20.7.2022   

EN

Official Journal of the European Union

L 191/47

COMMISSION IMPLEMENTING REGULATION (EU) 2022/1254

of 19 July 2022

amending Regulation (EU) 2015/640 as regards the introduction of new additional airworthiness requirements

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Article 17(1), point (h), thereof,

Whereas:

(1)

Pursuant to Article 76(3) of Regulation (EU) 2018/1139, the European Union Aviation Safety Agency (the ‘Agency’) issues certification specifications (CSs) and regularly updates them in order to ensure that CSs remain fit for purpose. However, an aircraft the design of which has already been certified is not required to comply with the updated version of the applicable CSs when it is produced or while in service. In order to support continuing airworthiness and safety improvements, compliance of such aircraft with additional airworthiness requirements that were not included in the initial CSs at the time of certification of the design should be introduced. Commission Regulation (EU) 2015/640 (2) sets out such additional airworthiness requirements.

(2)

With effect from 26 August 2023, Commission Implementing Regulation (EU) 2020/1159 (3) inserted in Annex I (Part-26) to Regulation (EU) 2015/640 a new point 26.157. In accordance with that provision, all in-service large aeroplanes certified by the Agency and used in commercial air transport on or after 26 August 2023 are to comply with additional airworthiness requirements for the conversion of Class D cargo or baggage compartments. However, further analysis has shown that for certain type of operations, including primarily business operations, certain large, low-occupancy aeroplanes present lower risk of an in-flight fire starting in their Class D cargo or baggage compartment and developing into an uncontrollable fire. In order to avoid imposing non-proportionate and non-cost-efficient burdens on their operators, the operators of those aeroplane types should therefore be exempted from the obligation to comply with point 26.157.

(3)

With effect from 22 June 2021, the Agency amended the Certification Specifications for Large Aeroplanes (CS-25) to introduce a new specification that requires the establishment of means to minimise the risk of a tyre being below its minimum serviceable inflation pressure during operation. However, that new specification applies only to large aeroplanes for which application for the approval of the design was made after 22 June 2021. Considering that certain large aeroplanes might not comply with that new specification, additional airworthiness requirements should be introduced. Having due regard to the nature and risk of operations with large aeroplanes while maintaining a high uniform level of civil aviation safety in the Union, it is proportionate and cost-efficient to introduce those additional airworthiness requirements for all large aeroplanes in-service that were produced on the basis of a design already certified by the Agency.

(4)

The Agency has amended the Certification Specifications for Small Rotorcraft (CS-27) and Large Rotorcraft (CS-29) respectively to introduce new specifications for rotorcraft intended for use in offshore operations. In accordance with the new specifications, the rotorcraft are required to be certified for ditching or are required to have emergency flotation systems installed on them. Having due regard to the nature and risk of helicopter offshore operations and the need to maintain a high uniform level of civil aviation safety in the Union, it is proportionate and cost-efficient to render some of those specifications applicable to existing helicopters operated in the Union and to those that will be produced after the entry into force of this Regulation on the basis of a design which has already been certified by the Agency.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 127 of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) 2015/640 is amended as follows:

(1)

in Article 2 of Regulation (EU) 2015/640, the following points (ca), (cb) and (cc) are inserted:

‘(ca)

“small helicopter” means a helicopter that has the Certification Specifications for Small Rotorcraft (CS-27) or equivalent in its certification basis;

(cb)

“small category A helicopter” means a small helicopter that has all the characteristics of category A as defined in point (17) of Annex I to Regulation (EU) No 965/2012 and has in its certification basis the additional specifications set out in the Certification Specifications for Large Rotorcraft (CS-29) that are applicable by virtue of the reference in Appendix C to CS-27, or equivalent;

(cc)

“Substantiated sea conditions” means those sea conditions which were selected by the applicant for a type certificate or supplemental type certificate against which the resistance of the rotorcraft to capsize has been demonstrated and subsequently certified for ditching or emergency flotation provisions.’;

(2)

Annex I (Part-26) is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 9 September 2022, except for:

(a)

points 2 and 6 of the Annex, which shall apply from 26 August 2023;

(b)

point 4 and point 5 of the Annex as regards the addition of points 26.410, 26.415, points 26.420(a) and (b), and point 26.425 of Annex I (Part-26) to Regulation (EU) 2015/640, which shall apply from 9 August 2023;

(c)

point 5 of the Annex as regards the addition of point 26.420(c) and point 26.435(a) of Annex I (Part-26) to Regulation (EU) 2015/640, which shall apply from 9 August 2024;

(d)

point 5 of the Annex as regards the addition of point 26.435(b) of Annex I (Part-26) to Regulation (EU) 2015/640, which shall apply from 9 August 2026.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 July 2022.

