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CHAPTER 5.—  CHANGES TO APPROVED TYPE DESIGN
5.1 General
5.1.1 A Type Certificate issued in accordance with Annex 8, Part II, Section 1.4 is evidence of approval of a type design of an aeronautical product in its configuration as of the date of Type Certificate issuance or approval. After issuance of an initial or original Type Certificate, there are many activities that can be performed or required by the Type Certificate holder, the State of Design, a State of Registry, aircraft operators, and other design organizations that will result in the modification of an aeronautical product. For example, the Type Certificate holder may want to develop a model derivative of the same aeronautical product, or an operator may want to replace an aircraft’s existing navigation systems with state-of-the-art technology. Incorporating a modification to an aircraft will invalidate its conformity to a Type Certificate, until such time that the modification is approved and recorded as part of an approved type design for that specific aircraft. The intent under Annex 8, among other things, is to ensure that the aircraft Type Certificate remains valid, and that an approved type design exists, throughout the service life of the aircraft.
5.1.2 A Certificate of Airworthiness, at the time of its issuance by a State of Registry in accordance with Annex 8, is conditional on the aircraft having an approved type design or Type Certificate. The Certificate of Airworthiness remains valid as long as the aircraft is airworthy, i.e. the aircraft continues to conform to its approved type design and is in a condition for safe operation. Considering that a modification is a change in the approved type design, it follows that any modification to the aircraft must be approved in order for a Certificate of Airworthiness to remain valid. Both Annex 8 (Part II, Section 4.2) and Annex 6 specify various requirements for keeping an aircraft in an airworthy condition and, among other things, ensuring the continued validity of the Certificate of Airworthiness.
5.1.3 A major modification to an aircraft should be accomplished in accordance with design data approved by, or on behalf of, or accepted by the airworthiness authority of the State of Registry, such that the modification conforms to applicable standards of airworthiness. This relationship between modifications to aircraft and the Certificate of Airworthiness is clearly explained by the following three requirements that form part of several general provisions on maintenance in Annex 6:
a)  an operator must ensure that the Certificates of Airworthiness on aircraft they operate remain valid;
b)  an operator must keep records of appropriate details of modifications incorporated on aircraft;
c)  modifications shall comply with airworthiness requirements of, or acceptable to, the State of Registry, and procedures shall be established to ensure that the substantiating data supporting compliance with the airworthiness requirements are retained.
5.1.4 Approving a modification can be processed in many ways, depending on the scope and complexity of the proposed design change and the regulatory system in place for each Contracting State. But the general process of approving the design change remains fundamentally the same with that of a type certification process (see Chapter 1, Type Certification of this Part). Annex 8, Part II, 1.3.4, puts an obligation on all Contracting States to ensure their approval of a design of a modification is based on satisfactory evidence that the aircraft continues to comply with the design aspects of the appropriate airworthiness requirements used for the type certification of that aircraft. Satisfactory evidence of approval of a modification is most commonly recorded as either an amendment or supplement to the Type Certificate.
5.1.5 The airworthiness organization of a Contracting State is responsible for the approval of modifications incorporated on civil aircraft that have been issued a Certificate of Airworthiness in accordance with Annex 8. Regardless of whether a State has an aviation manufacturing industry or not, it is incumbent upon States to implement the requirement to approve aircraft modifications by either conducting their own approval process, or through reliance and acceptance of modification approvals already granted by the State of Design, a State of Registry, or a State of Operator. The functions, structure, and technical capability of airworthiness organizations vary from State to State. (See Part II of this Manual, Airworthiness Organization Structure and Responsibilities of States)
　
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