Proposal for a Regulation of the European Parliament and of the Council on establishing common rules in the field of civil aviation and creating a European Aviation Safety Agency
Date: 2000-09-28
Institutions: European Commission
Subjects: air safety, air transport, approximation of laws, common transport policy

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II

(Preparatory Acts)

COMMISSION

Proposal for a Regulation of the European Parliament and of the Council on establishing common
rules in the field of civil aviation and creating a European Aviation Safety Agency

(2001/C 154 E/01)

(Text with EEA relevance)

COM(2000) 595 final (cid:151) 2000/0246(COD)

(Submitted by the Commission on 4 December 2000)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) A high uniform level of protection of

the European
citizen should at all times be ensured in civil aviation,
by the adoption of
common safety rules and by
measures ensuring that products, persons and organi-
sations operating in the Community comply with such
rules and those adopted to protect the environment: this
will contribute to facilitating the free movement of goods,
persons and organisations in the internal market.

(2) As a consequence, aeronautical products must be subject
to certification to verify their airworthiness and appro-
priate
should be developed to cover
persons and organisations involved in aviation safety.

requirements

(3) The Convention on International Civil Aviation, signed in
for
Chicago on 7 December 1944, already provides
civil
minimum standards
aviation. Third-country
air
operators complying with such standards should enjoy
the rights provided for by that Convention.

to ensure
aircraft,

safety of
crew and

the
air

(4) Aeronautical products should be certified once they have
been found airworthy according to Annex 8 of
the
Chicago Convention and in compliance with essential

environmental requirements laid down by the Community
in line with standards set pursuant to that Convention.
The Commission should be empowered to develop the
necessary implementing rules.

(5) In order to achieve the Community objectives as regards
the freedom of movement of goods, persons and services,
as well as those of the common transport policy, Member
requirements or
States should accept without
evaluation, products, organisations or persons certified
in accordance with this Regulation and the implementing
rules adopted for its application.

further

(6) Enough flexibility should be provided for addressing
urgent circumstances such as urgent safety measures,
unforeseen or limited operational needs, and provisions
should also be made for reaching an equivalent safety
level by other means. Member States shall be entitled to
grant exemptions from the requirements of this Regu-
lation and of its implementing rules, provided that they
are strictly limited in scope and subject to appropriate
Community control.

its

and

event

provisions

(7) The fulfilment of the objectives of this Regulation can be
achieved through cooperation with third countries and in
that
related
implementing rules may be adapted by mutual recog-
nition agreements concluded by the Community with
such third countries. In the absence of such agreements,
Member States should nevertheless be allowed, subject to
appropriate Community
the
approvals granted to foreign products, organisations and
personnel by a third country.

recognise

control,

those

to

of

(8) It

is widely accepted that

there is a need for better
arrangements in all fields covered by this Regulation, so
that certain tasks currently performed at Community or
national level could be carried out by a specialised expert
body. There is, therefore, a need within the Community’s
existing institutional structure and balance of powers, to
establish a European Aviation Safety Agency which is
in relation to technical matters and has
independent
legal, administrative and financial autonomy. To this
end, it is necessary and appropriate that it should be a
body of the Community having legal personality and exer-
cising the implementing powers which are conferred on it
by this Regulation.

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the necessary legislation and assist

(9) In order to properly assist the Community, the Agency
should be allowed to develop its expertise in all aspects of
aviation safety and environmental protection covered by
this Regulation. It should assist the Commission in the
the
preparation of
Member States and the industry in their implementation;
it should be able to issue non-binding acceptable means
of compliance and guidance material; it should also be
able to make technical findings and issue type certificates
it should be given the
for all aeronautical products;
necessary power and authority to fulfil such tasks; and
it
the Commission in monitoring the
application of this Regulation and of the implementing
rules taken for its application and should be given the
necessary authority to do so.

should assist

set up so that decision of the Executive Director can be
subject to appeal to a specialised Board of Appeal, whose
decisions are, in turn, open to action before the Court of
Justice of the European Communities.

(13)

to guarantee the full autonomy and inde-
In order
it is considered necessary to
pendence of the Agency,
grant it an autonomous budget whose revenue comes
essentially from a contribution from the Community
and from fees paid by the users of
system.
However, the Community budgetary procedure remains
applicable as far as any subsidies chargeable to the
the European Communities
general budget of
are
concerned. Moreover,
the auditing of accounts should
be undertaken by the Court of Auditors.

the

(10)

rules,

financial

the Executive Director.

In order to effectively control the functions of the Agency
Member States,
the Commission and the European
Parliament should be represented within an Adminis-
trative Board entrusted with the necessary powers to
establish the budget, verify its execution, adopt the appro-
priate
establish transparent working
for decision-making by the Agency and
procedures
is also appropriate
It
appoint
that the Agency be allowed to conduct research activities
and to organise
coordination with the
Commission and the Member States. It is desirable that
the Agency should assist the Community and its Members
States in the field of international relations, including the
harmonisation of rules, mutual recognition of approvals
and technical cooperation, and that it should be entitled
to establish the appropriate relations with the aeronautical
authorities of third countries and the international organi-
sations competent in matters covered by this Regulation.

appropriate

(14)

(15)

(11) Public interest requires the Agency to base its safety-
related action solely on independent expertise, strictly
applying this Regulation and the implementing rules
adopted by the Commission for its application. To that
end, all safety-related Agency decisions should be made by
its Executive Director, who should be left with a high
degree of
flexibility as to how to seek advice and to
organise the internal functioning of the Agency. When,
however, the Agency has to develop drafts rules of a
general nature to be implemented by national authorities,
Member States should be involved in the decision-shaping
process.

for

the exercise of

In accordance with Article 2 of Council Decision
1999/468/EC of 28 June 1999 laying down the
implementing powers
procedures
conferred on the Commission (1), measures
the
implementation of this Regulation should be adopted by
use of the advisory procedure provided for in Article 3 of
the regulatory procedure
that Decision or by use of
provided for in Article 5 of that Decision, as the case
may be.

for

In accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of the Treaty, the
objectives of
the proposed action, namely the estab-
lishment of common rules in the field of aviation safety
and environmental protection complying with the
Chicago Convention and their permanent supervision by
a European body created for that purpose, cannot be
sufficiently achieved by the Member States and can
therefore, by reason of the European-wide scope of this
Regulation, be better achieved by the Community. This
Regulation confines itself to the minimum required in
order
to achieve those objectives and does not go
beyond what is necessary for that purpose.

for

the

definition

framework

(16) This Regulation establishes a more appropriate and
comprehensive
and
implementation of common technical requirements and
administrative procedures in the field of civil aviation.
Council Regulation (EEC) No 3922/91 of 16 December
technical requirements
1991 on the harmonisation of
in the
and administrative procedures
civil
field of
aviation (2)
repealed, without
be
therefore
should
prejudice to the certification of products, persons and
organisations already performed in accordance with that
Regulation.

(12)

It is necessary to ensure that parties affected by decisions
made by the Agency enjoy the necessary legal remedies in
a manner which is suited to the special character of
aviation. An appropriate appeal mechanism should be

(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 373, 31.12.1991, p. 4; Regulation as last amended by Regu-

lation (EC) No 1069/1999 (OJ L 130, 26.5.1999, p. 16).

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(17)

It has been widely recognised that a wide involvement of
European countries not Members of the European Union
should be pursued, so as to ensure a proper pan-European
dimension in order
to facilitate the improvement of
aviation safety throughout Europe. Only those European
countries
that have concluded agreements with the
Community to fully adopt and apply the Community
acquis in the field covered by this Regulation can be
associated with its work according to conditions to be
agreed in the framework of such agreements,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

PRINCIPLES

Article 1

Scope

1.

This Regulation shall be applicable to:

(a) the design, production, maintenance and operation of aero-

nautical products and appliances;

(b) personnel and organisation involved in the tasks described

in point (a);

covered by this Regulation,
uniform implementation in the Community; and

in order to facilitate their

(d) to promote Community views of aviation safety standards
and rules throughout the world by establishing appropriate
cooperation with third countries and international organi-
sations.

The means of achieving the objectives

3.
paragraphs 1 and 2 shall be:

set out

in

(a) the preparation, adoption and uniform application of all

necessary acts;

(b) the

of
recognition without
documents
approvals
licences,
certificates,
granted to products, personnel
in
accordance with this Regulation and implementing rules
taken for its application;

additional
or
and organisations

requirements
other

(c) the establishment of a European Aviation Safety Agency.

Article 3

Definitions

(c) products, personnel and organisations involved in air navi-

gation facilities.

1.

For the purpose of this Regulation:

It
shall not apply when such products and appliances,
personnel and organisations are engaged in military, customs
or police operations.

2.
Each Member State shall ensure that military, customs or
police operations are compatible with the objectives of this
Regulation.

Article 2

Objective

The principal objective of this Regulation is to establish a

1.
high uniform level of aviation safety in Europe.

