02015R0640 — EN — 09.09.2022 — 003.001

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Amended by:









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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







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Article 1

Subject matter and scope

1. This Regulation lays down common additional airworthiness specifications related to the continuing airworthiness and safety improvements of aircraft.

2. This Regulation applies to: (a) operators of: (i) aircraft registered in a Member State; (ii) aircraft registered in a third country and used by an operator for which a Member State ensures oversight; (b) holders of a type-certificate, restricted type-certificate, supplemental type-certificate or a change and repair design approval approved by the Agency in accordance with Commission Regulation (EU) No 748/2012 ( 1 ) 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 turbine-powered 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).

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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;

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(b) ‘large aeroplane’ means an aeroplane that has the Certification Specifications for large aeroplanes ‘CS-25’ or equivalent in its certification basis;

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(c) ‘large helicopter’ means a helicopter that has the Certification Specifications for large rotorcraft ‘CS-29’ or equivalent in its certification basis;

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(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;

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(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;

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(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). A baseline CPCP is established by the type certificate holder, which can be adapted by operators to create a CPCP in their maintenance programme specific to their operations;

(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’ refers to the structure that is designed under the 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 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 other maintenance action developed by holders of a type-certificate or restricted type-certificate as a result of a damage tolerance evaluation. A DTI includes 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. DTIs may also specify maintenance actions such as replacement, repair or modification;

(n) ‘repair evaluation guideline’ (REG) means a process established by the type certificate holder that guides operators to establish damage tolerance inspections for repairs that affect fatigue-critical structure to ensure the continued structural integrity of all relevant repairs;

(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.

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Article 3

Additional airworthiness specifications for a given type of operation

Operators for which a Member State ensures oversight shall, when operating the aircraft referred to in Article 1, comply with the provisions of Annex I.

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.









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ANNEX I

PART-26

ADDITIONAL AIRWORTHINESS SPECIFICATIONS FOR OPERATIONS

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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)

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SUBPART A

GENERAL PROVISIONS

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26.10 Competent authority

(a) For the purposes of this Annex, the competent authority to which operators need to demonstrate compliance of aircraft, the design of which has already been certified, with the requirements of this Annex shall be the authority designated by the Member State in which the operator has its principal place of business.

(b) For the purposes of this Annex, the competent authority to which holders of type-certificates (TC), restricted TC, supplemental type-certificates (STC), changes and repair design approvals need to demonstrate compliance of the existing type-certificates (TC), restricted TC, supplemental type-certificates (STC), changes and repair design with the requirements of this Annex shall be the Agency.

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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

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(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) Operators and holders of a type certificate, restricted type certificate, supplemental type certificate or a change and 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 paragraph (a) of this point or the equivalent certification specifications issued by the Agency under point 21.B.70 of Annex I to Regulation (EU) No 748/2012; (ii) technical standards offering an equivalent level of safety to those included in those certification specifications.

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(c) Holders of a type certificate, restricted type certificate, supplemental type certificate or a change and repair design approval shall make available to each known operator of the aeroplanes any changes to the ‘Instructions for Continued Airworthiness’ (ICA) required to demonstrate compliance with this Annex. 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).

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SUBPART B

LARGE 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.

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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.

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26.100 Location of emergency exits

Except for aeroplanes having an emergency exit configuration installed and approved prior to 1 April 1999, operators of large aeroplanes used in commercial air transport having a maximum operational passenger seating configuration of more than nineteen with one or more emergency exits deactivated shall ensure that the distance(s) between the remaining exits remains (remain) compatible with effective evacuation.

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.

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26.156 Thermal or acoustic insulation materials

Operators of large aeroplanes used in commercial air transport, type certified on or after 1 January 1958, shall ensure that:

(a) for aeroplanes for which the first individual certificate of airworthiness is 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 aeroplanes for which the first individual certificate of airworthiness is 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 aeroplanes for which the first individual certificate of airworthiness is 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 a time needed to evacuate the aeroplane.

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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.

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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.

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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.

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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.

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26.205 Runway overrun awareness and alerting systems

(a) Operators of large aeroplanes used in commercial air transport shall ensure that every aeroplane for which the first individual certificate of airworthiness was issued on or after 1 January 2025, 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.

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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.

