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
Article 1
Subject matter and scope
This Regulation lays down common additional airworthiness specifications related to the continuing airworthiness and safety improvements of aircraft.
This Regulation applies to:
- (a) operators of:
- (i) aircraft registered in a Member State, unless and to the extent that the Member State has transferred its responsibilities pursuant to the Chicago Convention to a third country and the aircraft is operated by a third-country aircraft operator;
- (ii) aircraft registered in a third country and operated by an aircraft operator established, residing or with a principal place of business in the territory to which the Treaties apply;
- (b) holders of a type certificate, restricted type certificate, supplemental type certificate, design change approval, or repair design approval issued by the Agency in accordance with Commission Regulation (EU) No 748/2012 ([^E0001]) or deemed to have been issued in accordance with Article 3 of that Regulation;
- (c) the applicants for a type certificate or a restricted type certificate for a large aeroplane, for which the application was submitted before 1 January 2019 and who are issued with the certificate after 26 August 2020 when specified in Annex I (Part-26).
Article 2
Definitions
For the purposes of this Regulation,
- (a) ‘maximum operational passenger seating configuration’ shall mean the maximum passenger seating capacity of an individual aircraft, excluding crew seats, established for operational purposes and specified in the operations manual;
- (b) ‘large aeroplane’ means an aeroplane that has the Certification Specifications for Large Aeroplanes ‘CS-25’ or equivalent in its certification basis;
- (ba) ‘small aeroplane’ means an aeroplane that has the Certification Specifications for Normal-Category Aeroplanes ‘CS-23’ or equivalent in its certification basis;
- (c) ‘large helicopter’ means a helicopter that has the Certification Specifications for Large Rotorcraft ‘CS-29’ or equivalent in its certification basis;
- (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;
- (d) ‘low-occupancy aeroplane’ means an aeroplane that has a maximum operational passenger seating configuration of:
- (1) up to and including 19 seats, or;
- (2) up to and including one third of the maximum passenger seating capacity of the type-certified aeroplane, as indicated in the aeroplane type-certificate data sheet (TCDS), provided that both of the following conditions are met:
- (a) the total number of passenger seats approved for occupancy during taxiing, take-off or landing does not exceed 100 per deck;
- (b) the maximum operational passenger seating configuration during taxiing, take-off or landing in any individual zone between pairs of emergency exits (or any dead-end zone) does not exceed one third of the sum of the passenger seat allowances for the emergency exit pairs bounding that zone (using the passenger seat allowance for each emergency exit pairs as defined by the applicable certification basis of the aeroplane). For the purpose of determining compliance with this zonal limitation, in the case of an aeroplane that has deactivated emergency exits, it shall be assumed that all emergency exits are functional;
- (e) ‘limit of validity’ (LOV) means, in the context of the engineering data that supports the structural maintenance programme, a period of time, stated as a number of total accumulated flight cycles or flight hours or both, during which it is demonstrated that widespread fatigue damage will not occur in the aeroplane;
- (f) ‘airworthiness limitation section’ (ALS) means a section in the instructions for continued airworthiness, as required by points 21.A.61, 21.A.107 and 21.A.120A of Annex I (Part 21) to Regulation (EU) No 748/2012, that contains airworthiness limitations that set out each mandatory replacement time, inspection interval and related inspection procedure;
- (g) ‘corrosion prevention and control programme’ (‘CPCP’) means a document reflecting a systematic approach to prevent and to control corrosion in an aeroplane’s primary structure, consisting of basic corrosion tasks, including inspections, areas subject to those tasks, defined corrosion levels and compliance times (implementation thresholds and repeat intervals);
- (h) ‘widespread fatigue damage’ (WFD) means a simultaneous presence of cracks at multiple locations in the structure of an aeroplane that are of such size and number that the structure will no longer meet the fail-safe strength or residual strength used for certification of that structure;
- (i) ‘baseline structure’ means the structure that is designed under the type certificate or restricted type certificate for that aeroplane model (that is, the ‘as delivered aeroplane model configuration’);
- (j) ‘fatigue-critical baseline structure’ (‘FCBS’) means the baseline structure of an aeroplane that is classified by the type-certificate or restricted type-certificate holder as a fatigue-critical structure;
- (k) ‘fatigue-critical modified structure’ (FCMS) means any fatigue critical structure of an aeroplane introduced or affected by a change to its type design and that is not already listed as part of the fatigue-critical baseline structure;
- (l) ‘damage tolerance evaluation’ (DTE) is a process that leads to a determination of maintenance actions necessary to detect or preclude fatigue cracking that could contribute to a catastrophic failure. When applied to repairs and changes, a DTE includes the evaluation of the repair or change and the fatigue critical structure affected by the repair or change;
- (m) ‘damage tolerance inspection’ (DTI) means a documented inspection requirement or any other maintenance action developed by holders of a type certificate, restricted type certificate, supplemental type certificate or existing major change approval as specified in Annex I (Part-26) as a result of a damage tolerance evaluation, including the areas to be inspected, the inspection method, the inspection procedures (including the sequential inspection steps and acceptance and rejection criteria), the inspection threshold and any repetitive intervals associated with those inspections and also, where appropriate, specification of maintenance actions such as replacement, repair or change;
- (n) ‘repair evaluation guideline’ (‘REG’) means a process and implementation schedule for conducting surveys established by the type-certificate or restricted type-certificate holder for repairs that affect fatigue-critical structures to ensure the continued structural integrity of all relevant repairs, as specified in point 26.309 of Annex I (Part-26);
- (o) ‘fatigue-critical structure’ (FCS) means a structure of an aeroplane that is susceptible to fatigue cracking that could lead to a catastrophic failure of the aeroplane.
