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.

(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.

(4) Implementing Regulation (EU) 2020/1159 introduced new requirements on ageing aircraft. In particular, point 26.334 of Annex I to Regulation (EU) 2015/640 implies that all holders of supplemental type-certificate issued before 1 September 2003 will have to develop the damage tolerance data whether or not this data is actually required by operators. To ensure a proportionate burden on industry, it has always been intended that this data should only be developed if required by operators and only upon their request. Regulation (EU) 2015/640 should therefore be corrected accordingly.

(5) The measures provided for in this Regulation refer to the amendments introduced by Implementing Regulation (EU) 2020/1159 which apply from 26 February 2021. For reasons of consistency, this Regulation should therefore also be applicable as of 26 February.

(6) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 127 of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1 Annex I to Regulation (EU) 2015/640 is amended in accordance with Annex I to this Regulation.

Article 2 Annex I to Regulation (EU) 2015/640 is corrected in accordance with Annex II to this Regulation.

Article 3 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 26 February 2021, except point (1) of Annex I, which shall apply from 16 February 2021.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 28 January 2021. For the Commission The President Ursula VON DER LEYEN

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

(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).

(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).