Additional objectives are,

2.
Regulation:

in the fields covered by this

(a) to facilitate the free movement of goods, persons and

services;

(b) to promote cost-efficiency in the regulatory and certifi-

cation processes;

(c) to ensure a common interpretation of the provisions and
Annexes of the Chicago Convention dealing with subjects

(a) (cid:145)continuing oversight(cid:146): shall mean the tasks to be conducted
to verify that the conditions under which a certificate has
been granted continue to be fulfilled at any time during its
period of validity, as well as the taking of any safeguard
measure;

(b) (cid:145)Chicago Convention(cid:146): shall mean the Convention on Inter-
national Civil Aviation and its annexes, signed in Chicago
on 7 December 1944, as subsequently amended, as in force
and as applicable to all Member States at the entry into
force of this Regulation;

(c) (cid:145)product(cid:146): shall mean an aircraft, engine or propeller;

(d) (cid:145)appliance(cid:146):

instrument,

shall mean

equipment,
any
mechanism, apparatus or accessory used or intended to
be used in operating an aircraft
in flight, whether
installed in, intended to be installed in, or attached to, an
aircraft, but without forming part of an airframe, engine or
propeller;

(e) (cid:145)certification(cid:146): shall mean any form of recognition that a
product, organisation or person complies with the
this
applicable requirements including the provisions of
its
Regulation and the implementing rules
taken for
application, as well as
the relevant
the issuance of
certificate,
licence, approval or other document attesting
such compliance;

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(f)

(cid:145)type certificate(cid:146): shall mean a document which certifies that
the type of products or appliance complies with the
provisions of this Regulation and any implementing rules
taken for its application;

(g) (cid:145)commercial transportation(cid:146): shall mean carriage performed
by aircraft of passengers, mail and/or cargo for remun-
eration and/or hire;

(h) (cid:145)qualified entity(cid:146): shall mean a body (cid:151) whether national
aviation authority or any other legal person (cid:151) which
may conduct certification tasks under the control and the
responsibility of the Agency.

In accordance with the procedure referred to in Article
2.
this Regulation may be
53(3), Articles 3(1)b and 5(1) of
adapted and its Annex may be amended,
in order to apply,
for the purpose of this Regulation, subsequent amendments to
the Chicago Convention, which enter into force after the
adoption of this Regulation and which become applicable in
all Member States.

CHAPTER II

SUBSTANTIVE REQUIREMENTS

Article 4

Basic principles

Products and appliances shall not be used in the territory
1.
of the Member States unless they are certified as complying
with the provisions of this Regulation relating to airworthiness
and those relating to environmental protection.

Article 6

Essential requirements for environmental protection

1.
Products and appliances shall be subject to noise certifi-
cation in accordance with the provisions of Council Directive
80/51/EEC (1).

The

Commission
for

necessary
the
2.
implementing rules
certification referred to in
paragraph 1 in accordance with the procedure laid down in
Article 53(3).

shall
the

prescribe

Article 7

Other basic principles and essential requirements

With regard to the basic principles and essential requirements
for the fields covered by points (b) and (c) of Article 1(1), the
Commission shall, where appropriate and as soon as possible,
submit proposals thereon to the European Parliament and the
Council for adoption on the basis of Article 80(2) of the Treaty.

Article 8

Recognition of certificates

States

shall, without

1. Member
technical
requirements or evaluation, recognise the certificates issued in
accordance with this Regulation. When the original recognition
is for a particular purpose, or purposes, any subsequent recog-
nition shall only cover the same purpose(s).

further

2.
Paragraph 1 shall apply to third-country aircraft, organi-
sations and personnel without prejudice to their rights as
specified in applicable international Conventions and to the
Chicago Convention.

2.
Pending the adoption of the necessary implementing rules
and without prejudice to Article 56, certificates which cannot
be issued in accordance with this Regulation may be issued on
the basis of the current national regulations.

Article 5

Essential requirements for airworthiness

1.
Products and appliances shall be considered as airworthy
if they meet the standards prescribed in parts I, III and IV of
Annex 8 to the Chicago Convention shown in the Annex to
this Regulation, and if they are maintained in such a way that
flight safety continues to be ensured.

2. When products and appliances have been shown to be
airworthy and maintained in accordance with paragraph 1, the
appropriate certificate shall be granted. Such a certificate shall
include the conditions under which products and appliances
are allowed to operate and their conditions of maintenance.

The Commission shall adopt,

3.
in accordance with the
procedure laid down in Article 53(3), the implementing rules
for the application of paragraphs 1 and 2 specifying the
conditions under which products and appliances are certified
and maintained.

Article 9

Acceptance of third-country approvals

1.
By way of derogation from the provisions of this Regu-
lation and the rules adopted for its implementation, Member
States or the Agency may issue certificates on the basis of
certificates
issued by aeronautical authorities of a third
country, as provided for in mutual recognition agreements
between the Community and that country.

2.
In the absence of any mutual recognition agreement,
where a Member State intends to issue certificates on the
basis of certification issued by the competent authorities of a
third country, it shall notify the Commission and the Member
States of the scope and the detailed conditions under which the
certificates should be issued.

(1) OJ L 18, 24.1.1980, p. 26; Directive as amended by Directive

83/206/EEC (OJ L 117, 4.5.1983, p. 15).

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The Commission may, in accordance with the procedure laid
down in Article 53(2), require a Member State to modify the
certificates it proposes to issue, or may require it not to issue
such certificates if, within three months of the notification, the
Commission considers that:

(a) the conditions under which such certificates would be
issued do not provide a level of safety equivalent to that
specified by this Regulation and the rules taken for its
application; and/or

(b) such certificates would give an unfair advantage to a third
country, or are contrary to Community policy vis-(cid:224)-vis such
third country.

the objectives of
Community law.
revoke the exemption.

rule of
this Regulation, or some other
In such a case the Member State shall

In circumstances where a safety level equivalent to that
5.
attained by the application of
the implementing rules for
Articles 4 to 7, can be achieved by other means, Member
States may, without discrimination on grounds of nationality
of the applicants and having regard to the need not to distort
competition, grant approval derogating from those Articles. In
such cases,
the Member State concerned shall notify the
Commission before granting such approval and shall give
reasons demonstrating the need to derogate, as well as the
level of
conditions foreseen to ensure that an equivalent
safety is achieved.

Certificates issued on the basis of the first subparagraph shall
expire upon the entry into force of an agreement between the
Community and the third country in question, but not later
than two years after the issuance of such certificates. Upon
request by the Member State concerned,
the
in
issuance of
accordance with the procedure laid down in Article 53(2),
authorise the extension of such two-year period as appropriate,
provided that
the circumstances envisaged in the second
subparagraph do not obtain.

in respect of
the Commission may,

certificates,

any

Article 10

Flexibility provisions

1.
The provisions of this Regulation and of rules adopted for
its implementation shall not prevent a Member State from
reacting immediately to a safety problem which involves a
product, a person or an organisation subject to the provisions
of this Regulation. In such a case the Member State shall notify
to the Commission and to the other Member States the
measures taken and the reasons therefor.

The Commission shall decide,

2.
in accordance with the
procedure referred to in Article 53(3), whether an inadequate
level of safety or a shortcoming in this Regulation or the rules
adopted for its application justify the continuing application of
the measures adopted pursuant to paragraph 1. In that event, it
shall also take the necessary steps to amend the related rule. If
the Member State’s measures are found not to be justified, the
Member State shall revoke the measures in question.

grant

exemptions

States may

3. Member
from the
substantive requirements laid down in this Regulation and
the rules adopted for its implementation in the event of
unforeseen urgent operational circumstances or operational
needs of a limited duration. In these cases the Commission
and the other Member States shall be notified as soon as
possible.

The Commission,

4.
in accordance with the
procedure referred to in Article 53(3), may decide that
exemptions granted under paragraph 3 do not comply with

acting

acting

The Commission,

in accordance with the
6.
procedure referred to in Article 53(3), shall decide whether a
proposed approval affords an equivalent level of safety and can
be granted. In such a case,
it will notify its decision to all
Member States, which shall also be entitled to apply that
implementing rules may also be
measure. The relevant
amended to reflect such a measure. The provisions of Article
8 shall apply to the measure in question.

Article 11

Dissemination and protection of information

The information collected during the application of this
the Agency, and national
to
the

1.
Regulation by the Commission,
aviation authorities
Directive 95/46/EC of
Council (1).

shall be confidential and subject
the European Parliament and of

The Commission,

2.
the Agency, national aviation auth-
orities and any entity entrusted under Council Directive
94/56/EC (2) with the investigation of civil aviation accidents
and incidents within the Community shall have access to
information referred to in paragraph 1.

The Commission may, in accordance with the procedures
3.
referred to in Article 53(3), decide on the release of selected
information to interested parties. Such decisions, which may be
generic or individual, shall be based on the need:

(a) to provide persons and organisations with the information

they need to improve aviation safety; and

(b) to limit the dissemination of information to what is strictly

required for the purpose of its users.

In order to inform the public of the general safety level, a

4.
safety review shall be published annually by the Agency.

(1) OJ L 281, 23.11.1995, p. 31.
(2) OJ L 319, 12.12.1994, p. 14.

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CHAPTER III

THE EUROPEAN AVIATION SAFETY AGENCY

S e c t i o n 1

Tasks

Article 12

Establishment and functions of the Agency

1.
For the purpose of the implementation of this Regulation,
a European Aviation Safety Agency, hereinafter referred to as
(cid:145)the Agency(cid:146), is established.

including
the adoption of the necessary implementing rules,
foreseen in
those applicable to products and appliances
Articles 5(3) and 6(2),
the Agency shall prepare drafts
thereof. These drafts shall be submitted by the Agency as
opinions to the Commission.

2.
The Agency shall, in strict compliance with this Regu-
lation and the implementing rules adopted by the Commission
for its implementation, in accordance with Article 44, develop
non-binding acceptable means of compliance and guidance
material to be used in the certification process.

