Common use of Certification Basis Clause in Contracts

Certification Basis. For the purpose of issuing a type certificate, the Validating Authority shall refer to the airworthiness standards for a similar product of its own that were in effect on the effective certification application date established by the Certificating Authority, complemented when applicable by additional technical conditions, as defined in the Technical Implementation Procedures. The environmental protection requirements used during the validation process of a type certificate shall be the applicable requirements in effect in the Party of the Validating Authority on the date of application for validation to the Validating Authority. The Validating Authority shall specify, when applicable, any: exemption to the applicable standards; deviation from the applicable standards; compensating factors that provide an equivalent level of safety when applicable standards are not complied with. The Validating Authority shall specify any special condition applied or intended to be applied if the related airworthiness code does not contain adequate or appropriate safety standards for the product, because: the product has novel or unusual design features relative to the design practices on which the applicable airworthiness code is based; or the intended use of the product is unconventional; or experience from other similar products in service or products having similar design features, has shown that unsafe conditions may develop. When specifying exemptions, deviations, compensating factors or special conditions, the Validating Authority shall give due consideration to those of the Certificating Authority and shall not be more demanding for the products to be validated than it would be for similar products of its own. The Validating Authority shall notify the Certificating Authority of any such exemptions, deviations or special conditions.