Exactly, so the question is does it meet the special conditions for certification.
The BEA had what I thought were some very interesting comments on this in the final report (had me chasing off for references), along with what I thought was a veiled / sarcastic criticism. However, I am reading that from the English, since my French (and knowledge of French diplomacy) isn't good enough to pick up the nuances in the original.
Since then I haven't seen the issue raised anywhere (not sure even on these threads) and notably not in any of the various presentations / articles from those who want to blame-the-plane, many of which have been linked here. Since most of those are in French, I have started to think it is either an artefact of my imagination, or one of translation. Even Winnerhofer's annotated BEA report didn't seem to pick up on it.
So the next question is why did you highlight (bold) the bit of the special condition that you did and not the, er, other bit ?