In order to ensure the proper functioning and devel-

2.
opment of aviation safety the Agency shall:

Article 15

Certification

(a) undertake any task and formulate opinions on all matters

covered by this Regulation;

With regard to products and appliances, the Agency shall:

(b) assist the Commission by preparing measures to be taken
for the implementation of this Regulation and provide it
with the necessary technical, scientific and administrative
support to exercise its tasks;

(c) adopt the necessary acts within the powers conferred to it
by this Regulation or any applicable Community legislation;

(d) conduct inspections and investigations as necessary to fulfil

its tasks.

Article 13

Typology of acts

The Agency may adopt the following:

(a) opinions addressed to the Commission;

(b) non-binding acceptable means of compliance and any
this Regulation

for the application of

guidance material
and of the rules for its implementation;

(c) decisions for the application of Articles 15, 46 and 47.

(a) conduct,

itself or

through qualified entities,

technical
inspections required to check that their type is airworthy,
in accordance with the rules adopted in respect of
the
design of products and appliances according to the
conditions
adopted
in the
pursuant to Article 5(3);

implementing

rules

set

(b) issue the appropriate type certificates, including the certifi-
cation of design organisations according to the conditions
set out
to
Article 5(3), and ensure continuing oversight;

in the implementing rules adopted pursuant

(c) modify, suspend or revoke the relevant type certificate if a
legal or natural person fails to fulfil the obligations imposed
on it by this Regulation or rules adopted for its implemen-
tation;

(d) react immediately to any safety problem for products and
appliances it has certified;
in such cases, the procedures
referred to in Article 10, paragraphs 1 and 2, shall apply.

Article 16

Monitoring the application of rules

The Agency shall conduct

1.
to verify the
application by the Member States of this Regulation and of
any implementing rules adopted by the Commission, and
shall report to the Commission.

inspections

Article 14

Development of opinions, acceptable means of compliance
and guidance material

1.
In order to assist the Commission in the preparation of
proposals for basic principles and essential requirements to be
presented to the European Parliament and to the Council and

The Agency shall conduct technical investigations into the
2.
application of Article 10 and any rules adopted for
the
implementation of this Regulation, subject to requirements to
be adopted in accordance with the procedure referred to in
Article 53(2).

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Article 17

Research

Article 20

Staff

1.
The Agency may develop and finance research activities
strictly relating to the improvement activities in its field of
competence, without prejudice to the applicable Community
law.

The Agency shall coordinate its research and devel-
2.
opment activities with those of
the Commission and the
Member States so as to ensure that policies and actions are
mutually consistent.

Article 18

Relations with third countries

1.
The Agency may assist the Community and its Member
States in their relations with third countries in accordance with
the relevant Community legislation. It shall, in particular, upon
request, assist
the Commission in its negotiations for the
harmonisation of the relvant rules and for the mutual recog-
nition of approvals attesting the satisfactory application of
rules.

2.
The Agency may cooperate with the aeronautical auth-
orities of third countries and the international organisations
in matters covered by this Regulation in the
competent
concluded by the
framework of working arrangements
Commission with those bodies.

S e c t i o n 2

Internal structure

Article 19

Legal status, location, local offices

The Agency shall be a body of the Community. It shall

1.
have legal personality.

The Staff Regulations of Officials of

1.
the European
the Conditions of Employment of Other
Communities,
Servants of the European Communities and the rules adopted
jointly by the institutions of the European Communities for
those Staff Regulations and
purposes of
the
conditions of Employment shall apply to the staff of
Agency, without prejudice to the application of Article 33 of
this Regulation to the members of the Board of Appeal.

the application of

2. Without prejudice to Article 30, the powers conferred on
the appointing authority by the Staff Regulations, and by the
Conditions of Employment of Other Servants,
shall be
exercised by the Agency in respect of its own staff.

3.
The Agency’s staff shall consist of a strictly limited
number of officials assigned or seconded by the Commission
or Member States
to carry out management duties. The
remaining staff shall consist of other employees recruited by
the Agency for a period strictly limited to its requirements.

Article 21

Privileges and immunities

The Protocol on the Privileges and Immunities of the European
Communities shall apply to the Agency.

Article 22

Liability

The contractual liability of the Agency shall be governed

1.
by the law applicable to the contract in question.

2.
The Court of Justice of the European Communities shall
have jurisdiction to give judgment pursuant to any arbitration
clause contained in a contract concluded by the Agency.

2.
In each of the Member States, the Agency shall enjoy the
most extensive legal capacity accorded to legal persons under
their laws. It may in particular, acquire or dispose of movable
and immovable property and may be a party to legal
proceedings.

3.
In the case of non-contractual liability, the Agency shall,
in accordance with the general principles common to the laws
of the Member States, make good any damage caused by its
departments or by its servants in the performance of their
duties.

the latest
this Regulation, on a proposal

the Agency shall be decided by the
3.
The location of
the
competent authorities, at
adoption of
from the
Commission. With the consent of the Administrative Board
referred to in Article 24, the Agency may establish its own
local offices in the Member States, subject to their consent.

six months after

The Court of Justice shall have jurisdiction in disputes
the damage referred to in

4.
relating to compensation for
paragraph 3.

4.

The Agency shall be represented by its Executive Director.

5.
The personal liability of its servants towards the Agency
shall be governed by the provisions laid down in the Staff
Regulations or Conditions of Employment applicable to them.

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Article 23

Languages

1.
English shall be the working language of the Agency.
Opinions addressed to the Commission for the application of
Article 14(1) shall be presented in all official languages of the
Community. Acceptable means of compliance and guidance
material for the application of Article 14(2) shall be available
in English. Applications to the Agency for certification, the
documents
such applications and all
other papers submitted may be filed in one of the official
languages of the Community and, when so required by the
relevant rule, in English. Individual decisions and procedures
linked to such application shall be available in the language
used by the addressee.

required to process

2.
The translation services required for the functioning of
the Agency shall be provided by the Translation Centre of the
Bodies of the Union.

Article 24

Creation and powers of the Administrative Board

An Administrative Board is hereby set up.

The Administrative Board shall:

1.

2.

(a) appoint the Executive Director in accordance with Article

30;

(b) before 31 March each year, adopt the general report of the
to the
the Commission and

the previous year and forward it

the Council,

Agency for
European Parliament,
the Member States;

(c) before 30 September each year, and after approval from the
Commission, adopt the Agency’s programme of work for
the coming year and forward it to the European Parliament,
the Council, the Commission and the Member States;

(d) adopt guidelines for the allocation of certification tasks to
qualified entities after approval from the Commission;

Article 25

Composition of the Administrative Board

The Administrative Board shall be composed of one represen-
the
tative of each Member State, one representative of
Commission and one
the
appointed by
European Parliament, and their alternates. The duration of
the terms of office shall be five years. This term of office
shall be renewable.

representative

Article 26

Chairmanship of the Administrative Board

1.
The Administrative Board shall elect a chairman and a
Deputy Chairman from among its members. The Deputy
Chairman shall ex-officio replace the Chairman in the event of
his being prevented from attending to his duties.

The terms of office of

2.
the Chairman and Deputy
Chairman shall expire when their respective membership of
to this provision,
the Administrative Board ceases. Subject
the duration of
the Chairman or
the terms of office of
Deputy Chairman shall be three years. These terms of office
shall be renewable.

Article 27

Meetings

1. Meetings of the Administrative Board shall be convened
by its Chairman.

The Executive Director of the Agency shall take part in

2.
the deliberations.

The Administrative Board shall hold an ordinary meeting
3.
once a year; in addition it shall meet at the instance of the
Chairman or at the request of the Commission or of one-third
of the Member States.

(e) establish procedures for making decisions by the Executive

Director as referred to in Articles 44 and 45;

The Administrative Board may invite observers to attend

4.
its meetings.

(f) carry out

its functions relating to the Agency’s budget

pursuant to Articles 49, 50 and 51;

5.
The secretariat
provided by the Agency.

for the Administrative Board shall be

(g) appoint the members of the Board of Appeal pursuant to

Article 33;

(h) exercise disciplinary authority over the officials referred to

in Article 30(1) and (3).

3.
The Administrative Board shall establish an advisory body
of interested parties, which it shall consult prior to making
decisions in the fields referred in points (c),
(e) and (f) of
paragraph 2.

Article 28

Voting

The Administrative Board shall take its decisions by a

1.
two-thirds majority.

Each member shall have one vote. The Executive Director

2.
of the Agency shall not vote.

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Article 29

Functions and powers of the Executive Director

The Executive Director may be assisted by one or more
3.
Directors. If the Executive Director is absent or indisposed, one
of the Directors shall take his/her place.

1.
The Agency shall be managed by its Executive Director,
who shall be completely independent in the performance of
his/her
respective
the Commission and the Administrative
competencies of
Board,
take
instructions from any government or from any other body.

the Executive Director shall neither seek nor

duties. Without

prejudice

the

to

The Executive Director shall have the following functions

2.
and powers:

(a) He/she shall adopt the acts of the Agency as defined in
Article 13 within the limits specified by this Regulation,
the rules adopted for its implementation and any applicable
law.

(b) He/she shall decide on inspections and investigations as

provided for in Articles 47 and 48.

(c) He/she shall allocate certification tasks to qualified entities
according to guidelines set by the Administrative Board.

(d) He/she shall undertake any international

technical cooperation with third countries pursuant
Article 18.

functions and
to

(e) He/she shall take all necessary steps, including the adoption
of internal administrative instructions and the publication
of notices,
the Agency in
accordance with the provisions of this Regulation.

to ensure the functioning of

(f) He/she shall prepare each year a draft general report and

submit it to the Administrative Board.