Article 4
Amendment to Regulation (EU) No 965/2012
Annex III to Regulation (EU) No 965/2012 is amended in accordance with Annex II to this Regulation, in order to contain a reference to this Regulation.
Article 5
Transitional provisions
Aircraft for which operators demonstrated to their competent authority compliance with JAR-26 ‘Additional Airworthiness Requirements for Operations’ (hereinafter ‘JAR-26 requirements’), issued by the Joint Aviation Authorities on 13 July 1998, as amended by the Amendment 3 of 1 December 2005, before the dates of application referred to in Article 6 shall be deemed to comply with the equivalent specifications set out in Annex I to this Regulation.
Aircraft for which compliance with the JAR-26 requirements equivalent to the specifications set out in points 26.50, 26.105, 26.110, 26.120, 26.150, 26.155, 26.160, 26.200, 26.250 of Annex I to this Regulation has been demonstrated in accordance with the first subparagraph shall subsequently not be modified in a way that would affect its compliance with the JAR-26 requirements concerned.
Article 6
Entry into force and application
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
It shall apply from 14 May 2015.
However, points 26.50, 26.105, 26.110, 26.120, 26.150, 26.155, 26.160, 26.200 and 26.250 of Annex I shall apply from 14 May 2017.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
PART-26
ADDITIONAL AIRWORTHINESS SPECIFICATIONS FOR OPERATIONS
| CONTENTS | CONTENTS |
| SUBPART A – | GENERAL PROVISIONS |
| 26.10 | Competent authority |
| 26.20 | Temporary inoperative equipment |
| 26.30 | Demonstration of compliance |
| SUBPART B – | 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 |
| 26.175 | Cargo compartment fire protection |
| 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 structures |
| 26.307 | Damage tolerance data for existing changes to fatigue-critical structures |
| 26.308 | Damage tolerance data for existing repairs to fatigue-critical structures |
| 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 STCs or changes |
| 26.331 | Compliance plan for STC holders |
| 26.332 | Identification of changes affecting fatigue-critical structures |
| 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 existing major changes and repairs affecting those STCs or changes approved before 1 September 2003 |
| 26.370 | Maintenance programme |
| SUBPART C – | HELICOPTERS |
| 26.400 | Fire extinguishers |
| 26.405 | Cargo compartment fire protection |
| 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 |
| 26.440 | Fuel system crash resistance |
| Appendix 1 – | List of aeroplane models not subject to certain provisions of Annex I (Part-26) |
SUBPART A
GENERAL PROVISIONS
26.10 Competent authority
- (a) For the purposes of this Annex, the competent authority to which an aircraft operator needs to demonstrate compliance of its aircraft, the design of which has already been certified, with the requirements of this Annex shall be the competent authority responsible for the oversight of that operator or the Agency if the responsibility for the oversight of the operator has been allocated to the Agency in accordance with Article 64 or 65 of Regulation (EU) 2018/1139.
- (b) For the purposes of this Annex, the competent authority to which a holder of a type certificate (TC), restricted TC, supplemental type certificate (STC), design change approval or repair design approval needs to demonstrate compliance with the requirements of this Annex shall be the Agency.
26.20 Temporary inoperative equipment
A flight shall not be commenced when any of the aircraft's instruments, items of equipment, or functions required by this Part are inoperative or missing unless waived by the operator's Minimum Equipment List as defined in Part-ORO.MLR.105 and approved by the competent authority.
26.30 Demonstration of compliance
- (a) The Agency shall issue, in accordance with Article 76(3) of Regulation (EU) 2018/1139, certification specifications as standard means to demonstrate compliance with this Annex. The certification specifications shall be sufficiently detailed and specific to indicate the conditions under which compliance with the requirements of this Annex may be demonstrated.
- (b) Aircraft operators and holders of a TC, restricted TC, STC, design change approval, or repair design approval may demonstrate compliance with the requirements of this Annex by complying with either of the following:
- (i) the specifications issued by the Agency under point (a) or the equivalent certification specifications issued by the Agency under point 21.B.70 of Annex I (Part 21) to Regulation (EU) No 748/2012;
- (ii) technical standards offering an equivalent level of safety to that of the standards included in those certification specifications.
- (c) Holders of a TC, restricted TC, STC, design change approval, or repair design approval shall make available any change to the instructions for continued airworthiness (‘ICA’) developed for the purpose of ensuring compliance with this Annex to all known operators of the affected aircraft and, on request, to any other person required to comply with such instructions, including continuing airworthiness management organisations. For the purposes of this Regulation, the ICA also include damage tolerance inspections (‘DTIs’), repair evaluation guidelines (‘REGs’), a baseline corrosion prevention and control programme (‘CPCP’) and a list of fatigue-critical structures (‘FCSs’) and airworthiness limitation sections (‘ALSs’).
