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5.1.6 All Contracting States, regardless of their technical capability to approve modifications, are encouraged to give maximum credit and recognition to the modification approvals granted by the State of Design or another Contracting State with a demonstrated technical capability, and avoid duplicate or redundant testing where practical, and without prejudice to their own unique national requirements. Many airworthiness standards currently used by States with aviation manufacturing industries are already harmonized, and the remaining differences are either with the unique technical requirements, due to operational or environmental constraints, and/or interpretation of the same requirements. Although full harmonization of all airworthiness requirements is yet to come, the overall objective that all States should work towards is reducing the amount of work needed to accomplish the approval of an aircraft modification.
5.2 Application for approval of a modification
5.2.1 General
5.2.1.1  An applicant requesting approval of a proposed modification to an aircraft, engine or propeller can be an organization, an individual or, where allowed by a State, a representative for that organization or individual. Examples of an applicant could be the Type Certificate holder, an aeronautical product manufacturer, a specialized design engineering organization, Air Operator with engineering capability, individual engineers as consultants, or an aircraft maintenance organization or repair station. Regardless, the applicant is the organization or individual that has responsibility for the proposed modification and in whose name the approval will be granted. In cases of complex design changes involving multi-national agreements, joint ventures, partnerships or similar collaboration, the applicant remains overall responsible for integrating all design data from its various sources, and submitting it to the airworthiness organization of the Contracting State as a complete and detailed proposal for the modification of an aircraft, engine or propeller.
5.2.1.2 The Contracting State that has first taken responsibility for approval of a modification is designated as the State of Design for the modification, and by definition must have jurisdiction over the individual or organization responsible for the modification. A clearly identified State of Design is necessary to allow for the implementation of the responsibilities on continuing airworthiness of aircraft under Annex 8, Part II, Chapter 4.
5.2.2   Applicant
5.2.2.1  A person or organization (holder) to whom a Type Certificate was issued for an aircraft, engine or propeller can apply for an amendment of their Type Certificate. The holder is responsible for the type design of the complete aeronautical product, and is entitled under the privileges of their Type Certificate to introduce modifications to their type design, while still maintaining full responsibility for the complete product. It is also the privilege of a holder to request approval of their modification through a supplemental approval (described in 5.2.2.2 below) instead of an amendment of their Type Certificate. The decision to purse an amendment or supplemental approval is usually made by the holder.
5.2.2.2  A person or organization (non-holder) who does not hold the Type Certificate for the product can only apply for approval of their modification as a supplement to a Type Certificate, commonly referred to as an approval under a Supplemental Type Certificate (STC). An STC is an approval of only those aspects or areas of the aircraft, engine, or propeller that were modified. This is the primary reason why a non-holder of a Type Certificate is not eligible to apply for an amendment of a Type Certificate.
5.2.2.3 An applicant may be located within the geographical jurisdiction of a State of Registry (considered a local applicant) or located in another State (considered a foreign applicant). Annex 8 makes no distinction between local and foreign applicants, as both are required to demonstrate compliance of a modification to the appropriate airworthiness requirements of a State. A major consideration by a State of Registry in accepting a foreign applicant should be the existence of the State of Design for the proposed modification. Annex 8 recognizes that the State of Design has formal jurisdiction over the individual or organization responsible for the design change. Further, Annex 8, Part II, Chapter 4 specifically defines the relationship that should exist between the State of Design and a State of Registry to ensure the continuing airworthiness of aircraft. Therefore, a State of Registry should not commit to becoming the State of Design if a foreign individual or organization responsible for the design change falls outside their jurisdiction. The enforceability of national regulations or requirements for continuing airworthiness on foreign individuals or organizations should be assessed carefully. For this reason, some Contracting States require that the foreign applicant first secure their State’s approval of their modification and apply for foreign approval through their CAA. Some States, in addition to the prior approval, also require bilateral arrangements to formalize roles and responsibilities between the State of Design and a State of Registry concerning the approval process and continuing airworthiness.
　
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