(g) He/she shall exercise in respect of the staff the powers laid

down in Article 20(2).

(h) He/she shall draw up estimates of the revenues and expen-
the Agency pursuant to Article 49, and shall

diture of
implement the budget pursuant to Article 50.

(i) He/she may delegate his/her powers to other members of
to be adopted in
the Agency’s
accordance with the procedure referred to in Article 53(2).

to rules

subject

staff

The Directors of

4.
the Agency shall be appointed or
dismissed as provided for in paragraphs 1 and 2, after consul-
tating the Executive Director.

Article 31

Establishment and powers of the Boards of Appeal

One or more Boards of Appeal shall be established within

1.
the Agency.

2.
The Board or Boards of Appeal shall be responsible for
deciding on appeals against the decisions referred to in Article
35.

3.
The Board or Boards of Appeal shall be convened as
necessary. The number of Boards of Appeal and the work
allocation shall be determined by the Commission according
to the procedure referred to in Article 53(2).

Article 32

Composition of the Boards of Appeal

A Board of Appeal shall consist of a Chairman and two

1.
other members.

The Chairman shall

2.
members and their
qualified members established pursuant to Article 33(1).

for each case the other
from the list of

respective alternates

select

Where the Board of Appeal considers that the nature of the
appeal so requires, it may call up to two further members from
the aforesaid list for that case.

3.
The qualifications required for the members of each
Board of Appeal, the powers of individual members in the
preparatory phase of the decisions and the voting conditions
shall be determined by the Commission according to the
procedure referred to in Article 53(2).

Article 30

Appointment of senior officials

Article 33

1.
The Executive Director of the Agency shall be appointed
or dismissed by the Administrative Board on a proposal from
the Commission.

The term of office of the Executive Director shall be five

2.
years. This term of office shall be renewable.

Independence of the members of the Boards of Appeal

1.
The members of the Boards of Appeal, as well as their
Chairmen and their respective alternates shall be appointed by
the Administrative Board from a list of candidates which shall
be proposed by the Commission. The term of office shall be
five years. It shall be renewable.

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The members of the Boards of Appeal shall be inde-
2.
pendent. In making their decisions they shall not be bound
by any instructions.

An appeal against a decision which does not terminate
3.
proceedings as regards one of the parties may only be made in
conjunction with an appeal against the final decision, unless
the decision provides for separate appeal.

3.
The members of the Boards of Appeal may not perform
any other duties in the Agency. The function of the members
of the Boards of Appeal may be a part-time function.

4.
The members of the Boards may not be removed either
from office or from the list during their respective terms,
unless there are serious grounds for such removal and the
Court of
Justice, on application by the Commission after
obtaining the opinion of the Administrative Board, takes a
decision to this effect.

Article 36

Persons entitled to appeal

Any natural or legal person may appeal, subject to Article 42,
against a decision addressed to that person, or against a
decision which, although in the form of a decision addressed
to another person, is of direct and individual concern to the
former. The parties to proceedings may be party to the appeal
proceedings.

Article 34

Exclusion and objection

Article 37

Time-limit and form

1. Members of the Boards of Appeal may not take part in
any appeal proceedings if
interest
therein, or if they have previously been involved as represen-
tatives of one of the parties to the proceedings, or if they
participated in the decision under appeal.

they have any personal

The appeal, together with the statement of grounds thereof,
shall be filed in writing at the Agency within two months of
the notification of the measure to the person concerned, or, in
the absence thereof, of
the day on which it came to the
knowledge of the latter, as the case may be.

2.
If, for one of the reasons mentioned in paragraph 1 or for
any other reason, a member of a Board of Appeal considers
that he/she should not take part in any appeal proceedings, he
shall inform the Board of Appeal accordingly.

3. Members of the Boards of Appeal may be objected to by
any party to the appeal proceedings on any of the grounds
mentioned in paragraph 1, or if suspected of partiality. An
objection shall not be admissible if, while being aware of a
reason for objecting, the party to the appeal proceedings has
taken a procedural step. No objection may be based on the
nationality of members.

4.
The Boards of Appeal shall decide as to the action to be
taken in the cases specified in paragraphs 2 and 3 without the
participation of the member concerned. For the purposes of
taking this decision, the member concerned shall be replaced
on the Board of Appeal by his alternate.

Article 35

Decisions subject to appeal

An appeal may be brought against decisions of

the
1.
Agency which have been taken pursuant
to Article 15 or
Article 48, as well as against decisions relating to the fees
pursuant to Article 52.

An appeal lodged pursuant to paragraph 1 shall not have
2.
suspensory effect. The Agency may, however,
if it considers
that circumstances so permit, suspend the application of the
contested decision.

Article 38

Interlocutory revision

If

the Agency which has prepared the
1.
the body of
decision considers the appeal
to be admissible and well-
founded, the Agency shall rectify the decision. This shall not
apply where the appellant is opposed to another party to the
appeal proceedings.

the statement of grounds

If the decision is not rectified within one month after
2.
receipt of
the
Agency shall forthwith decide whether or not to suspend the
application of the decision pursuant to the second sentence of
to the Board of
Article 35(2), and shall remit
Appeal.

the appeal,

the appeal

for

Article 39

Examination of appeals

If the appeal

1.
examine whether the appeal is well-founded.

is admissible, the Board of Appeal shall

2. When examining the appeal, the Board of Appeal shall as
often as necessary invite the parties to the appeal proceedings
to file observations on notifications issued by itself or on
communications
appeal
from the other parties
proceedings, within specified time-limits. Parties to the appeal
proceedings shall be entitled to make oral presentations.

to the

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Article 40

Decisions on appeal

The Board of Appeal may exercise any power which lies within
the competence of the Agency, or it may remit the case to the
competent body of the Agency. The latter shall be bound by
the decision of the Board of Appeal.

Article 41

Actions before the Court of Justice

S e c t i o n 3

Working methods

Article 44

Procedures for the development of opinions, acceptable
means of compliance and guidance material

1.
As soon as possible after the entry into force of this
Regulation, the Administrative Board shall establish transparent
procedures
acceptable means of
compliance and guidance material referred to in points (a)
and (b) of Article 13.

adopting opinions,

for

Actions may be brought before the Court of
1.
against decisions of the Boards of Appeal on appeals.

Justice

Those procedures shall:

infringement

The action may be brought on grounds of

lack of
2.
competence,
procedural
of
requirement, infringement of the Treaty, of this Regulation or
of any rule of
law relating to its application, or misuse of
power.

essential

an

The Court of Justice has jurisdiction to annul or to alter

3.
the contested decision.

4.
The action shall be open to any party to proceedings
before the Board of Appeal adversely affected by its decision.

5.
The action shall be brought before the Court of Justice
within two months of the date of notification of the decision of
the Board of Appeal.

6.
The Agency shall be required to take the necessary
measures to comply with the judgment of the Court of Justice.

Article 42

Representative

Persons who are not domiciled or do not have a seat or an
establishment within the territory of the Member States may
participate as party to proceedings before the Agency only if
they have designated a procedural
representative who is
domiciled or has his seat or an establishment within the
territory of the Community.

(a) draw on expertise available in the aviation regulatory auth-

orities of Member States;

(b) as appropriate,

interested
parties when the Agency develops opinions and guidance
material;

involve experts from relevant

(c) ensure that

the Agency publishes and consults widely,
according to a timetable and a procedure which includes
an obligation on the Agency to make a written response to
the consultation process.

to Article 14, develops
2. When the Agency, pursuant
opinions and guidance material
to be applied by Member
States, it may create a working group in which each Member
State is entitled to designate an expert.

3.
Acts referred to in points (a) and (b) of Article 13 and the
procedures adopted pursuant to paragraph 1 of this Article
shall be published in an official publication of the Agency.

4.
Special procedures may be developed to address
immediate action to be taken by the Agency to react to a
safety problem and to inform the relevant interested parties
of the action they are to take.

Article 45

Decisions

Article 43

Direct appeal

The Administrative Board shall establish transparent
1.
procedures for taking individual decisions as provided for in
point (c) of Article 13.

1. Member States may lodge a direct appeal before the Court
of Justice against decisions of the Agency pursuant to Article
15.

Those procedures shall:

The provisions laid down in Article 41 shall apply mutatis

2.
mutandis.

(a) ensure the hearing of the natural or legal person to be

addressed in the decision;

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(b) provide for the procedure of notification of a decision to a

natural or legal person and its publication;

(c) inform the natural or legal person to whom a decision is
addressed of the legal remedies available to that person
under this Regulation.

The Administrative Board shall also adopt procedures spec-
ifying the conditions under which decisions are notified
while taking due account of the appeal procedure.

Special procedures may be developed to address
2.
immediate action to be taken by the Agency to react to a
safety problem and to inform the relevant interested parties
of the action they are to take.

Article 46

Investigating powers

Without prejudice to the enforcement powers conferred by the
Treaty to the Commission,
the Agency may undertake all
necessary investigations and inspections for the purpose of
carrying out the duties assigned to it by this Regulation. It
may also allocate investigation tasks to qualified entities in
accordance with the guidelines to be adopted by the Adminis-
trative Board after approval from the Commission.

Article 47

Inspections of Member States

application
rules,

its
1.
the
For
implementing
and
qualified entities shall be undertaken by the Agency. To this
end, the officials authorised by the Agency are empowered:

inspections of Member

this Regulation

and
States

of

(a) to examine relevant records, data, procedures and any other
to the achievement of aviation safety

material relevant
levels in accordance with this Regulation;

(b) to take copies of or extracts from such records, data,

procedures and other material;

(c) to ask for oral explanations on site;

(d) to enter any premises, land or means of transport.