SUBPART B – AEROPLANES
26.50 Seats, berths, safety belts, and harnesses
Operators of large aeroplanes used in commercial air transport, type certified on or after 1 January 1958, shall ensure that each flight or cabin crew member seat and its restraint system are configured in order to provide an optimum level of protection in an emergency landing whilst allowing the occupant's necessary functions and facilitating rapid egress.
26.60 Emergency landing – dynamic conditions
Operators of large aeroplanes used in commercial air transport of passengers, type-certified on or after 1 January 1958, and for which the individual certificate of airworthiness is first issued on or after 26 February 2021 shall demonstrate for each seat type design approved for occupancy during taxiing, take-off or landing that the occupant is protected when exposed to loads resulting from emergency landing conditions. The demonstration shall be made by one of the following means:
- (a) successfully completed dynamic tests;
- (b) rational analysis providing equivalent safety, based on dynamic tests of a similar seat type design.
The obligation set out in the first paragraph shall not apply to the following seats:
- (a) flight deck crew seats;
- (b) seats in low-occupancy aeroplanes involved only in on-demand non-scheduled commercial air transport operations;
- (c) seats in an aeroplane model listed in Table A.1 of Appendix 1 and carrying a manufacturer serial number listed in that Table.
26.100 Location of emergency exits
Operators of large aeroplanes that are used in commercial air transport and that have a maximum operational passenger seating configuration of more than 19 with one or more emergency exits deactivated shall ensure that the distance(s) between the remaining exits remains (remain) compatible with effective evacuation, except for large aeroplanes that have an emergency exit configuration installed and approved before 1 April 1999.
26.105 Emergency exit access
Operators of large aeroplanes used in commercial air transport shall provide means to facilitate the rapid and easy movement of each passenger from their seat to any of the emergency exits in case of an emergency evacuation.
26.110 Emergency exit markings
Operators of large aeroplanes used in commercial air transport shall comply with the following:
- (a) means shall be provided to facilitate the location, access, and operation of emergency exits by cabin occupants under foreseeable conditions in the cabin in case of an emergency evacuation;
- (b) means shall be provided to facilitate the location and operation of emergency exits by personnel on the outside of the aeroplane in case of an emergency evacuation.
26.120 Interior emergency lighting and emergency light operation
Operators of large aeroplanes used in commercial air transport shall provide means to ensure that illuminated exit signage, general cabin and exit area illumination, and low level exit path illumination is available to facilitate the location of exits and movement of passengers to the exits in case of emergency evacuation.
26.150 Compartment interiors
Operators of large aeroplanes used in commercial air transport shall comply with the following:
- (a) all materials and equipment used in compartments occupied by the crew or passengers shall demonstrate flammability characteristics compatible with minimising the effects of in-flight fires and the maintenance of survivable conditions in the cabin for a time commensurate with that needed to evacuate the aircraft;
- (b) smoking prohibition shall be indicated with placards;
- (c) disposal receptacles shall be such that containment of an internal fire is ensured; such receptacles shall be marked to prohibit the disposal of smoking materials.
26.155 Flammability of cargo compartment liners
Operators of large aeroplanes used in commercial air transport, type certified after 1 January 1958, shall ensure that the liners of Class C or Class D cargo compartments are constructed of materials that adequately prevent the effects of a fire in the compartment from endangering the aircraft or its occupants.
26.156 Thermal or acoustic insulation materials
Operators of large aeroplanes that are used in commercial air transport, and that were type certified on or after 1 January 1958, shall ensure that:
- (a) for large aeroplanes for which the first individual certificate of airworthiness was issued before 18 February 2021, when new thermal or acoustic insulation materials are installed as replacements on or after 18 February 2021, those new materials have flame propagation resistance characteristics which prevent or reduce the risk of flame propagation in the aeroplane;
- (b) for large aeroplanes for which the first individual certificate of airworthiness was issued on or after 18 February 2021, thermal and acoustic insulation materials have flame propagation resistance characteristics which prevent or reduce the risk of flame propagation in the aeroplane;
- (c) for large aeroplanes for which the first individual certificate of airworthiness was issued on or after 18 February 2021 and with a passenger capacity of 20 or more, thermal and acoustic insulation materials (including the means of fastening the materials to the fuselage) installed in the lower half of the aeroplane have flame penetration resistance characteristics which prevent or reduce the risk of flame penetration into the aeroplane after an accident and which ensure survivable conditions in the cabin for the time needed to evacuate the aeroplane.
26.157 Conversion of Class D compartments
Operators of large aeroplanes that are used in commercial air transport, and that were type certified on or after 1 January 1958,shall ensure that:
- (a) for large 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 large 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;
This point shall not apply to operators of an aeroplane model listed in Table A.1 of Appendix 1 to this Annex.
26.160 Lavatory fire protection
Operators of large aeroplanes used in commercial air transport with a maximum operational passenger seating configuration of more than 19 shall comply with the following:
Lavatories shall be equipped with:
- (a) smoke detection means;
- (b) means to automatically extinguish a fire occurring in each disposal receptacle.
