Commission Implementing Regulation (EU) 2022/1254 of 19 July 2022 amending Regulation (EU) 2015/640 as regards the introduction of new additional airworthiness requirements

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 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 (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 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) With effect from 26 August 2023, 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). 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

Annex

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:

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-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 All26.301 to 26.334The Boeing CompanyMD-90MD-90-30All26.301 to 26.334FOKKER 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 26.334 GULFSTREAM 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, 24A, 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 1036026.60AIRBUSA321 seriesA321-271NX10257, 10371 and 1039126.60AIRBUSA330 seriesA330-243, A330-9411844, 1861, 1956, 1978, 1982, 1984, 1987, 1989, 1998, 2007, 2008 and 201126.60 ATR-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 737-9 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

26.60GULFSTREAM AEROSPACE LP.Gulfstream G100 series 1125 Astra 1125 Astra SP G100/Astra SPX All26.157GULFSTREAM AEROSPACE LP.Gulfstream G100 seriesGulfstream G150All26.157GULFSTREAM AEROSPACE LP.GALAXY G200 seriesGulfstream 200/GalaxyAll26.157 TEXTRON AVIATION INC.650 series650All26.157TEXTRON AVIATION INC.Cessna 500/550/S550/560/560XL series 500 550 560 560XL S550 All26.157TEXTRON AVIATION INC.Hawker Series BAe.125 Series Hawker 750 Hawker 800XP All26.157TEXTRON AVIATION INC.CESSNA 750 (Citation X) series750All26.157