2.
The officials of the Agency authorised for the purpose of
these inspections shall exercise their powers upon production
of an authorisation in writing specifying the subject-matter, the
purpose of the inspection and the date on which it is to begin.
In good time before the inspection, the Agency shall inform
the Member State concerned of
the
identity of the authorised officials.

the inspection and of

The Member State concerned shall

3.
inspections
concerned also submit to inspections.

ensure

shall

that

and

submit
or

bodies

to such
persons

4. When an inspection under the terms of
this Article
entails an inspection of an undertaking or an association of
undertakings,
such
inspection,
the Member State concerned shall afford the
necessary assistance to officials authorised by the Agency to
enable them to make their inspection.

an undertaking opposes

and where

Article 48

Investigation of undertakings

1.
For the application of Article 15, investigation of under-
takings shall be undertaken by the Agency or by qualified
entities. To this end, the officials authorised under this Regu-
lation, are empowered:

(a) to examine the relevant records, data, procedures and any
other material relevant to the achievement of aviation safety
levels in accordance with this Regulation;

(b) to take copies of or extracts from such records, data,

procedures and other material;

(c) to ask for an oral explanation on site;

(d) to enter any premises, lands or means of transport.

2.
The officials authorised for the purpose of these investi-
gations shall exercise their powers upon production of an
authorisation in writing specifying the subject-matter and
purpose of the investigation.

3.
In good time before the investigation, the Agency shall
inform the Member State concerned in whose territory the
investigation is to be made, of the investigation and of the
identity of the authorised officials. Officials of the Member
State concerned shall, at the request of the Agency, assist the
authorised officials in carrying out their duties.

S e c t i o n 4

Financial requirements

Article 49

Budget

1.

The revenues of the Agency shall consist of:

(a) a contribution from the Community and from any
European third country with which the Community has
concluded agreements referred to in Article 54;

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(b) the fees paid by applicants for and holders of certificates

and approvals issued by the Agency; and

(c) charges for publications, training and any other services

provided by the Agency.

The expenditure of the Agency shall

2.
administrative, infrastructural and operational expenses.

include the staff,

The Executive Director shall draw up an estimate of the
the Agency for the following
to the Administrative

3.
revenues and expenditure of
financial year and shall
Board together with an establishment plan.

forward it

4.

Revenue and expenditure shall be in balance.

the
The Administrative Board shall, by 31 March, at
5.
latest, adopt the draft budget and forward it to the Commission
and to the States with which the Community has concluded
the agreements referred to in Article 54.

that draft budget,

the Commission shall
On the basis of
establish the relevant estimates
in the preliminary draft
general budget of the European Communities, which it shall
put before the Council pursuant to Article 272 of the Treaty.

After receiving the draft budget, the States referred to in the
first subpararaph will establish their own preliminary draft
budget.

The Administrative Board shall adopt

6.
the Agency’s
budget, adjusting it where necessary to the Community
contribution.

Article 51

Financial provisions

The Administrative Board, having received the agreement of
the Commission and the opinion of the Court of Auditors,
shall adopt the Agency’s Financial Regulation, which shall in
particular specify the procedure to be used for drawing up and
implementing the Agency’s budget, in accordance with Article
the Financial Regulation applicable to the general
142 of
budget of the European Communities.

Article 52

Fees regulation

The Commission,

1.
in accordance with the
procedure laid down in Article 53(3), shall adopt the fees
regulation.

acting

2.
The fees regulation shall determine in particular the
matters for which fees pursuant to Article 49(1) are due, the
amount of the fees and the way in which they are to be paid.

3.

Fees shall be charged for:

(a) the issuing and renewal of certificates, as well as the related

continuing oversight functions;

(b) the provision of services or documentation;

they shall

reflect the actual cost of each individual provision;

(c) the processing of appeals.

Article 50

All fees shall be expressed, and payable, in euro.

Implementation and control of the budget

The Executive Director shall implement the budget of the

1.
Agency.

Control of commitment and payment of all expenditure
2.
and control of the existence and recovery of all revenue of the
Agency shall be carried out by the Financial Controller of the
Commission.

By 31 March each year at

3.
the Executive
Director shall submit to the Commission, the Administrative
Board and the Court of Auditors the detailed accounts of all
revenue and expenditure from the previous financial year.

the latest,

The amount of the fees shall be fixed at such a level as to
is in principle

4.
ensure that
sufficient to cover the full cost of the services delivered.

the revenue in respect

thereof

The contribution referred to in Article 49(1), may cover, for a
transitional period ending on 31 December of the fourth year
from the entry into force of this Regulation, the expenditure
relating to the initial
In
accordance with the procedure laid down in Article 53(3),
this period may be extended, if necessary, for no more than
one year.

running phase of

the Agency.

The Court of Auditors
in
accordance with Article 248 of the Treaty. It shall publish a
report on the Agency’s activities every year.

shall examine those accounts

4.
The Administrative Board shall, on recommendation of
the European Parliament, give a discharge to the Executive
Director of the Agency in respect of the implementation of
the budget.

CHAPTER IV

FINAL PROVISIONS

Article 53

Committee

The Commission shall be assisted by a committee
the Member States and

1.
composed of
representatives of
chaired by the representative of the Commission.

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2. Where reference is made to this paragraph, the advisory
procedure laid down in Article 3 of Decision 1999/468/EC
shall apply in compliance with Article 7 and Article 8 thereof.

Article 55

Commencement of Agency’s operation

3. Where reference is made to this paragraph, the regulatory
procedure laid down in Article 5 of Decision 1999/468/EC
shall apply in compliance with Article 7 and Article 8 thereof.

The period provided for
1999/468/EC shall be one month.

in Article 5(6) of Decision

Article 54

Participation of European third countries

The Agency shall be open to the participation of European
third countries which are Contracting Parties to the Chicago
Convention and which have entered into agreements with the
European Community whereby they have adopted and are
applying Community law in the field covered by this Regu-
lation and any rule adopted for its implementation.

the

relevant

agreements,
provisions
Under
arrangements will be developed which shall, inter alia, specify
the nature and extent of, and the detailed rules for, the partici-
pation by these countries in the work of the Agency, including
provisions on financial contributions and staff.

these

of

The Agency shall assume fully the tasks incumbent upon it
to this Regulation as from 12 months after the
pursuant
entry into force of the Regulation.

Article 56

Repeal

Regulation (EEC) No 3922/91 is hereby repealed.

The provisions of Article 8 of this Regulation shall apply to
products, appliances, organisations and persons that have been
certified in accordance with Regulation (EEC) No 3922/91.

Article 57

Entry into force

This Regulation shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

Articles 5, 6 and 7 shall apply as provided for in their
implementing rules.

This Regulation shall be binding in its entirety and directly
applicable in all Member States.

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ANNEX

INTERNATIONAL STANDARDS

AIRWORTHINESS OF AIRCRAFT

Annex 8 to the Convention on International Civil Aviation

Eighth edition (cid:151) July 1988

PART I (cid:151) DEFINITIONS

When the following terms are used in the Standards for the Airworthiness of Aircraft they have the following meanings:

Aeroplane. A power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on
surfaces which remain fixed under given conditions of flight.

Aircraft. Any machine that can derive support in the atmosphere from the reactions of the air other than the reactions
of the air against the earth’s surface.

Anticipated operating conditions. Those conditions which are known from experience or which can be reasonably
envisaged to occur during the operational
the aircraft taking into account the operations for which the
aircraft is made eligible, the conditions so considered being relative to the meteorological state of the atmosphere, to
the configuration of terrain, to the functioning of the aircraft, to the efficiency of personnel and to all the factors
affecting safety in flight. Anticipated operating conditions do not include:

life of

(a) those extremes which can be effectively avoided by means of operating procedures, and

(b) those extremes which occur so infrequently that to require the Standards to be met in such extremes would give a

higher level of airworthiness than experience has shown to be necessary and practical.

Appropriate airworthiness requirement. The comprehensive and detailed airworthiness codes established by a Contracting
State for the class of aircraft under consideration.

Approved. Accepted by a Contracting State as suitable for a particular purpose.

Configuration (as applied to the aeroplane). A particular combination of the positions of the moveable elements, such as
wing flaps, landing gear, etc., which affect the aerodynamic characteristics of the aeroplane.

Critical power-unit(s). The power-unit(s) failure of which gives the most adverse effect on the aircraft characteristics
relative to the case under consideration.

Design landing mass. The maximum mass of the aircraft at which, for structural design purposes, it is assumed that it will
be planned to land.

Design take-off mass. The maximum mass at which the aircraft for structural design purposes, is assumed to be planned
to be at the start of the take-off run.

Design taxiing mass. The maximum mass of the aircraft at which structural provision is made for load liable to occur
during use of the aircraft on the ground prior to the start of take-off.

Factor of safety. A design factor used to provide for the possibility of
uncertainties in design and fabrication.

loads greater than those assumed, and for

Final approach and take-off area (FATO). A defined area over which the final phase of the approach manoeuvre to hover
or landing is completed and from which the take-off manoeuvre is commenced. Where the FATO is to be used by
performance Class 1 helicopters, the defined area includes the rejected take-off area available.

Helicopter. A heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power driven
rotors on substantially vertical axes.