26.170 Fire extinguishers
Operators of large aeroplanes shall ensure that the following extinguishers do not use halon as an extinguishing agent:
- (a) built-in fire extinguishers for each lavatory waste receptacle for towels, paper or waste in large aeroplanes for which the first individual certificate of airworthiness is issued on or after 18 February 2020;
- (b) portable fire extinguishers in large aeroplanes for which the first individual certificate of airworthiness is issued on or after 18 May 2019.
26.175 Cargo compartment fire protection
- (a) For large aeroplanes, as well as for small aeroplanes with a maximum take-off weight (MTOW) greater than 5 700 kg (12 500 lb), for which the individual certificate of airworthiness is first issued on or after 1 January 2025, the holders of:
- — TC or restricted TC, or
- — STC or design change approvals, if the change relates to the aeroplane cargo compartment fire protection capabilities, shall make available information on the aeroplane design characteristics associated with the cargo compartment fire protection capabilities to all known operators of such aeroplanes.
- (b) For small aeroplanes with a MTOW of 5 700 kg (12 500 lb) or less and equipped with at least one cargo compartment separated from the flight deck, and for which the individual certificate of airworthiness is first issued on or after 1 January 2025, the holders of:
- — TC or restricted TC, or
- — STC or design change approvals, if the change relates to the aeroplane cargo compartment fire protection capabilities, shall make available information on the aeroplane design characteristics associated with the cargo compartment fire protection capabilities for all cargo compartments that are separated from the flight deck to all known operators of such aeroplanes.
- (c) The information made available in accordance with points (a) and (b) shall be sufficiently detailed to support operators when conducting a risk assessment for the transportation of goods in the cargo compartment. The information shall be contained in appropriate aeroplane documentation made available to operators and easily identifiable by the operators’ personnel responsible for conducting the risk assessment.
- (d) The design approval holder, who is required to make available the information in accordance with point (a) or (b), shall also make available changes to this information to all known operators of the aeroplanes affected by the change.
26.200 Landing gear aural warning
Operators of large aeroplanes used in commercial air transport shall ensure that an appropriate landing gear aural warning device is installed in order to significantly reduce the likelihood of landings with landing gear inadvertently retracted.
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.
26.205 Runway overrun awareness and alerting systems
- (a) Operators of large aeroplanes used in commercial air transport shall ensure that every large aeroplane for which the first individual certificate of airworthiness is issued on or after 1 July 2026, is equipped with a runway overrun awareness and alerting system.
- (b) This system shall be designed in a manner allowing to reduce the risk of a longitudinal runway excursion during landing by providing an alert, in-flight and on the ground, to the flight crew when the aeroplane is at risk of not being able to stop within the available distance to the end of the runway.
26.250 Flight crew compartment door operating systems — single incapacitation
Operators of large aeroplanes used in commercial air transport shall ensure that flight crew compartment door operating systems, where installed, be provided with alternate opening means in order to facilitate access by cabin crew members into the flight crew compartment in the case of a single flight crew member incapacitation.
26.300 Continuing structural integrity programme for ageing aeroplanes structures – general requirements
- (a) A holder of a TC or a restricted TC for a large aeroplane certified on or after 1 January 1958, for which the application for a TC was submitted before 1 January 2019, shall establish a continuing structural integrity programme for ageing aeroplane structures, which shall comply with the requirements set out in points 26.301 to 26.309.
- (b) Point (a) shall not apply to a large aeroplane model which was issued with a TC before 26 February 2021 and which meets any of the following conditions:
- (i) it is listed in Table A.1 of Appendix 1 to this Annex;
- (ii) it is not operated anymore after 26 February 2021;
- (iii) it has not been certified to conduct civil operation with a payload or passengers;
- (iv) it has a restricted TC issued before 26 February 2021 in accordance with damage tolerance requirements, provided that it is not operated beyond 75 % of its design service goal and is primarily operated in support of the approval holder’s manufacturing operation;
- (v) it is certified with a restricted TC and is designed primarily for firefighting. The exceptions provided for in points (b)(ii) to (v) shall apply only after the holder of a TC or a restricted TC submitted to the Agency before 27 May 2021 for approval a list identifying the aeroplane type and models, variations or serial numbers together with information supporting the reasons why the aeroplane has been included in the list.
- (c) For a large aeroplane model which was issued with a first type certificate before 26 February 2021 and for which an existing change or repair is not and will not be incorporated in any aeroplane in operation on or after 26 February 2022, points (a)(ii) and (iii) of point 26.307 and point 26.308(a)(ii) shall not apply if before 26 February 2022 the holder of a TC or a restricted TC submitted to the Agency for approval the list of all changes and repairs.
26.301 Compliance Plan for (R)TC holders
- (a) A holder of a TC or a restricted TC for a large aeroplane certified on or after 1 January 1958, for which the application for a TC was submitted before 1 January 2019, shall:
- (i) establish a compliance plan for continuing structural integrity that describes the planned demonstration of compliance with the requirements set out in points 26.302 to 26.309;
- (ii) submit the compliance plan for continuing structural integrity referred in paragraph (i) to the Agency before 27 May 2021 for approval.
- (b) An applicant for a TC or restricted TC referred to in letter (c) of Article 1 paragraph 2 shall:
- (i) establish a compliance plan for continuing structural integrity that describes the planned demonstration of compliance with the requirements set out in points 26.303 to 26.306;
- (ii) submit the compliance plan for continuing structural integrity referred to in paragraph (i) to the Agency before 27 May 2021 or, before the issuance of the certificate, if it occurs later, for approval.