For the Commission

The President

Ursula VON DER LEYEN

(1)  OJ L 212, 22.8.2018, p. 1.

(2)  Commission Regulation (EU) 2015/640 of 23 April 2015 on additional airworthiness specifications for a given type of operations and amending Regulation (EU) No 965/2012 (OJ L 106, 24.4.2015, p. 18).

(3)  Commission Implementing Regulation (EU) 2020/1159 of 5 August 2020 amending Regulations (EU) No 1321/2014 and (EU) No 2015/640 as regards the introduction of new additional airworthiness requirements (OJ L 257, 6.8.2020, p. 14).

ANNEX

Annex I to Regulation (EU) 2015/640 (Part-26) is amended as follows:

(1)

the table of contents is replaced by the following:

‘CONTENTS

SUBPART A – GENERAL PROVISIONS

26.10

 Competent authority

26.20

 Temporary inoperative equipment

26.30

 Demonstration of compliance

SUBPART B – LARGE AEROPLANES

26.50

 Seats, berths, safety belts, and harnesses

26.60

 Emergency landing – dynamic conditions

26.100

 Location of emergency exits

26.105

 Emergency exit access

26.110

 Emergency exit markings

26.120

 Interior emergency lighting and emergency light operation

26.150

 Compartment interiors

26.155

 Flammability of cargo compartment liners

26.156

 Thermal or acoustic insulation materials

26.157

 Conversion of Class D compartments

26.160

 Lavatory fire protection

26.170

 Fire extinguishers

26.200

 Landing gear aural warning

26.201

 Tyre inflation pressure

26.205

 Runway overrun awareness and alerting systems

26.250

 Flight crew compartment door operating systems – single incapacitation

26.300

 Continuing structural integrity programme for ageing aeroplanes structures – general requirements

26.301

 Compliance Plan for (R)TC holders

26.302

 Fatigue and damage tolerance evaluation

26.303

 Limit of Validity

26.304

 Corrosion prevention and control programme

26.305

 Validity of the continuing structural integrity programme

26.306

 Fatigue critical baseline structure

26.307

 Damage tolerance data for existing changes to fatigue critical structure

26.308

 Damage tolerance data for existing repairs to fatigue critical structure

26.309

 Repair evaluation guidelines

26.330

 Damage tolerance data for existing supplemental type-certificates (STCs), other existing major changes and existing repairs affecting those changes or STCs

26.331

 Compliance Plan for STC holders

26.332

 Identification of changes affecting fatigue critical structure

26.333

 Damage tolerance data for STCs and repairs to those STCs approved on or after 1 September 2003

26.334

 Damage tolerance data for STCs and other changes and repairs to those changes approved before 1 September 2003

26.370

 Continuing airworthiness tasks and aircraft maintenance programme

SUBPART C – HELICOPTERS

26.400

 Fire extinguishers

26.410

 Emergency controls operated underwater

26.415

 Underwater emergency exits

26.420

 Emergency equipment for flight over water

26.425

 Provision of substantiated sea conditions

26.430

 Resistance of an emergency flotation system to damage

26.431

 Determination of the robustness of emergency flotation system designs

26.435

 Automatic deployment of an emergency flotation system

Appendix 1 – List of aeroplane models not subject to certain provisions of Annex I (Part-26)’;

(2)

point 26.157 is replaced by the following:

‘26.157   Conversion of Class D compartments

Operators of large aeroplanes used in commercial air transport, type certified on or after 1 January 1958, except for operators of an aeroplane model listed in Table A.1 of Appendix 1 to this Annex, shall ensure that:

(a)

for aeroplanes, the operation of which involves the transport of passengers, each Class D cargo or baggage compartment, regardless of its volume, complies with the certification specifications applicable to a Class C compartment;