Landing surface. That pail of the surface of an aerodrome which the aerodrome authority has declared available for the
normal ground or water run of aircraft landing in a particular direction.

Limit loads. The maximum loads assumed to occur in the anticipated operating conditions.

Load factor. The ratio of a specified load to the weight of the aircraft, the former being expressed in terms of
aerodynamic forces, inertia forces, or ground reactions.

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Performance Class 1 helicopter. A helicopter with performance such that, in case of engine failure, it is able to land on the
rejected take-off area or safely continue the flight to an appropriate landing area.

Performance Class 2 helicopter. A helicopter with performance such that, in case of engine failure, it is able to safely
continue the flight, except when the failure occurs prior to a defined point after take-off or after a defined point before
landing, in which cases a forced landing may be required.

Performance Class 3 helicopter. A helicopter with performance such that, in case of engine failure at any point in the flight
profile, a forced landing must be performed.

Power-unit. A system of one or more engines and ancillary parts which are together necessary to provide thrust,
independently of the continued operation of any other power-unit(s), but not including short period thrust-producing
devices.

Pressure-altitude. An atmospheric pressure expressed in terms of altitude which corresponds to that pressure in the
standard atmosphere.

Rendering (a Certificate of Airworthiness) valid. The action taken by a Contracting State, as an alternative to issuing its own
Certificate of Airworthiness, in accepting a Certificate of Airworthiness issued by any other Contracting State as the
equivalent of its own Certificate of Airworthiness.

Standard atmosphere. An atmosphere defined as follows:

(a) the air is a perfect dry gas;

(b) the physical constants are:

(cid:151) Sea level mean molar mass:

M0 = 28,964420 (cid:215) 10-3 kg mol-1

(cid:151) Sea level atmospheric pressure:

P0= 1 013,250 hPa

(cid:151) Sea level temperature.

t0 15 (cid:176)C

T0 288,15 K

(cid:151) Sea level atmospheric density:

P0 = 1,2250 kg m-3

(cid:151) Temperature of the ice point:

Ti = 273,15 K

(cid:151) Universal gas constant:

R* = 8,31432 JK-1mol-1

(c) the temperature gradients are:

Geopotential altitude
(km)

From

(cid:150) 5,0

11,0

20,0

32,0

47,0

51,0

71,0

To

11,0

20,0

32,0

47,0

51,0

71,0

80,0

Temperature gradient
(Kelvin per standard
geopotential kilometre)

(cid:150) 6,5

0,0

+ 1,0

+ 2,8

0,0

(cid:150) 2,8

(cid:150) 2,0

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State of Design. The State having jurisdiction over the organisation responsible for the type design.

State of Manufacture. The State having jurisdiction over the organisation responsible for the final assembly of the aircraft.

State of Registry. The State on whose register the aircraft is entered.

Take-off surface. That part of the surface of an aerodrome which the aerodrome authority has declared available for the
normal ground or water run of aircraft taking off in a particular direction.

Ultimate load. The limit load multiplied by the appropriate factor of safety.

PART III (cid:151) AEROPLANES

CHAPTER 1 (cid:151) GENERAL

1.1.

Applicability

1.1.1.

1.1.2.

1.1.3.

1.1.4.

The Standards of Part III, except for the specified in 8.4, are applicable in respect of all aeroplanes designated
in 1.1.3, that are of types of which prototype is submitted to the appropriate national authorities for
certification on or after 13 June 1960.

The Standards specified in 8.4 of Part III are applicable in respect of all aeroplanes designated in 1.1.3 that are
of types of which the prototype is submitted to the appropriate national authorities for certification on or
after 22 March 1985.

The Standards of Part III shall apply to aeroplanes of over 5 700 kg maximum certificated take-off mass
intended for the carriage of passengers or cargo or mail in international air navigation.

The level of airworthiness defined by the appropriate parts of the comprehensive and detailed national code
referred to in 2.2 of Part II for the aeroplanes designated in 1.1.3 shall be at least substantially equivalent to
the over-all level intended by the broad Standards of Part III.

1.1.5.

Unless otherwise stated, the Standards apply to the complete aeroplane including power-units, systems and
equipment.

1.2.

Number of power-units

The aeroplane shall have not less than two power-units.

1.3.

Limitations

1.3.1.

Limiting conditions shall be established for the aeroplane,
its power-units and its equipment (see 9.2).
Compliance with the Standards of Part III shall N established assuming that the aeroplane is operated
within the limitations specified. The limitations shall be sufficiently removed from any condition(s) prejudicial
to the safety of the aeroplane to render the likelihood of accidents arising therefrom extremely remote.

1.3.2.

Limiting ranges of mass, centre of gravity location, load distribution, speeds, and altitude or pressure-altitude
shall be established within which compliance with all the pertinent Standards in Part III is shown, except that
combinations of conditions which are fundamentally impossible to achieve need not be considered.

1.4.

Unsafe features and characteristics

The aeroplane shall not possess any feature or characteristic which renders it unsafe under the anticipated
operating conditions.

1.5.

Proof of compliance

1.5.1.

Compliance with the appropriate airworthiness requirements shall be based on evidence either from tests,
from calculations, or from calculations based on tests, provided that in each case the accuracy achieved will
ensure a level of airworthiness equal to that which would be achieved were direct tests conducted.

1.5.2.

The tests of 1.5.1 shall be such as to provide reasonable assurance that the aeroplane, its components, and
equipment are reliable and function correctly under the anticipated operating conditions.

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2.1.

General

CHAPTER 2 (cid:151) FLIGHT

2.1.1.

Compliance with the Standards prescribed in Chapter 2 shall be established by flight or other tests conducted
upon an aeroplane or aeroplanes of the type for which a Certificate of Airworthiness is sought, or by
calculations based on such tests, provided that the results obtained by calculations are equal in accuracy to, or
conservatively represent, the results of direct testing.

2.1.2.

Compliance with each Standard shall be established for all applicable combinations of aeroplane mass and
centre of gravity position, within the range of loading conditions for which certification is sought.

2.1.3.

Where necessary, appropriate aeroplane configurations shall be established for
the determination of
performance in the various stages of flight and for the investigation of the aeroplane’s flying qualities.

2.2.

Performance

2.2.1.

G e n e r a l

2.2.1.1.

Sufficient data on the performance of the aeroplane shall be determined and scheduled in the aeroplane flight
manual to provide operators with the necessary information for the purpose of determining the total mass of
the aeroplane on the basis of the values, peculiar to the proposed flight, of the relevant operational
parameters,
the flight may be made with reasonable assurance that a safe minimum
performance for that flight will be achieved.

in order that

2.2.1.2.

The performance scheduled for the aeroplane shall not require exceptional skill or alertness on the part of the
pilot.

2.2.1.3.

The scheduled performance of the aeroplane shall be consistent with compliance with 1.3.1 and with the
operation in logical combinations of those of the aeroplane’s systems and equipment the operation of which
may affect performance.

2.2.2.

M i n i m u m p e r f o r m a n c e

At the maximum mass scheduled (see 2.2.3) for take-off and for landing as functions of the aerodrome
elevation or pressure-altitude either in the standard atmosphere or in specified still air atmospheric
conditions, and, for seaplanes, in specified conditions of smooth water, the aeroplane shall be capable of
accomplishing the minimum performances specified in 2.2.2.1 and 2.2.2.2 respectively, not considering
obstacles, or runway or water run length.

2.2.2.1.

Take-off

(a) The aeroplane shall be capable of taking off assuming the critical power-unit to fail (see 2.2.3), the

remaining power-units being operated within their take-off power limitations.

(b) After the end of the period during which the take-off power may be used, the aeroplane shall be capable
of continuing to climb, with the critical power-unit inoperative and the remaining power-units operated
within their maximum continuous power limitations, up to a height that it can maintain and at which it
can carry out a circuit of the aerodrome.

(c) The minimum performance at all stages of take-off and climb shall be sufficient to ensure that under
conditions of operation departing slightly from the idealized conditions for which data are scheduled
(2.2.3), the departure from the scheduled values is not disproportionate.

2.2.2.2.

Landing

(a) Starting from the approach configuration and with the critical power-unit inoperative, the aeroplane shall
be capable, in the event of a missed approach, of continuing the flight to a point from which a fresh
approach can be made.

(b) Starting from the landing configuration, the aeroplane shall be capable, in the event of a balked landing,

of making a climb out, with all power-units operating.

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2.2.3.

S c h e d u l i n g o f p e r f o r m a n c e

Performance data shall be determined and scheduled in the aeroplane flight manual so that their application
by means of the operating rules to which the aeroplane is to be operated in accordance with 5.2 of Annex 6,
Part I, will provide a safe relation between the performance of the aeroplane and the aerodromes and routes
on which it is capable of being operated. Performance data shall be determined and scheduled for the
following stages for the ranges of mass, altitude or pressure-altitude, wind velocity, gradient of
the
take-off and landing surface for landplanes, water surface conditions, density of water and strength of
current for seaplanes, and for any other operational variables for which the aeroplane is to be certificated.

2.2.3.1.

Take-off. The take-off performance data shall include the accelerate-stop distance and the take-off path.

2.2.3.1.1. Accelerate-stop distance. The accelerate stop distance shall be the distance required to accelerate and stop, or,
for a seaplane to accelerate and come to a satisfactorily low speed, assuming the critical power-unit to fail
suddenly at a point not nearer to the start of the take-off than that assumed when determining the take-off
path (see 2.2.3.1.2).