26.302 Fatigue and damage tolerance evaluation
- (a) A holder of a TC or a restricted TC, for a large aeroplane certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lb) or more, certified on or after 1 January 1958, for which the application for a TC was submitted before 1 January 2019, shall carry out a fatigue and damage tolerance evaluation of the aeroplane structure and develop the DTI that will prevent catastrophic failures due to fatigue throughout the operational life of the aeroplane.
- (b) Unless the documentation describing the DTI referred to in paragraph (a) have already been approved by the Agency in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012, the holder of a TC or a restricted TC shall submit that documentation to the Agency before 26 February 2023 for approval.
26.303 Limit of validity
- (a) A holder of a TC or a restricted TC, for a large aeroplane certified on or after 1 January 1958, for which the application for a TC was submitted before 1 January 2019, and certified with a MTOW greater than 34 019 kg (75 000 lb), shall:
- (i) establish a limit of validity (LOV) and include that LOV in an amended ALS;
- (ii) identify existing and new maintenance actions upon which the LOV depends, and develop service information necessary to implement those maintenance actions and submit the service information for the maintenance actions to the Agency in accordance with a binding schedule agreed with the Agency. The aeroplane structural configurations to be evaluated for the purpose of establishing the LOV shall include all model variations and derivatives approved under the TC before 26 February 2021 and all structural changes and replacements to the structural configurations of those aeroplanes that are required by an airworthiness directive issued before 26 February 2021. By way of derogation from point (ii), a holder of a TC or a restricted TC for a large aeroplane shall not be required to develop and submit to the Agency the service information for a maintenance action applicable to a large aeroplane model that will not be operated anymore after the scheduled point of submission for the service information of that maintenance action. For this exception to take effect, the holder of a TC or a restricted TC shall inform the Agency not later than the date on which the aeroplane model ceases operation.
- (b) The holder of the TC or the restricted TC shall submit the LOV established in accordance with point (a) and the amendment to the ALS referred to in that point together with the binding schedule to the Agency, before the deadlines established in the following points (i), (ii) and (iii), for approval:
- (i) 26 August 2022 for a fatigue-critical structure with a certification basis that does not include a damage tolerance evaluation;
- (ii) 26 February 2026 for an aeroplane structure subject to ongoing full-scale fatigue testing on the date of the applicability of this amending Regulation;
- (iii) 26 February 2025 for all other aeroplane structures.
- (c) An applicant for a TC or a restricted TC, as referred to in Article 1(2)(c), for a large aeroplane with a MTOW greater than 34 019 kg (75 000 lb), shall:
- (i) establish a LOV and include that LOV in the ALS;
- (ii) identify existing and new maintenance actions upon which the LOV depends, and develop service information necessary to implement those maintenance actions and submit the service information for the maintenance actions to the Agency in accordance with a binding schedule agreed with the Agency.
- (d) The applicant for a TC or a restricted TC, as referred to in Article 1(2), point (c), shall submit the LOV established in accordance with point (c) of this point and the ALS referred to in that point together with the binding schedule to the Agency, for approval:
- (i) before the date approved by the Agency in the plan of the applicant for completing tests and analyses of any aeroplane structure requiring new full-scale fatigue testing to support the establishment of the LOV;
- (ii) before 26 February 2025 for all other aeroplane structures.
26.304 Corrosion prevention and control programme
- (a) A holder of a TC or a restricted TC for a large aeroplane certified on or after 1 January 1958, for which the application for a TC was submitted before 1 January 2019, shall establish a baseline corrosion prevention and control programme (CPCP).
- (b) Unless the baseline CPCP referred to in point (a) has already been approved by the Agency in accordance with point 21.A.3B(c)(1) of Annex I (Part 21) to Regulation (EU) No 748/2012 or in a maintenance review board report (MRBR) approved by the Agency, the holder of a TC or a restricted TC shall submit the CPCP to the Agency before 26 February 2023, for approval.
- (c) An applicant for a TC or a restricted TC, as referred to in Article 1(2), point (c), for a large aeroplane shall establish a baseline CPCP prior to the TC being issued.
26.305 Validity of the continuing structural integrity programme
- (a) A holder of a TC or a restricted TC for a large aeroplane certified on or after 1 January 1958, for which the application for a TC was submitted before 1 January 2019, shall establish and implement a process that ensures that the continuing structural integrity programme remains valid throughout the operational life of the aeroplane, taking into account service experience and current operations.
- (b) The holder of a TC or a restricted TC shall submit a description of the process referred to in point (a) to the Agency before 26 February 2023 for approval. The holder of a TC or a restricted TC shall implement the process within 6 months after its approval by the Agency.
- (c) An applicant for a TC or a restricted TC, as referred to in Article 1(2), point (c), for a large aeroplane, shall establish and implement a process that ensures that the continuing structural integrity programme remains valid throughout the operational life of the aeroplane, taking into account service experience and current operations. It shall submit a description of the process to the Agency before 26 February 2023, or before the issuance of the certificate, whichever occurs later, for approval and shall implement the process within 6 months after its approval by the Agency.