(b)

for aeroplanes, the operation of which involves the transport of cargo only, each Class D cargo compartment, regardless of its volume, complies with the certification specifications applicable to either a Class C or a Class E compartment.’;

(3)

the following point 26.201 is inserted:

‘26.201   Tyre inflation pressure

Operators of large aeroplanes shall minimise the risk of a tyre being below its minimum serviceable inflation pressure during operation.’;

(4)

the title of Subpart C is replaced by the following:

‘SUBPART C – HELICOPTERS’;

(5)

the following points 26.410, 26.415, 26.420, 26.425, 26.430, 26.431 and 26.435 are added:

‘26.410   Emergency controls operated underwater

Operators of small helicopters and large helicopters that are required, in accordance with point CAT.IDE.H.320(a) of Annex IV to Regulation (EU) No 965/2012, to be designed for landing on water or certified for ditching, shall ensure that all the emergency controls that need to be operated underwater are marked with the method of operation as well as with yellow and black stripes.

26.415   Underwater emergency exits

(a)

Operators of small helicopters and large helicopters that are required, in accordance with point CAT.IDE.H.320(a) of Annex IV to Regulation (EU) No 965/2012, to be designed for landing on water or certified for ditching, shall ensure that:

(1)

it is possible for occupants to easily identify the means to operate all the underwater emergency exits to facilitate egress in the case of ditching or capsize;

(2)

an underwater emergency exit is available on each side of the helicopter for each unit, (or part of a unit, of four passenger seats unless the emergency underwater exit is large enough to permit the simultaneous egress of two passengers;

(3)

passenger seats are located in relation to the underwater emergency exits referred to in point (2) in such a way as to facilitate the escape of passengers in the event of the helicopter capsizing and the cabin becoming flooded.

(b)

Operators of small category A helicopters and large helicopters that are required, in accordance with point CAT.IDE.H.320(a) of Annex IV to Regulation (EU) No 965/2012, to be designed for landing on water or certified for ditching, shall ensure that:

(1)

all emergency exits, including flight crew emergency exits, and any door, window or other opening suitable to be used for the purpose of underwater escape, remain operable in an emergency;

(2)

an automatic means is provided to easily identify the periphery of the apertures of all underwater emergency exits in all lighting conditions; such markings must be designed to remain visible in case the helicopter is capsized or the cabin is submerged.

26.420   Emergency equipment for flight over water

(a)

Operators of small helicopters and large helicopters that are required to comply with the requirements of point CAT.IDE.H.300 of Annex IV, point NCC.IDE.H.227 of Annex VI or point SPO.IDE.H.199 of Annex VIII to Regulation (EU) No 965/2012, shall ensure that each inflated life raft has a means to hold it near the helicopter, and an additional means to keep the inflated life raft attached to the helicopter further away at a distance that would not pose a danger to the life raft itself nor to the persons on board. In the event that the helicopter totally submerges, both of those life raft retention means shall break before the helicopter submerges, even when the life raft is empty.

(b)

Operators of small helicopters and large helicopters that are required, in accordance with point CAT.IDE.H.320(a) of Annex IV to Regulation (EU) No 965/2012, to be designed for landing on water or certified for ditching, shall ensure that stowage provisions are provided that accommodate one life preserver for each helicopter occupant within easy reach of each occupant while seated, unless occupants are always required to wear them whilst on board the helicopter.

(c)

Operators of large helicopters that are required by point SPA.HOFO.165(d) of Annex V to Regulation (EU) No 965/2012 to have one or more life rafts installed, shall ensure that the life raft(s):

(1)

is (are) remotely deployable, with the means to deploy the life raft(s), located within easy reach of the flight crew, the occupants of the passenger cabin and any survivors in the water, with the helicopter in an upright floating or capsized position;

(2)

can be reliably deployed with the helicopter in any reasonably foreseeable floating attitude, including capsize, and in the substantiated sea conditions for capsize resistance.

26.425   Provision of substantiated sea conditions

(a)

A holder of a type certificate for a small helicopter or a large helicopter shall ensure that the substantiated sea conditions for capsize resistance and any associated information relating to the ditching certification or emergency flotation provisions are included in the rotorcraft flight manual (RFM) and provided to all operators.