2.2.3.1.2. Take-off path. The take-off path shall comprise the ground or water run, initial climb and climb out, assuming
the critical power-unit to fail suddenly during the take-off (see 2.2.3.1.1). The take-off path shall be scheduled
up to a height that the aeroplane can maintain and at which it can carry out a circuit of the aerodrome. The
climb out shall be made at a speed not less than the take-off safety speed as determined in accordance with
2.3.1.3.

2.2.3.2.

En route. The en-route climb performance shall be the climb (or descent) performance with the aeroplane in
the en-route configuration with:

(a) the critical power-unit inoperative; and

(b) the critical two power-units inoperative in the case of aeroplanes having three or more power-units.

The operating engines shall not exceed maximum continuous power.

2.2.3.3.

Landing. The landing distance shall be the horizontal distance traversed by the aeroplane from a point on the
approach flight path at a selected height above the landing surface to the point on the landing surface at
which the aeroplane comes to a complete stop or, for a seaplane, comes to a satisfactorily low speed. The
selected height above the landing surface and the approach speed shall be appropriately related to operating
practices. This distance may be supplemented by such distance margin as may be necessary; if so, the selected
height above the landing surface, the approach speed and the distance margin shall be appropriately inter-
related and shall make provision for both normal operating practices and reasonable variations therefrom.

2.3.

Flying qualities

The aeroplane shall comply with the Standards of 2.3 at all altitudes up to the maximum anticipated altitude
relevant to the particular requirement in all temperature conditions relevant to the altitude in question and
for which the aeroplane is approved.

2.3.1.

C o n t r o l l a b i l i t y

The aeroplane shall be controllable and manoeuvrable under all anticipated operating conditions and it shall
be possible to make smooth transitions from one flight condition to another (e.g. turns, sideslips, changes of
engine power, changes of aeroplane configurations) without requiring exceptional skill, alertness, or strength
on the part of the pilot even in the event of failure of any power-unit. A technique for safely controlling the
aeroplane shall be established for all stages of flight and aeroplane configurations for which performance is
scheduled.

2.3.1.1.

Controllability on the ground (or water). The aeroplane shall be controllable on the ground (or on the water)
during taxiing, take-off, and landing under the anticipated operating conditions.

2.3.1.2.

Controllability during take-off. The aeroplane shall be controllable in the event of sudden failure of the critical
power-unit at any point in the take-off, when the aeroplane is handled in the manner associated with the
scheduling of take-off paths and accelerate-stop distances.

2.3.1.3.

Take-off safety speed. The take-off safety speeds assumed when the performance of the aeroplanes (after leaving
the ground or water) during the take-off is determined shall provide an adequate margin above the stall and
above the minimum speed at which the aeroplane remains controllable after sudden failure of the critical
power-unit.

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2.3.2.

T r i m

The aeroplane shall have such trim, and other characteristics as to ensure that the demand made on the
pilot’s attention and ability to maintain a desired flight condition are not excessive when account is taken of
the stage of flight at which these demands occur and their duration. This shall apply both in normal
operation and in the conditions associated with the failure of one or more power-units for which
performance characteristics are established.

2.3.3.

S t a b i l i t y

The aeroplane shall have such stability in relation to its other flight characteristics, performance, structural
strength, and most probable operating conditions (e.g. aeroplane configurations and speed ranges) as to
ensure that demands made on the pilot’s powers of concentration are not excessive when the stage of flight
at which these demands occur and their duration are taken into account. The stability of the airplane shall
not, however, be such that excessive demands are made on the pilot’s strength or that the safety of the
aeroplane is prejudiced by lack of manoeuvrability in emergency conditions

2.3.4.

S t a l l i n g

2.3.4.1.

Stall warning. When the aeroplane is made to approach a stall both in straigth and turning flight with all
power-units operating and with one power-unit inoperative, clear and distinctive stall warning shall be
apparent to the pilot with the aeroplane in all permissible configurations and powers, except those which
are not considered to be essential for safe flying. The stall warning and other characteristics of the aeroplane
shall be such as to enable the pilot to arrest the development of the stall after the warning begins and,
without altering the engine power, to maintain full control of the aeroplane.

2.3.4.2.

Behaviour following a stall. In any configuration and power in which it is considered that the ability to recover
from a stall is essential the behaviour of the aeroplane following a stall shall not be so extreme as to make
difficult a prompt recovery without exceeding the airspeed or strength limitations of the aeroplane. It shall be
acceptable to throttle back the operating power-units during recovery from the stall.

2.3.4.3.

Stalling speed. The stalling speeds or minimum steady flights speeds in configurations appropriate for each
stage of flight (e.g. take-off, en route, landing) shall be established. One of the values of the power used in
establishing the stalling speeds shall be not more than that necessary to give zero thrust at a speed just above
the stall.

2.3.5.

F l u t t e r a n d v i b r a t i o n

It shall be demonstrated by suitable tests that all parts of the aeroplane are free from flutter and excessive
vibration in all aeroplane configurations under all speed conditions within the operating limitations of the
aeroplane (see 1.3.2). There shall be no buffeting severe enough to interfere with control of the aeroplane, to
cause structural damage or to cause excessive fatigue to the flight crew.

3.1.

General

CHAPTER 3 (cid:151) STRUCTURES

The Standards of Chapter 3 apply to the aeroplane structure consisting of all portions of the aeroplane, the
failure of which would seriously endanger the aeroplane.

3.1.1.

M a s s a n d m a s s d i s t r i b u t i o n

Unless otherwise stated, all structural Standards shall be complied with when the mass is varied over the
applicable range and is distributed in the most adverse manner, within the operating limitations on the basis
of which certification is sought.

3.1.2.

L i m i t

l o a d s

Except as might be otherwise qualified, the external loads and the corresponding inertia loads, or resisting
loads obtained for the various loading conditions prescribed in 3.3, 3.4 and 3.5 shall be considered as limit
loads.

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3.1.3.

S t r e n g t h a n d d e f o r m a t i o n

In the various loading conditions prescribed in 3.3, 3.4 and 3.5 no part of the aeroplane structure shall
sustain detrimental deformation at any load up to and including the limit load, and the aeroplane structure
shall be capable of supporting the ultimate load.

3.2.

Design airspeeds

3.2.1.

D e s i g n a i r s p e e d s

Design airspeeds shall be established for which the aeroplane structure is designed to withstand the corre-
sponding manoeuvring and gust
In establishing the design airspeeds,
consideration shall be given to the following speeds:

loads in accordance with 3.3.

(a) VA, the design manoeuvring speed;

(b) VB, the speed at which the maximum vertical gust velocity assumed in accordance with 3.3.2 can be

withstood;

(c) VC, a speed not expected to be exceeded in normal cruising flight taking into account possible effects of

upsets when flying in turbulent conditions;

(d) VD, maximum dive speed, sufficiently greater than the speed in (c), to make it unlikely that such a design
inadvertent speed increases in the anticipated operating

speed would be exceeded as a result of
conditions, taking into account the flying qualities and other characteristics of the aeroplane;

(e) VE1, to VEn, maximum speeds at which flaps and landing gears may be extended or other configuration

changes be made.

The speeds VA, VB, VC to VE in (a), (b), (c) and (e) shall be sufficiently greater than the stalling speed of the
aeroplane to safeguard against loss of control in turbulent air.

3.2.2.

L i m i t i n g a i r s p e e d s

Limiting airspeeds, based on the corresponding design airspeeds with safety margins, where appropriate, in
accordance with 1.3.1 shall be included in the aeroplane flight manual as part of the operating limitations
(see 9.2.2).

3.3.

Flight loads

The flight loading conditions of 3.3.1, 3.3.2 and 3.5 shall be considered for the range of mass and mass
distributions prescribed in 3.1.1 and at airspeeds established in accordance with 3.2.1. Asymmetrical as well
loading shall be taken into account. The air, inertia, and other loads resulting from the
as symmetrical
specified loading conditions shall be distributed so as to approximate actual conditions closely or to represent
them conservatively.

3.3.1.

M a n o e u v r i n g l o a d s

Manoeuvring loads shall be computed on the basis of manoeuvring load factors appropriate to the
manoeuvres permitted by the operating limitations. They shall not be less than values which experience
indicates will be adequate for the anticipated operating conditions.

3.3.2.

G u s t

l o a d s

Gust loads shall be computed for vertical and horizontal gust velocities and gradients which statistics or other
evidence indicate will be adequate for the anticipated operating conditions.

3.4.

Ground and water loads

The structure shall be able to withstand all the loads due to the reactions of the ground and water surface
which are likely to arise during taxiing, take-off and landing.

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3.4.1.

L a n d i n g c o n d i t i o n s

The landing conditions at the design take-off mass and at the design landing mass shall
include such
symmetrical and asymmetrical attitudes of the aeroplane at ground or water contact, such velocities of
descent and such other factors, affecting the loads imposed upon the structure as might be present in the
anticipated operating conditions.

3.5.

Miscellaneous loads

In addition to or in conjunction with the manoeuvring and gust loads and with the ground and water loads,
consideration shall be given to all other loads (flight control
loads, cabin pressures, effects of engine
operation,
loads due to changes of configuration, etc.) which are likely to occur in the anticipated
operating conditions.

3.6.

Flutter, divergence and vibration

The aeroplane structure shall be designed to be free from flutter, structural divergence (i.e. unstable structural
distortion due to aerodynamic loading), and loss of control due to structural deformation, at speeds within
and sufficiently beyond the operating limitations to comply with 1.3.1. Adequate strength shall be provided
to withstand the vibration and buffeting that might occur in the anticipated operating conditions.

