4.4.2007 Official Journal of the European Union L 94/3 COMMISSION REGULATION (EC) No 375/2007 of 30 March 2007 amending Regulation (EC) No 1702/2003 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 15 July 2002 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (!), and in particular Articles 5 and 6 thereof, a limited period of time to allow the continued operation of these aircrafts and to enable the Agency to review their design. Time did not permit the adoption of specific airworthiness specifications by the Agency before 28 March 2007. It is however possible to determine an approved design by reference to that of the State of design as this was done for most aircrafts for which a type certificate had been issued by Member States before 28 September 2003. Whereas: (5)  Such a determination should only be made for those aircrafts to which Member States had issued certificates of airworthiness, excluding restricted certificates of (1) Aircrafts subject to the provisions of Regulation (EC) No airworthiness and permits to fly, in order to ensure 1592/2002 must all be issued an airworthiness certificate or permit to fly in accordance with Commission Regu- lation (EC) No 1702/2003 of 24 September 2003 laying down implementing rules for the airworthiness and environmental certification of aircrafts and related products, parts and appliances, as well as for the certifi- cation of design and production organisations (2) before 28 March 2007. In the absence of such a certificate or permit to fly they are not entitled to be used after that date by Community operators in the territory of Member States. that such aircrafts meet at least the safety requirements as specified by the Convention on International Civil Aviation in its Annex 8. In order to minimise safety risks and limit distortions of competition the envisaged measure should apply only with respect to aircrafts to which a Member State had issued a certificate of airworthiness, and which was on the register of that Member State, by the date when Regulation (EC) No 1702/2003 became applicable in that Member State (}). The owners of such aircrafts (2)  According to article 2(3)(c) of Commission Regulation were not aware, at the time of registration, of the risk (EC) No 1702/2003, the European Aviation Safety that it would not be allowed to continue operations after Agency (hereinafter the Agency) is required to 28 March 2007. In contrast, the owners of aircrafts determine before 28 March 2007 the approved design registered in a Member State after the date on which necessary to issue the airworthiness certificates or permits Regulation (EC) No 1703/2003 became applicable in to fly of aircrafts registered in Member States, which do that Member State were aware, at the time of registration, not meet the requirements of its Article 2(3)(). Such that such aircrafts would not be allowed to continue determination could not be done by the Agency within operating after 28 March 2007, unless the Agency was that time period for many aeronautical products because able to approve their design by that date. it had not received the necessary applications by their designers. (7) It is considered necessary to ensure that aircrafts eligible (3  While airworthiness certificates should only be issued for the envisaged measure should exclusively be aircrafts when the Agency has been able, following a technical evaluation of the product, to approve their design restricted certificates of airworthiness can be issued for () O] L 240, 7.9.2002, p. 1. Regulation as last amended by for which the representative authority of the State of design accepts through a working arrangement in accordance with Article 18 of Regulation (EC) No 1592/2002 to assist the Agency in ensuring the continued oversight of the so determined approved Commission Regulation (EC) No 1701/2003 design. 27.9.2003, p. 5). () OJ L 243, 27.9.2003, p. 6. Regulation as amended by Regulation (EC) No 706/2006 (O] L 122, 9.5.2006, p. 16). O] L 243, () EUR 15: 28 September 2003; EUR 10: 1 May 2004; EUR 2: 1 January 2007.