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4.2.2.3 Following the successful transfer of a Type Certificate, the CAA that has jurisdiction over the new holder must:
a) issue a Type Certificate to the new holder; and
b) notify, in a timely manner, Contracting States that have the aircraft type on its registry of the new type design organization responsible for receiving information on faults, malfunctions, defects and other occurrences that are required to be reported for purposes of continuing airworthiness.
4.2.3 Absence of, or deficiency by a holder
4.2.3.1 Cases can be envisaged where the holder of a Type Certificate may cease to legally exist (e.g. due to financial constraints or corporate mergers) or decides to abandon its responsibilities over the type design by surrendering the Type Certificate (e.g. due to economic constraints to support small number of aircraft in service). Another possible case is when the holder of a Type Certificate fails to carry out its continuing airworthiness responsibilities over the affected approved type design. As a consequence of all these cases, in-service reports submitted by industry concerning faults, malfunctions, defects, and other occurrences may not receive the proper assessment for adverse effects on the continuing airworthiness of the aircraft. When this happens, the State of Design may face difficulties in fulfilling its responsibility concerning dissemination of mandatory continuing airworthiness information, and any required corrective action, to the affected States of Registry. If a State of Design is confronted with any of these cases, the CAA would need to take appropriate action, which could be a combination of any of the following:
a) to assume the responsibilities of the holder itself;
b) to seek a new holder (see paragraph 4.2.2 – Transfer of the Type Certificate to a new Holder) or an organization that is willing to fulfill the responsibilities of a holder, under a type responsibility agreement with the responsible CAA; or
c) to suspend or revoke the Type Certificate (or equivalent document) if no other mitigating factor is possible.
Note 1.— Under actions a) and b), the responsible organization may need to place limitations on the validity of the Type Certificate when service experience reveals a potentially unsafe condition, pending availability of a corrective action by an owner or operator to address the condition; or
Note 2.— The agreement referenced in b) above should provide for the assignment of the responsibilities and the privileges of the new holder and the CAA for continued airworthiness support, provisions for possible future transfers, surrenders, or cancellation, and timely notification of any information relevant to the Type Certificate to Contracting States. Such a responsible organization needs to have the basic resources and facilities necessary to review and analyse SDRs, accident and incident reports, trend data, and issue continuing airworthiness and corrective information as appropriate.
4.2.3.2 Where a legitimate holder cannot be established as responsible for the affected type design, or where the State of Design decides to suspend or revoke its Type Certificate (or equivalent document) because of the absence of a holder, the responsible CAA should, in accordance with Annex 8 Part II, Chapter 4, notify in a timely manner all affected Contracting States of such information, including a clear declaration if they are retaining or abandoning their designation as State of Design.
4.2.3.3 Regardless of the availability or not of a holder for a Type Certificate or State of Design, Annex 8 ultimately assigns to each State of Registry the responsibility for determining the continuing airworthiness of the aircraft in its registry. Annex 8, Part II, Chapter 4 requires that a State of Registry develop or adopt requirements necessary for ensuring the continuing airworthiness of the aircraft in its registry during its service life.
4.3 Structural integrity programme
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适航手册 AIRWORTHINESS MANUAL(67)