26.306 Fatigue-critical baseline structures
- (a) A holder of a TC or a restricted TC for a large aeroplane certified on or after 1 January 1958, for which the application for a TC was submitted before 1 January 2019, and certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lb) or more, shall identify and list the fatigue-critical baseline structures (FCBS) for all aeroplane model variations and derivatives included in the TC or restricted TC.
- (b) The holder of a TC or a restricted TC shall submit the list of the structures referred to in point (a) to the Agency before 26 August 2021, for approval.
- (c) Upon approval of the list referred to in point (a) by the Agency, the holder of a TC or a restricted TC shall make it available to the holders of a STC or a major change approval that are required to comply with point 26.330, and to all known operators of such aeroplanes and, on request, to organisations responsible for the management of continuing airworthiness to support the operators that are required to comply with point 26.370.
- (d) An applicant for a TC or a restricted TC, as referred to in Article 1(2), point (c), for a large aeroplane to be certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lb) or more, shall identify and list the FCBS for all aeroplane model variations and derivatives included in the TC or restricted TC. It shall submit the list of these structures to the Agency before 26 August 2021, or before the issuance of the certificate, whichever occurs later, for approval.
- (e) Upon approval of the list referred to in point (d) by the Agency, the applicant for a TC or a restricted TC, as referred to in Article 1(2), point (c), shall make it available to all known operators of such aeroplanes and, on request, to organisations responsible for the management of continuing airworthiness to support the operators that are required to comply with point 26.370.
26.307 Damage tolerance data for existing changes to fatigue-critical structures
- (a) A holder of a TC or a restricted TC for a large aeroplane certified on or after 1 January 1958 and certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lb) or more, for changes and fatigue-critical modified structures (FCMS) existing on 26 February 2021 shall:
- (i) review existing design changes and identify all changes that affect FCBS identified in accordance with point 26.306;
- (ii) for each change identified in accordance with point (i), identify any associated FCMS;
- (iii) for each change identified in accordance with point (i), perform a damage tolerance evaluation and establish and document the associated DTIs.
- (b) The holder of a TC or a restricted TC shall submit the list of all FCMS identified in accordance with point (a)(ii) to the Agency before 26 February 2022, for approval.
- (c) The holder of a TC or a restricted TC shall submit the damage tolerance data, including DTI, resulting from the evaluation performed in accordance with point (a)(iii) to the Agency before 26 August 2022, for approval.
- (d) Upon approval by the Agency of the FCMS list submitted in accordance with point (b), the holder of a TC or a restricted TC shall make that list available to the holders of a STC or a major change approval that are required to comply with point 26.330 and to all known operators of such aeroplanes and, on request, to organisations responsible for the management of continuing airworthiness to support the operators that are required to comply with point 26.370.
26.308 Damage tolerance data for existing repairs to fatigue-critical structures
- (a) A holder of a TC or a restricted TC for a large aeroplane certified on or after 1 January 1958 and certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lb) or more, for published repairs existing on 26 February 2021 shall:
- (i) review the repair data and identify each repair specified in the data that affects the FCBS and the FCMS identified in accordance with point 26.306(a) and point 26.307(a)(ii);
- (ii) perform a damage tolerance evaluation for each repair identified in accordance with point (i), unless previously performed.
- (b) The holder of a TC or a restricted TC shall submit the damage tolerance data, including the damage tolerance inspections (DTI), resulting from the evaluation performed in accordance with point (a)(ii) to the Agency before 26 May 2022, for approval, unless it is already approved in accordance with point 21.A.435(b)(2) of Annex I (Part 21) to Regulation (EU) No 748/2012 before 26 August 2022.
26.309 Repair evaluation guidelines
- (a) A holder of a TC or a restricted TC for a large aeroplane certified on or after 1 January 1958 and certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lb) or more, and for which the TC or restricted TC was issued before 11 January 2008, shall develop repair evaluation guidelines (REGs) to establish:
- (i) a process for conducting surveys of affected aeroplanes that enables the identification and documentation of all existing repairs affecting the fatigue-critical structures identified in accordance with point 26.306(a) and point 26.307(a)(ii);
- (ii) a process that enables operators and organisations responsible for the management of continuing airworthiness to obtain a DTI for repairs identified in accordance with point (i);
- (iii) an implementation schedule that provides time frames for conducting aeroplane surveys, obtaining DTIs and incorporating DTIs into the maintenance programme of the aeroplane.
- (b) The holder of a TC or a restricted TC shall submit the REGs developed in accordance with point (a) to the Agency before 26 February 2023, for approval.
26.330 Damage tolerance data for existing supplemental type certificates (STCs), other existing major changes and existing repairs affecting those STCs or changes
- (a) A holder of a STC issued before 26 February 2021, or a holder of a major change approval that has been deemed approved in accordance with Article 4 of Regulation (EU) No 748/2012, for large aeroplanes certified on or after 1 January 1958 to carry 30 or more passengers, or with a payload capacity of 3 402 kg (7 500 lb) or more, shall address the adverse effects of those changes and repairs to those changes on the aeroplane structure to support the compliance with point 26.370(a)(ii) and shall comply with the requirements set out in points 26.331 to 26.334.