(b)

A holder of a supplemental type certificate for an emergency flotation system that is installed on a small helicopter or a large helicopter shall ensure that the substantiated sea conditions for capsize resistance and any associated information relating to the ditching certification or emergency flotation provisions are included in the RFM and provided to all operators.

26.430   Resistance of an emergency flotation system to damage

(a)

Operators of small helicopters or large helicopters that have their first individual certificate of airworthiness issued on or after 9 August 2025 and that are required, in accordance with point CAT.IDE.H.320(a) of Annex IV to Regulation (EU) No 965/2012, to be designed for landing on water or certified for ditching, shall ensure that if the helicopter includes a stowed emergency flotation system, the effects on the successful deployment and retention of the emergency flotation system as a result of possible damage from a water impact are minimised as far as practicable in the design.

(b)

Operators of small helicopters or large helicopters with stowed emergency flotation systems that are installed for the first time on or after 9 August 2025 that are required, in accordance with CAT.IDE.H.320(a) of Annex IV to Regulation (EU) No 965/2012, to be certified for ditching, shall ensure that the effects on the successful deployment and retention of the emergency flotation systems as a result of possible damage from a water impact are minimised as far as practicable in the design.

26.431   Determination of the robustness of emergency flotation system designs

(a)

An operator of a small helicopter or a large helicopter that is required, in accordance with point CAT.IDE.H.320(a) of Annex IV to Regulation (EU) No 965/2012, to be designed for landing on water or certified for ditching, may request the person referred to in point (b) to provide the services referred to in point (c), where both the following conditions are met:

(1)

the operator is required to demonstrate compliance with point 26.430 of this Annex;

(2)

the robustness of the emergency flotation system in the event of water impact has not been demonstrated as part of the type certificate or supplemental type certificate of that helicopter.

(b)

The person who shall provide the services referred to in point (c) are:

(1)

the type certificate holder, if the emergency flotation system is included within the type design;

(2)

the supplemental type certificate holder, if the emergency flotation system is certified through a supplemental type certificate.

(c)

The person referred to in point (b) shall:

(1)

determine that the effects on the successful deployment and retention of the emergency flotation system as a result of possible damage from a water impact are minimised, as far as practicable;

(2)

determine that the effects referred to in point (c)(1) are taken into consideration in the design of the emergency flotation system;

(3)

provide an assessment to the operator.

26.435   Automatic deployment of an emergency flotation system

(a)

Operators of small helicopters that are required, in accordance with point CAT.IDE.H.320(a) of Annex IV to Regulation (EU) No 965/2012, to be designed for landing on water or certified for ditching, shall ensure that if an emergency flotation system is installed and is stowed during flight, then it shall automatically deploy as a result of entry into water.

(b)

Operators of small category A helicopters and large helicopters that are required, in accordance with point CAT.IDE.H.320(a) of Annex IV to Regulation (EU) No 965/2012, to be designed for landing on water or certified for ditching, shall ensure that if an emergency flotation system is installed and is stowed during flight, then it shall automatically deploy as a result of entry into water and shall not rely on any pilot action during flight.’;

(6)

Appendix 1 is replaced by the following:

‘Appendix 1

List of aeroplane models not subject to certain provisions of Annex I (Part-26)

Table A.1

TC Holder

Type

Models

Manufacturer serial number

Provisions of Annex I (Part-26) that do NOT apply

The Boeing Company

707

All

 

26.301 to 26.334

The Boeing Company

720

All

 

26.301 to 26.334

The Boeing Company

DC-10

DC-10-10

DC-10-30

DC-10-30F

All

26.301 to 26.334

The Boeing Company

DC-8

All

 

26.301 to 26.334

The Boeing Company

DC-9

DC-9-11,

DC-9-12,

DC-9-13,

DC-9-14,

DC-9-15,

DC-9-15F,

DC-9-21,

DC-9-31,

DC-9-32,

DC-9-32 (VC-9C),

DC-9-32F,

DC-9-32F (C-9A, C-9B),

DC-9-33F,

DC-9-34,

DC-9-34F,

DC-9-41,

DC-9-51

All

26.301 to 26.334

The Boeing Company

MD-90

MD-90-30

All

26.301 to 26.334

FOKKER SERVICES B.V.