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26.300 Continuing structural integrity programme for ageing aeroplanes structures – general requirements

(a) A holder of a type-certificate (TC) or a restricted TC for a turbine-powered large aeroplane certified on or after 1 January 1958, for which the application for 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) Paragraph (a) shall not apply to an aeroplane model, which was issued with a type-certificate before 26 February 2021 and which meets any of the following conditions: (i) it is listed in Table A.1 of Appendix 1 of 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 holders manufacturing operation; (v) it is certified with a restricted TC and is designed primarily for firefighting. The exceptions provided for in paragraph (b)(ii) to (b)(v) shall apply only after the holder of a type-certificate (TC) or a restricted TC submits 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 an 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 and after 26 February 2022, paragraphs (a)(ii) and (a)(iii) of point 26.307 and paragraph (a)(ii) of point 26.308 shall not apply if before 26 February 2022 the holder of a type-certificate (TC) or a restricted TC submits to the Agency for the approval the list of all changes and repairs.

26.301 Compliance Plan for (R)TC holders

(a) A holder of a type-certificate (TC) or a restricted TC for a turbine-powered large aeroplane certified on or after 1 January 1958, for which the application for 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 type-certificate (TC) or a restricted TC, for a turbine-powered large aeroplane certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lbs) or more, certified on or after 1 January 1958, for which the application for 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 avoid 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 type-certificate (TC) or a restricted TC, for a turbine-powered large aeroplane certified on or after 1 January 1958, for which the application for TC was submitted before 1 January 2019, certified with a maximum take-off weight (MTOW) greater than 34 019 kg (75 000 lbs), 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 for operators 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 paragraph (a)(ii), a holder of a type-certificate (TC) or a restricted TC for a turbine-powered large aeroplane shall not be required to develop and submit to the Agency the service information for a maintenance action applicable to an aeroplane model which will not be operated anymore after the scheduled point of submittal for the service information of that maintenance action. For this exception to take effect, the holder of a type-certificate (TC) or a restricted TC shall inform the Agency not later than the date at which the aeroplane model ceases operation.

(b) The holder of the type-certificate (TC) or the restricted TC shall submit the LOV established in accordance with paragraph (a) and the amendment to the ALS referred to in that paragraph together with the binding schedule to the Agency, before the deadlines established in paragraphs (i) to (iii), for approval: (i) 26 August 2022 for fatigue critical structure with a certification basis that does not include a damage tolerance evaluation; (ii) 26 February 2026 for aeroplane structure subject to ongoing full-scale fatigue testing at 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 restricted TC as referred in letter (c) of Article 1 paragraph 2, for a turbine-powered large aeroplane with a maximum take-off weight (MTOW) greater than 34 019 kg (75 000 lbs), shall: (i) establish a limit of validity (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 for operators 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 restricted TC as referred in letter (c) of Article 1 paragraph 2 shall submit the LOV established in accordance with paragraph (c) and the ALS referred to in that paragraph together with the binding schedule to the Agency, for approval.

(e) The following deadlines shall apply to the obligations referred to in paragraph (d) (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 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 type-certificate (TC) or a restricted TC for a turbine-powered large aeroplane certified on or after 1 January 1958, for which the application for 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 paragraph (a) has already been approved by the Agency in accordance with point 21.A.3B(c)(1) of Annex 1 to Regulation (EU) No 748/2012 or in a maintenance review board report (MRBR) approved by the Agency, the holder of a type-certificate (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 restricted TC as referred to in letter (c) of Article 1 paragraph 2, for a turbine-powered large aeroplane shall establish a baseline corrosion prevention and control programme (CPCP) prior to the TC being issued.

26.305 Validity of the continuing structural integrity programme

(a) A holder of a type-certificate (TC) or a restricted TC for a turbine-powered large aeroplane certified on or after 1 January 1958, for which the application for 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 type-certificate (TC) or a restricted TC shall submit a description of the process referred to in paragraph (a) to the Agency before 26 February 2023 for approval. The holder of a type-certificate (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 restricted TC as referred to in letter (c) of Article 1 paragraph 2 for a turbine-powered 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 structure

(a) A holder of a type-certificate (TC) or a restricted TC for a turbine-powered large aeroplane certified on or after 1 January 1958, for which the application for 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 lbs) 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 type-certificate (TC) or a restricted TC shall submit the list of the structures referred to in paragraph (a) to the Agency before 26 August 2021 for approval.