- (b) Point (a) shall not apply to major changes and repairs to a large aeroplane model first certified before 26 February 2021 when that aeroplane model meets any of the following conditions:
- (i) it is listed in Table A.1 of Appendix 1 to this Annex;
- (ii) it is not operated anymore after 26 February 2021;
- (iii) it has not been certified to conduct civil operation with a payload or passengers;
- (iv) it has a restricted TC and has been certified in accordance with damage tolerance requirements, provided that it is not operated beyond 75 % of its design service goal and is primarily operated in support of the restricted TC holder’s manufacturing operation;
- (v) it is issued with a restricted TC and is designed primarily for firefighting.
- (c) Point (a) shall not apply to major changes and repairs to a large aeroplane first certified before 26 February 2021 when the changes or repairs are not, and will not be, incorporated in any large aeroplane in operation on or after 26 August 2022.
- (d) The exceptions provided for in points (b)(ii) to (v) and (c) shall apply only after the change approval holder submits a list of changes that affect the FCBS, together with information supporting the reasons why each change has been included in the list, to the Agency before 26 February 2022 for approval.
26.331 Compliance plan for STC holders
The approval holder referred to in point 26.330(a) shall:
- (a) establish a compliance plan that addresses the requirements of points 26.332 to 26.334;
- (b) submit the compliance plan referred to in point (a) of this point to the Agency before 25 August 2021, for approval.
26.332 Identification of changes affecting fatigue-critical structures
- (a) The approval holder referred to in point 26.330(a) shall:
- (i) review the changes and identify those changes that affect FCBS;
- (ii) for each change identified in accordance with point (i), identify any associated FCMS;
- (iii) identify the published repairs affecting each change identified in accordance with point (i).
- (b) For a change approval that was issued on or after 1 September 2003, the approval holder referred to in point (a) shall develop and submit a list of the changes and FCMS identified in accordance with points (a)(i) and (ii) to the Agency before 26 February 2022 for approval, and, upon approval by the Agency, make the list available to all known operators of such aeroplanes and, on request, to organisations responsible for the management of continuing airworthiness to support the operators that are required to comply with point 26.370(a)(ii).
- (c) For a change approval that was issued before 1 September 2003, the approval holder referred to in point (a) shall:
- (i) develop and submit a list of the changes identified in accordance with point (a)(i) to the Agency before 26 February 2022, for approval;
- (ii) upon request of operators and organisations responsible for the management of continuing airworthiness to support the operators that are required to comply with point 26.370(a)(ii), identify and list any FCMS associated with the change and submit this data to the Agency within 12 months from the request, for approval;
- (iii) upon approval of any data submitted according to points (c)(i) and (ii), make that data available to all known operators of such aeroplanes and, on request, to organisations responsible for the management of continuing airworthiness to support the operators that are required to comply with point 26.370(a)(ii).
26.333 Damage tolerance data for STCs and repairs affecting those STCs approved on or after 1 September 2003
- (a) For a change approval that was issued on or after 1 September 2003, the approval holder referred to in point 26.330(a) shall:
- (i) for changes and published repairs identified in accordance with points (a)(i) and (a)(iii) of point 26.332, respectively, perform a damage tolerance evaluation;
- (ii) establish and document the associated DTI, unless this has already been done.
- (b) The approval holder referred to in point (a) shall submit the damage tolerance data resulting from the damage tolerance evaluation performed in accordance with point (a)(i) to the Agency before 26 February 2023, for approval, unless it is already approved in accordance with point 21.B.111 of Annex I (Part 21) to Regulation (EU) No 748/2012.
- (c) By way of derogation from point (b), for changes that did not have a damage tolerance evaluation requirement in the certification basis, the approval holder referred to in point (a) shall submit the damage tolerance data resulting from the damage tolerance evaluation performed in accordance with point (a) to the Agency, within the following deadlines, whichever occurs later, for approval:
- (i) prior to an aeroplane with that change incorporated being operated in accordance with Annex IV (Part-CAT) to Regulation (EU) No 965/2012; or
- (ii) before 26 February 2023.
26.334 Damage tolerance data for STCs and other existing major changes and repairs affecting those STCs or changes approved before 1 September 2003
- (a) Upon request of operators and organisations responsible for the management of continuing airworthiness, to support the compliance with point 26.370(a)(ii), for a change approval that was issued before 1 September 2003, the approval holder referred to in point 26.330(a) shall:
- (i) for changes and published repairs identified in accordance with points (a)(i) and (a)(iii) of point 26.332, respectively, perform a damage tolerance evaluation;
- (ii) establish and document the associated DTI, unless this has already been done.
- (b) The approval holder referred to in point (a) shall submit the damage tolerance data resulting from the evaluation performed in accordance with point (a)(i) to the Agency:
- (i) within 24 months from receipt of a request, for requests received before 26 February 2023, for approval; or
- (ii) before 26 February 2025 or within 12 months from receipt of a request, whichever occurs later, for requests received on or after 26 February 2023, for approval.
