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We imported a DG-505 Elan Orion built at the AMS Flight, d.o.o. (AMS)
factory in Slovenia in 2006. It came with a Slovenian Certificate of Airworthiness and an AMS data plate. It was built under a German Standard Airworthiness Certificate which designates AMS in Slovenia as the manufacturer. DG is the owner of the European Standard Flight Certificate. At the time of import the U.S. Standard Type Certificate designated the DG factory in Germany as the only acceptable manufacturer making no mention of AMS in Slovenia. To correct this situation the Small Aircraft Directorate at the FAA for gliders rewrote the type certificate to make AMS in Slovenia an acceptable manufacturer. This in part allowed the glider to receive a U.S. Standard Airworthiness Certificate. Also the glider did not have a German certificate of airworthiness but only a Slovenian certificate of airworthiness. AMS had not sent the aircraft to Germany to receive a German certificate of airworthiness. The FAA was initially demanding a German airworthiness certificate but again the FAA directorate modified the U.S. certificate to make any EASA (the new European Union aviation administration) member nation as an acceptable supplier of an airworthiness certificate. Because Slovenia was on the cusp of being a member of EASA in 2006 (and now is a full member) the designated airworthiness representative granted the U.S. Standard Airworthiness Certificate. Now 2 years later the FAA has told us its own actions were a mistake and is about to revoke the standard airworthiness certificate if we do not relinquish it freely. The FAA is saying that the changes to the U.S. certificate that were made by the directorate in Kansas City were in error. They are indicating that they did not realize that Elan aircraft were not built in Germany and because the FAA has no bilateral agreement (BASA) with Slovenia the certificate must be relinquished. Can the FAA do this at this late date? DG and AMS have not been willing to resolve this issue and have basically said that the only alternative is for us to ship the aircraft back to Germany and have the aircraft reissued at our own expense. Thanks for any help! N505LG |
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