(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.’;