26.370 Maintenance programme
- (a) Operators of large aeroplanes certified on or after 1 January 1958 shall ensure that the maintenance programmes of those aeroplanes include:
- (i) for large aeroplanes certified to carry 30 passengers or more, or with a payload capacity greater than 3 402 kg (7 500 lb), approved DTIs;
- (ii) for large aeroplanes operated in accordance with Annex IV (Part-CAT) to Regulation (EU) No 965/2012 and certified to carry 30 passengers or more, or with a payload capacity greater than 3 402 kg (7 500 lb), a means for addressing the adverse effects that repairs and changes may have on fatigue-critical structures and on inspections provided for in point (a)(i);
- (iii) for large aeroplanes certified with a MTOW greater than 34 019 kg (75 000 lb), an approved LOV;
- (iv) a CPCP.
- (b) The following deadlines shall apply to the obligation referred to in point (a):
- (i) the maintenance programme of the aeroplanes shall be revised to address the requirements of points (a)(i), (ii) and (iv) before 26 February 2024 or before operating the aeroplane, whichever occurs later;
- (ii) the maintenance programme of the aeroplanes shall be revised to address the requirements of point (a)(iii) before 26 August 2021, or 6 months after the publication of the LOV, or before operating the aeroplane, whichever occurs later.
- (c) For a large aeroplane model first certified before 26 February 2021 and:
- (i) that is not operated anymore after 26 February 2024, points (a)(i), (a)(ii) and (a)(iv) shall not apply;
- (ii) that is not operated anymore after 26 August 2021, point (a)(iii) shall not apply;
- (iii) with a restricted TC issued before 26 February 2021 in accordance with damage tolerance requirements, provided that it is not operated beyond 75 % of its design service goal and is primarily operated in support of the approval holder’s manufacturing operation, points (a)(i), (a)(ii) and (a)(iv) shall not apply.
- (d) For a large aeroplane model with a restricted TC issued before 26 February 2021 and the primary purpose of which is firefighting, points (a)(i) and (a)(ii) shall not apply.
SUBPART C
HELICOPTERS
26.400 Fire extinguishers
Operators of large helicopters shall ensure that the following extinguishers do not use halon as an extinguishing agent:
- (a) built-in fire extinguishers for each lavatory waste receptacle for towels, paper or waste in large helicopters for which the individual certificate of airworthiness is first issued on or after 18 February 2020;
- (b) portable fire extinguishers in large helicopters for which the individual certificate of airworthiness is first issued on or after 18 May 2019.
26.405 Cargo compartment fire protection
- (a) For both small and large helicopters equipped with at least one cargo compartment separated from the flight deck, and for which the individual certificate of airworthiness is first issued on or after 1 January 2025, the holders of:
- — TC or restricted TC, or
- — STC or design change approvals, if the change relates to the helicopter cargo compartment fire protection capabilities, shall make available information on the helicopter design characteristics associated with the cargo compartment fire protection capabilities for all cargo compartments that are separated from the flight deck to all known operators of such helicopters.
- (b) The information made available in accordance with point (a) shall be sufficiently detailed to support operators when conducting a risk assessment for the transportation of goods in the cargo compartment. The information shall be contained in appropriate helicopter documentation made available to operators and be easily identifiable by the operators’ personnel responsible for conducting the risk assessment.
- (c) The design approval holder, who is required to make available information in accordance with point (a), shall also make available changes to this information to all known operators of the helicopters affected by the change.
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.
26.440 Fuel system crash resistance
Operators of small helicopters and large helicopters shall ensure that the likelihood of a post-crash fire is minimised as far as practicable in the design of the fuel system when:
- (a) the helicopter type certificate was issued on or after 2 October 1994, and:
- (1) the helicopter first individual certificate of airworthiness is issued on or after 22 December 2026, or
- (2) the helicopter first individual certificate of airworthiness is issued before 22 December 2026, and:
- (i) if any individual certificate of airworthiness is issued by a Member State on or after 22 December 2024 after an import of the helicopter from a non-Member State, or
- (ii) if:
- (A) the helicopter has been designed for six or more occupants, and is operated on or after 22 December 2031; or
- (B) the helicopter has been designed for five or less occupants, and is operated on or after 22 December 2039.
- (b) the helicopter type certificate was issued before 2 October 1994, and:
- (1) the helicopter first individual certificate of airworthiness is issued on or after 22 December 2026 or,
- (2) the helicopter first individual certificate of airworthiness is issued before 22 December 2026 and if any individual certificate of airworthiness is issued by a Member State on or after 22 December 2024 after an import of the helicopter from a non-Member State.
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 |
| LEARJET INC. | Learjet Model 45 | All | All | 26.157 |
| LEARJET INC. | Learjet 24/25/31/36/35/55/60 | 55, 55B, 55C | All | 26.157 |
| LEARJET INC. | Learjet Model 60 | All | 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 |
ANNEX II
In Annex III (Part-ORO) to Regulation (EU) No 965/2012, point ORO.AOC.100. subparagraph (c)(1) is replaced by the following:
‘(1)they comply with all the requirements of annex IV to Regulation (EC) No 216/2008, this Annex (Part-ORO), Annex IV (Part-CAT) and Annex V (Part-SPA) to this Regulation and Annex I (Part 26) to Regulation (EU) 2015/640 ([^E0002]);
[^E0001]: Commission Regulation (EU) No 748/2012 of 3 August 2012 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 (OJ L 224, 21.8.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/748/oj).
[^E0002]: 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).’
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