# L_2021031EN.01020801.xml

| 29.1.2021 | EN | Official Journal of the European Union | L 31/208 |
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29.1.2021

EN

Official Journal of the European Union

L 31/208

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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 (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 (2) sets out such additional airworthiness requirements. |
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(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 (2) sets out such additional airworthiness requirements.

| (2) | Commission Implementing Regulation (EU) 2019/133 (3) 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. |
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(2)

Commission Implementing Regulation (EU) 2019/133 (3) 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 (4), 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. |
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(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 (4), 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. |
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(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. |
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(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, |
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(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

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(1)  
  OJ L 212, 22.8.2018, p. 1.

1

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

2

(3)  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).

3

(4)  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).

4

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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; |
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(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. |
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(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; |
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(a)

flight deck crew seats;

| (b) | seats in low-occupancy aeroplanes involved only in on-demand non-scheduled commercial air transport operations; |
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(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.’; |
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(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:


  ‘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 | 24,24 A,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, A321-251NX | 10071, 10257, 10371 and 10391 | 26.60. |
| AIRBUS | A330 series | A330-243, A330-941 | 1844, 1861, 1956, 1978, 1982, 1984, 1987, 1989, 1998, 2007, 2008, 2011, and 2012 | 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 |

(2)

Appendix 1 is replaced by the following:

‘Appendix 1

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

Table A.1

TC Holder

Type

Models

Manufacturer serial number

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

The Boeing Company

707

All

26.301 to 26.334

The Boeing Company

720

All

26.301 to 26.334

The Boeing Company

DC-10

DC-10-10

DC-10-30

DC-10-30F

All

26.301 to 26.334

The Boeing Company

DC-8

All

26.301 to 26.334

The Boeing Company

DC-9

DC-9-11, DC-9-12, DC-9-13, DC-9-14,DC-9-15, DC-9-15F, DC-9-21, DC-9-31,DC-9-32, DC-9-32 (VC-9C), DC-9-32F,DC-9-32F (C-9A, C-9B), DC-9-33F, DC-9-34, DC-9-34F, DC-9-41, DC-9-51

All

26.301 to 26.334

The Boeing Company

MD-90

MD-90-30

All

26.301 to 26.334

FOKKER SERVICES B.V.

F27

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

All

26.301 to 26.334

FOKKER SERVICES B.V.

F28

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

All

26.301 to 26.334

GULFSTREAM AEROSPACE CORP.

G-159

G-159 (Gulfstream I)

All

26.301 to 26.334

GULFSTREAM AEROSPACE CORP.

G-II_III_IV_V

G-1159A (GIII)

G-1159B (GIIB)

G-1159 (GII)

All

26.301 to 26.334

KELOWNA FLIGHTCRAFT LTD.

CONVAIR 340/440

440

All

26.301 to 26.334

LEARJET INC.

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

24,24 A,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, A321-251NX

10071, 10257, 10371 and 10391

26.60.

AIRBUS

A330 series

A330-243, A330-941

1844, 1861, 1956, 1978, 1982, 1984, 1987, 1989, 1998, 2007, 2008, 2011, and 2012

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

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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; |
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‘(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. |
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(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 |
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(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.’ |
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(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.’

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