(c) Upon approval of the list referred to in paragraph (a) by the Agency, the holder of a type-certificate (TC) or a restricted TC shall make it available to operators and persons required to comply with points 26.330 and 26.370.

(d) An applicant for a TC or restricted TC as referred to in letter (c) of Article 1 paragraph 2, for a turbine-powered large aeroplane to be certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lbs) 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. 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 paragraph (d) by the Agency, the applicant for a TC or restricted TC as referred to letter (c) of Article 1 paragraph 2 shall make it available to operators and persons required to comply with point 26.370.

26.307 Damage tolerance data for existing changes to fatigue-critical structure

(a) A holder of a type-certificate (TC) or restricted TC for a turbine-powered large aeroplane certified on or after 1 January 1958 certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lbs) or more, for changes and fatigue-critical modified structure (FCMS) existing on 26 February 2021 shall: (i) review existing design changes (design modifications) and identify all changes that affect FCBS identified in accordance with point 26.306; (ii) for each change identified in accordance with paragraph (a)(i), identify any associated fatigue-critical modified structure (FCMS); (iii) for each change identified in accordance with paragraph (a)(i), perform a damage tolerance evaluation and establish and document the associated damage tolerance inspections;

(b) The holder of a type-certificate (TC) or a restricted TC shall submit the list of all fatigue-critical modified structure (FCMS) identified in accordance with paragraph (a)(ii) to the Agency before 26 February 2022, for approval.

(c) The holder of a type-certificate (TC) or a restricted TC shall submit the damage tolerance data, including DTI, resulting from the evaluation performed in accordance with paragraph (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 paragraph (b), the holder of a type-certificate (TC) or restricted shall make that list available to operators and persons required to comply with points 26.330 and 26.370.

26.308 Damage tolerance data for existing repairs to fatigue-critical structure

(a) A holder of a type-certificate (TC) or restricted TC for a turbine-powered large aeroplane certified on or after 1 January 1958 certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lbs) 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 fatigue-critical baseline structure and the fatigue-critical modified structure identified in accordance with paragraph (a) of point 26.306 and paragraph (a)(ii) of point 26.307; (ii) perform a damage tolerance evaluation for each repair identified in accordance with paragraph (a)(i), unless previously done.

(b) The holder of a type-certificate (TC) or restricted TC shall submit the damage tolerance data, including DTI, resulting from the evaluation performed in accordance with paragraph (a)(ii) to the Agency before 26 May 2022, for approval, unless 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 type-certificate (TC) or restricted TC for a turbine-powered large aeroplane certified on or after 1 January 1958 certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lbs) or more and for which the TC or restricted TC was issued prior to 11 January 2008, shall develop repair evaluation guidelines (REGs) to establish: (i) a process for conducting surveys of affected aeroplane that enables the identification and documentation of all existing repairs affecting the fatigue-critical structure identified in accordance with paragraph (a) of point 26.306 and paragraph (a)(ii) of point 26.307; (ii) a process that enables operators to obtain a DTI for repairs identified in accordance with paragraph (a)(i); (iii) an implementation schedule that provides time frames for conducting aeroplane surveys, obtaining DTIs and incorporating DTIs into the maintenance programme of the operator of the aeroplane.

(b) The holder of a TC or a restricted TC shall submit the repair evaluation guidelines developed in accordance with paragraph (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 changes or STCs

(a) A holder of a STC issued before 26 February 2021 for a major change, or a holder of a major change 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 that have a payload capacity of 3 402 kg (7 500 lbs) or more, shall support operators required to comply with point 26.370(a)(ii) by addressing the adverse effects of those changes and repairs to those changes on the aeroplane structure and shall comply with the requirements set out in points 26.331 to 26.334.

(b) Paragraph (a) shall not apply to major changes and repairs to an aeroplane model first certified prior to 26 February 2021 when that aeroplane model meets any of the following conditions: (i) it is listed in Table A.1 of Appendix 1; (ii) it does not operate 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 have 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 holders manufacturing operation; (v) it is certified with a restricted TC and is designed primarily for firefighting;

(c) Paragraph (a) shall not apply to major changes and repairs to an aeroplane first certified prior to 26 February 2021 when the changes or repairs are not, and will not be, embodied on any aeroplane in operation on or after 26 August 2022.

