Commission Implementing Regulation (EU) 2021/97 of 28 January 2021 amending and correcting Regulation (EU) 2015/640 as regards the introduction of new additional airworthiness requirements

Commission Implementing Regulation (EU) 2021/97 of 28 January 2021 amending and correcting 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 OJ L 212, 22.8.2018, p. 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 (CS) and regularly updates them in order to ensure that CS 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 CS when it is produced or while in service. Therefore, in order to support continuing airworthiness and safety improvements, compliance of such aircraft with additional airworthiness requirements that were not included in the initial CS at the time of certification of design should be introduced. Commission Regulation (EU) 2015/640 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). sets out such additional airworthiness requirements. (2) Commission Implementing Regulation (EU) 2019/133 Commission Implementing Regulation (EU) 2019/133 of 28 January 2019 amending Regulation (EU) 2015/640 as regards the introduction of new additional airworthiness specifications (OJ L 25, 29.1.2019, p. 14). introduced in point 26.60 of Annex I to Regulation (EU) 2015/640 additional airworthiness requirements for the dynamic conditions of passenger and cabin crew seats of large aeroplanes newly produced on the basis of a design which has already been certified by the Agency. Large aeroplanes for which the individual certificate of airworthiness is first issued on or after 18 February 2021 have to comply with point 26.60. Because of delays in aeroplanes production caused by the Covid-19 pandemic, some aeroplanes, which were planned to be issued with a certificate of airworthiness before 18 February 2021, will be issued with that certificate after that date. In order to avoid imposing additional burden on the industry because of the need to requalify the seats in those aeroplanes to the dynamic conditions, aeroplanes whose production has been delayed by the Covid-19 pandemic should therefore be exempted from compliance with point 26.60.

(3) For this reason, the issue date of the first individual certificate of airworthiness referred to in point 26.60 of Annex I to Regulation (EU) 2015/640, which is currently set for 18 February 2021 should be aligned with the application date of the list of aeroplanes models which are not subject to certain provisions of Annex I to Regulation (EU) 2015/640 set out in Appendix I to Commission Implementing Regulation (EU) 2020/1159 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). , this is 26 February 2021. Considering that the time difference is minimal, there would be no significant impact on aviation safety. Regulation (EU) 2015/640 should therefore be amended accordingly. (4) Implementing Regulation (EU) 2020/1159 introduced new requirements on ageing aircraft. In particular, point 26.334 of Annex I to Regulation (EU) 2015/640 implies that all holders of supplemental type-certificate issued before 1 September 2003 will have to develop the damage tolerance data whether or not this data is actually required by operators. To ensure a proportionate burden on industry, it has always been intended that this data should only be developed if required by operators and only upon their request. Regulation (EU) 2015/640 should therefore be corrected accordingly. (5) The measures provided for in this Regulation refer to the amendments introduced by Implementing Regulation (EU) 2020/1159 which apply from 26 February 2021. For reasons of consistency, this Regulation should therefore also be applicable as of 26 February. (6) 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

Annex I to Regulation (EU) 2015/640 is amended in accordance with Annex I to this Regulation.

Article 2

Annex I to Regulation (EU) 2015/640 is corrected in accordance with Annex II to this Regulation.

Article 3

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 26 February 2021, except point (1) of Annex I, which shall apply from 16 February 2021. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 28 January 2021. For the Commission The President Ursula von der Leyen

Annex

ANNEX I Annex I to Regulation (EU) 2015/640 is amended as follows: (1) point 26.60 is replaced by the following: 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.; (2) Appendix 1 is replaced by the following:

Annex

Appendix 1 List of aeroplane models not subject to certain provisions of Annex I (Part-26) Table A.1 TC HolderTypeModelsManufacturer serial numberProvisions of Annex I (Part-26) that do NOT applyThe Boeing Company707All26.301 to 26.334The Boeing Company720All26.301 to 26.334The Boeing CompanyDC-10 DC-10-10 DC-10-30 DC-10-30F All26.301 to 26.334The Boeing CompanyDC-8All26.301 to 26.334The Boeing CompanyDC-9DC-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-9-51All26.301 to 26.334The Boeing CompanyMD-90MD-90-30All26.301 to 26.334 FOKKER SERVICES B.V.F27Mark 100, 200, 300, 400, 500, 600, 700All26.301 to 26.334FOKKER SERVICES B.V.F28Mark 1000, 1000C, 2000, 3000, 3000C, 3000R, 3000RC, 4000All26.301 to 26.334GULFSTREAM AEROSPACE CORP.G-159G-159 (Gulfstream I)All26.301 to 26.334GULFSTREAM AEROSPACE CORP.G-II_III_IV_V G-1159A (GIII) G-1159B (GIIB) G-1159 (GII) All26.301 to 26.334KELOWNA FLIGHTCRAFT LTD.CONVAIR 340/440440All26.301 to 26.334LEARJET INC.Learjet 24/25/31/36/35/55/6024,24 A,24B,24B-A,24D, 24D-A,24F,24F-A,25,25B,25C,25D,25FAll26.301 to 26.334LOCKHEED MARTIN CORPORATION1329All26.301 to 26.334LOCKHEED MARTIN CORPORATION188All26.301 to 26.334LOCKHEED MARTIN CORPORATION382382, 382B, 382E, 382F, 382GAll26.301 to 26.334LOCKHEED MARTIN CORPORATIONL-1011All26.301 to 26.334PT. DIRGANTARA INDONESIACN-235All26.301 to 26.334SABRELINER CORPORATIONNA-265NA-265-65All26.301 to 26.334VIKING AIR LIMITEDSD3 SD3-30 Sherpa SD3 Sherpa All26.301 to 26.334VIKING AIR LIMITEDDHC-7All26.301 to 26.334VIKING AIR LIMITEDCL-215CL-215-6B11All26.301 to 26.334TUPOLEV PUBLIC STOCK COMPANYTU-204204-120CEAll26.301 to 26.334AIRBUSA320 seriesA320-251N, A320-271N10033, 10242, 10281 and 1036026.60 AIRBUSA321 seriesA321-271NX, A321-251NX10071, 10257, 10371 and 1039126.60.AIRBUSA330 seriesA330-243, A330-9411844, 1861, 1956, 1978, 1982, 1984, 1987, 1989, 1998, 2007, 2008, 2011, and 201226.60ATR-GIE Avions de Transport RégionalATR 72 seriesATR72-212A1565, 1598, 1620, 1629, 1632, 1637, 1640, 1642, 1649, 1657, 1660, 166126.60The Boeing Company737 series737-8 and 737-943299, 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, 6615026.60

Annex

ANNEX II In point 26.334 of Annex I, points (a) and (b) are replaced by the following: (a) Upon request of an operator required to comply with point 26.370(a)(ii), a holder of a change approval that was issued before 1 September 2003 shall: (i) for changes and published repairs identified in accordance with paragraph (a)(i) of point 26.332 and paragraph (a)(iii) of point 26.332, perform a damage tolerance evaluation; (ii) establish and document the associated damage tolerance inspection, unless it has already been done. (b) The holder of a change approval shall submit the damage tolerance data resulting from the evaluation performed in accordance with paragraph (a)(i) to the Agency: (i) within 24 months from receipt of a request, for requests received prior to 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.