does not possess defects, defects or damage, which make a repair or a significant repair necessary?

b.

Have any defects, defects or damage caused by a repair or significant repair by competent persons or approved bodies removed?

3. CHANGES

a.

Have the design aspects been approved?

b.

Have the sound aspects been approved?

c.

Does the performance meet the requirements?

ed.

Is the notification obligation satisfied for any eligible change?

4. USAGE RESTRICTIONS

a.

Can it be stated that no usage restrictions have now been exceeded?

b.

Have the necessary actions been taken by competent persons or approved bodies following restrictions on the use of use?

5. INSTRUCTIONS

Have all the instructions of the Minister for the Maintenance or Restoration of Airworthiness been carried out?

6. TECHNICAL RECORDS

Does the technical records of the performed maintenance, modifications and directions to the requirements are met?

7. GENERAL

Can it be stated that there are no details to be reported regarding the use and maintenance of the aircraft?

Comments:

  • 1. YES or NO boxes shall be initialled at the BvL-V inspection and shall bear the date of the inspection.

  • 2. If a question does not apply, 'NVT' should be put in the YES booth.

  • (3) If a question is answered with NO, a number in the column OPM (Notes) shall be referred to an explanatory note in an annex.

  • 4. If the question can be answered with YES at a later date, date and paraaf should be placed in the YES booth.

  • 5. Even if a question is answered directly with YES, a number in the column OPM (Remarks) may refer to any comments in an attachment.