F27

Mark 100, 200, 300, 400, 500, 600, 700

All

26.301 to 26.334

FOKKER SERVICES B.V.

F28

Mark 1000, 1000C, 2000, 3000, 3000C, 3000R, 3000RC, 4000

All

26.301 to 26.334

GULFSTREAM AEROSPACE CORP.

G-159

G-159 (Gulfstream I)

All

26.301 to 26.334

GULFSTREAM AEROSPACE CORP.

G-II_III_IV_V

G-1159A (GIII)

G-1159B (GIIB)

G-1159 (GII)

All

26.301 to 26.334

KELOWNA FLIGHTCRAFT LTD.

CONVAIR 340/440

440

All

26.301 to 26.334

LEARJET INC.

Learjet 24/25/31/36/35/55/60

24, 24A, 24B, 24B-A, 24D,24D-A, 24F, 24F-A, 25, 25B, 25C, 25D, 25F

All

26.301 to 26.334

LOCKHEED MARTIN CORPORATION

1329

All

 

26.301 to 26.334

LOCKHEED MARTIN CORPORATION

188

All

 

26.301 to 26.334

LOCKHEED MARTIN CORPORATION

382

382, 382B, 382E, 382F, 382G

All

26.301 to 26.334

LOCKHEED MARTIN CORPORATION

L-1011

All

 

26.301 to 26.334

PT. DIRGANTARA INDONESIA

CN-235

All

 

26.301 to 26.334

SABRELINER CORPORATION

NA-265

NA-265-65

All

26.301 to 26.334

VIKING AIR LIMITED

SD3

SD3-30

Sherpa

SD3 Sherpa

All

26.301 to 26.334

VIKING AIR LIMITED

DHC-7

All

 

26.301 to 26.334

VIKING AIR LIMITED

CL-215

CL-215-6B11

All

26.301 to 26.334

TUPOLEV PUBLIC STOCK COMPANY

TU-204

204-120CE

All

26.301 to 26.334

AIRBUS

A320 series

A320-251N, A320-271N

10033, 10242, 10281 and 10360

26.60

AIRBUS

A321 series

A321-271NX

10257, 10371 and 10391

26.60

AIRBUS

A330 series

A330-243, A330-941

1844, 1861, 1956, 1978, 1982, 1984, 1987, 1989, 1998, 2007, 2008 and 2011

26.60

ATR-GIE Avions de Transport Régional

ATR 72 series

ATR72-212A

1565, 1598, 1620, 1629, 1632, 1637, 1640, 1642, 1649, 1657, 1660, 1661

26.60

The Boeing Company

737 series

737-8 and 737-9

43299, 43304, 43305, 43310, 43321, 43322, 43332, 43334, 43344, 43348, 43391, 43579, 43797, 43798, 43799, 43917,

43918, 43919, 43921, 43925, 43927, 43928, 43957, 43973,

43974, 43975, 43976, 44867, 44868, 44873, 60009, 60010, 60040, 60042, 60056, 60057,

60058, 60059, 60060, 60061, 60063, 60064, 60065, 60066, 60068, 60194, 60195, 60389, 60434, 60444, 60455, 61857, 61859, 61862, 61864, 62451, 62452, 62453, 62454, 62533, 63358, 63359, 63360, 64610, 64611, 64612, 62613, 64614, 65899, 66147, 66148, 66150

26.60

GULFSTREAM AEROSPACE LP.

Gulfstream G100 series

1125 Astra

1125 Astra SP

G100/Astra SPX

All

26.157

GULFSTREAM AEROSPACE LP.

Gulfstream G100 series

Gulfstream G150

All

26.157

GULFSTREAM AEROSPACE LP.

GALAXY G200 series

Gulfstream 200/Galaxy

All

26.157

TEXTRON AVIATION INC.

650 series

650

All

26.157

TEXTRON AVIATION INC.

Cessna 500/550/S550/560/560XL series

500

550

560

560XL

S550

All

26.157

TEXTRON AVIATION INC.

Hawker Series

BAe.125 Series

Hawker 750

Hawker 800XP

All

26.157

TEXTRON AVIATION INC.

CESSNA 750 (Citation X) series

750

All

26.157
’