(d) The exceptions provided for in paragraph (b)(ii) to (b)(v) and (c) shall apply only after the change approval holder submits a list of changes that affect fatigue-critical baseline structure, 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

A holder of a change approval shall:

(a) establish a compliance plan that addresses the requirements of points 26.332 to 26.334;

(b) submit the compliance plan referred in paragraph (a) to the Agency before 25 August 2021, for approval.

26.332 Identification of changes affecting fatigue critical structure

(a) A holder of a change approval shall: (i) review the changes and shall identify those changes that affect fatigue-critical baseline structure; (ii) for each change identified in accordance with paragraph (a)(i), identify any associated FCMS; (iii) identify the published repairs affecting each change identified in accordance with paragraph (a)(i).

(b) The holder of a change approval that was issued on or after 1 September 2003, shall develop and submit a list of the changes and FCMS identified in accordance with paragraphs (a)(i) and (a)(ii) to the Agency before 26 February 2022, for approval, and, upon approval by the Agency, make the list available to persons and operators required to comply with paragraph (b)(ii) of point 26.370.

(c) The holder of a change approval that was issued before 1 September 2003 shall: (i) develop and submit a list of the changes identified in accordance with paragraph (a)(i)to the Agency before 26 February 2022, for approval; (ii) upon request of an operator required to comply with point 26.370(a)(ii) for a change, identify and list any FCMS associated with the change and submit this data to the Agency within 12 months from the operators request, for approval; (iii) upon approval of any data submitted according to paragraphs (c)(i) and (c)(ii), make that data available to persons and operators required to comply with paragraph (b)(ii) of point 26.370.

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

(a) A holder of a change approval that was issued on or after 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 damage tolerance evaluation performed in accordance with paragraph (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 paragraph (b), for changes that did not have a damage tolerance evaluation requirement in the certification basis, the holder of a change approval identified in paragraph (a) shall submit the damage tolerance data resulting from the damage tolerance evaluation performed in accordance with paragraph (a) to the Agency, within the following deadlines, whichever occurs later, for approval: (i) prior to an aeroplane with that change embodied being operated in accordance with Annex IV (Part-CAT) to Regulation (EU) No 965/2012 ( 2 ); or (ii) before 26 February 2023.

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

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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.

(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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26.370 Continuing airworthiness tasks and aircraft maintenance programme

(a) Operators or owners of turbine-powered large aeroplanes certified on or after 1 January 1958 shall ensure the continuing airworthiness of ageing aeroplanes structures by preparing the aircraft maintenance programme provided for in point M.A.302 of Annex I (Part-M) to Commission Regulation (EU) No 1321/2014 ( 3 ) that shall include: (i) for aeroplanes certified to carry 30 passengers or more, or with a payload capacity greater than 3 402 kg (7 500 lbs), an approved damage-tolerance-based inspection programme; (ii) for 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 lbs), a means for addressing the adverse effects that repairs and modifications may have on fatigue-critical structure and on inspections provided for in point (a)(i); (iii) for aeroplanes certified with a maximum take-off weight (MTOW) greater than 34 019 kg (75 000 lbs) an approved LOV; (iv) a CPCP;

(b) The following deadlines shall apply to the obligation referred to in paragraph (a): (i) the aircraft maintenance programme shall be revised to address the requirements of points (a)(i), (a)(ii) and (a)(iv) before 26 February 2024 or before operating the aeroplane, whichever occurs later; (ii) the aircraft maintenance programme 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 an aeroplane model first certified before 26 February 2021 and: (i) that does not operate anymore after 26 February 2024 points (a)(i), (a)(ii) and (a)(iv) shall not apply; (ii) that does not operate 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 holders manufacturing operation points (a)(i), (a)(ii) and (a)(iv) shall not apply;

(d) For an aeroplane model with a restricted type certificate issued before 26 February 2021 and the primary purpose of which is firefighting, points (a)(i) and (a)(ii) shall not apply.

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SUBPART C — LARGE 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.

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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.

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Appendix I

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 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 ( *1 );