3.7.

Fatigue strength

The strength and fabrication of the aeroplane shall be such as to ensure that the probability of disastrous
fatigue failure of the aeroplane’s structure under repeated loads and vibratory loads in the anticipated
operating conditions is extremely remote.

4.1.

General

CHAPTER 4 (cid:151) DESIGN AND CONSTRUCTION

Details of design and construction shall be such as to give reasonable assurance that all aeroplane parts will
function effectively and reliably in the anticipated operating conditions. They shall be based upon practices
which experience has proven to be satisfactory or which are substantiated by special tests or by other
appropriate investigations or both.

4.1.1.

S u b s t a n t i a t i n g t e s t s

The functioning of all moving parts essential to the safe operation of the aeroplane shall be demonstrated by
suitable tests in order to ensure that they will function correctly under all operating conditions for such parts.

4.1.2.

M a t e r i a l s

All materials used in parts of the aeroplane essential for its safe operation shall conform to approved
specifications. The approved specifications shall be such that materials accepted as complying with the
specifications will have the essential properties assumed in the design.

4.1.3.

F a b r i c a t i o n m e t h o d s

The methods of fabrication and assembly shall be such as to produce a consistently sound structure which
shall be reliable with respect to maintenance of strength in service.

4.1.4.

P r o t e c t i o n

The structure shall be protected against deterioration or loss of strength in service due to weathering,
corrosion, abrasion, or other causes, which could pass unnoticed, taking into account the maintenance
the aeroplane will receive.

4.1.5.

I n s p e c t i o n p r o v i s i o n s

Adequate provision shall be made to permit any necessary examination, replacement, or reconditioning of
parts of the aeroplane which require such attention, either periodically or after unusually severe operations.

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4.1.6.

D e s i g n f e a t u r e s

Special consideration shall be given to design features which affect the ability of the flight crew to maintain
controlled flight. This shall include at least the following:

(a) Controls and control systems. The design of the controls and control systems shall be, such as to minimise
inadvertent operations, and unintentional engagement of control surface

the possibility of jamming,
locking devices.

(b) System survivability. As of 12 March 2000, aeroplane systems shall be designed, arranged and physically
separated to maximise the potential for continued safe flight and landing after any event resulting in
damage to the aeroplane structure or systems.

(c) Crew environment. The design of the flight crew compartment shall be such as to minimise the possibility
of incorrect or restricted operation of the controls by the crew, due to fatigue, confusion or interference.
Consideration shall be given at
layout and identification of controls and
instruments, rapid identification of emergency situations, sense of controls, ventilation, heating and noise.

to the following:

least

(d) Pilot vision. The arrangement of the pilot compartment shall be such as to afford a sufficiently extensive,
clear and undistorted field of vision for the safe operation of the aeroplane, and to prevent glare and
reflections which would interfere with the pilot’s vision. The design features of the pilot windshield shall
permit under precipitation conditions sufficient vision for the normal conduct of flight and for the
execution of approaches and landing.

(e) Provision for emergencies. Means shall be provided which shall either automatically prevent or shall enable
the flight crew to deal with emergencies resulting from foreseeable failures of equipment and systems the
failure of which would endanger the aeroplane. Reasonable provisions shall be made for continuation of
essential services following power-unit or system(s) failure(s) to the extent that such failures are catered for
in performance and operating limitations Standards in this Annex and in Annex 6, Parts I and II.

(f) Fire precautions. The design of the aeroplane and the materials used in its manufacture including cabin
interior furnishing materials replaced during major refurbishing shall be such as to minimise the possi-
bility of in-flight and ground fires and also to minimise the production of smoke and toxic gases in the
event of a fire. Means shall be provided to contain or to detect and extinguish such fires as might occur in
such a way that no additional danger to the aeroplane is caused.

(g) Fire suppression. As of 12 March 2000, cargo compartment fire suppression systems,

including their
extinguishing agents, shall be designed so as to take into account a sudden and extensive fire such as
could be caused by an explosive or incendiary device.

(h) Incapacitation of occupants. Design precautions shall be taken to protect against possible instances of cabin
depressurisation and against the presence of smoke or other toxic gases, including, as of 12 March 2000,
those caused by explosive or incendiary devices, which could incapacitate the occupants of the aeroplane.

(i) Protection of the flight crew compartment from smoke and fumes. As of 12 March 2000, means shall be
provided to minimise entry into the flight crew compartment of smoke, fumes and noxious vapours
generated by an explosion or fire on the aeroplane.

4.1.7.

E m e r g e n c y l a n d i n g p r o v i s i o n s

4.1.7.1.

Provisions shall be made in the design of the aeroplane to protect the occupants,
in the event of an
emergency landing, from fire and from the direct effects of deceleration forces as well as from injuries
arising from the effect of deceleration forces on the aeroplane’s interior equipment.

4.1.7.2.

Facilities shall be provided for the rapid evacuation of the aeroplane in conditions likely to occur following an
emergency landing. Such facilities shall he related to the passenger and crew capacity of the aeroplane.

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4.1.7.3.

The interior layout of the cabin and the position and number of emergency exits, including the means of
locating and illuminating the escape paths and exits, shall be such as to facilitate rapid evacuation of the
aeroplane in conditions likely to occur following an emergency landing.

4.1.7.4.

On aeroplanes certificated for ditching conditions, provisions shall be made in the design to give maximum
practicable assurance that safe evacuation from the aeroplane of passengers and crew can be executed in case
of ditching.

4.1.8.

G r o u n d h a n d l i n g

Adequate provisions shall be made in the design to minimise the risk that ground handling operations (e.g.
towing, jacking) may cause damage, which could pass unnoticed, to the parts of the aeroplane essential for its
safe operation. The protection which any limitations and instructions for such operations might provide may
be taken into account.

5.1.

Scope

CHAPTER 5 (cid:151) ENGINES

The Standards of Chapter 5 shall apply to engines of all types which are used on the aeroplane as primary
propulsion units.

5.2.

Design, construction and functioning

The engine complete with accessories shall be designed and constructed so as to function reliably within its
operating limitations under the anticipated operating conditions when properly installed in the aeroplane in
accordance with Chapter 7 and, if applicable, fitted with a suitable propeller.

5.3.

Declared ratings, conditions and limitations

The power ratings and the conditions of the atmosphere upon which they are based and all operating
conditions and limitations, which are intended to govern the operation of the engine, shall be declared.

5.4.

Tests

An engine of the type shall complete satisfactorily such tests as are necessary to verify the validity of the
declared ratings conditions and limitations and to ensure that it will operate satisfactorily and reliably. The
tests shall include at least the following:

(a) Power calibration. Tests shall be conducted to establish the power or thrust characteristics of the engine
when new and also after the tests in (b) and (c). There shall be no excessive decrease in power at the
conclusion of all the tests specified.

(b) Operation. Tests shall be conducted to ensure that starting, idling, acceleration, vibration, overspeeding and
other characteristics are satisfactory and to demonstrate adequate margins of freedom from detonation,
surge, or other detrimental conditions as may be appropriate to the particular type engine.

(c) Endurance. Tests of sufficient duration shall be conducted at such powers, thrust, speeds and other
operating conditions as are necessary to demonstrate reliability and durability of the engine. They shall
also include operation under conditions in excess of the declared limits to the extent that such limitations
might be exceeded in actual service.

CHAPTER 6 (cid:151) PROPELLERS

6.1.

Scope

The Standards of Chapter 6 shall apply to propellers of all types.

6.2.

Design, construction and functioning

The propeller assembly complete with accessories shall be designed and constructed so as to function reliably
within its operating limitations under the anticipated operating conditions when properly fitted to the engine
and installed in the aeroplane in accordance with Chapter 7.

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6.3.

Declared ratings, conditions and limitations

The power ratings and all operating conditions and limitations, which are intended to govern the operation
of the propeller, shall be declared.

6.4.

Tests

A propeller of the type shall complete satisfactorily such tests as are necessary to ensure that it will operate
satisfactorily and reliably within the declared ratings, conditions and limitations. The texts shall include at
least the following:

(a) Operation. Tests shall be conducted to ensure that strength vibration and overspeeding characteristics are
satisfactory and to demonstrate proper and reliable functioning of pitch changing and control mech-
anisms.

(b) Endurance. Tests of sufficient duration shall be conducted at such powers, speeds and other operating

conditions as are necessary to demonstrate reliability and durability of the propeller.

CHAPTER 7 (cid:151) POWERPLANT INSTALLATION

7.1.

General

7.1.1.

A p p l i c a b l e S t a n d a r d s

The powerplant installation shall comply with the Standards of Chapter 4 and with the Standards of this
Chapter.

7.1.2.

C o m p l i a n c e w i t h e n g i n e a n d p r o p e l l e r l i m i t a t i o n s

The powerplant installation shall be so designed that the engines and propellers (if applicable) are capable of
being used in the anticipated operating conditions. In conditions established in the aeroplane flight manual
the aeroplane shall be capable of being operated without exceeding the limitations established for the engines
and propellers in accordance with Chapters 5, 6 and 7.

7.1.3.

C o n t r o l o f e n g i n e r o t a t i o n

In those installations where continued rotation of an engine which had failed would increase the hazard of
fire or of a serious structural failure, means shall be provided for the crew to stop the rotation of the engine
in flight, or to reduce it to a safe level.

7.1.4.

E n g i n e r e s t a r t i n g

Means shall be provided for restarting an engine at altitudes up to a declared maximum altitude.

7.2.

Arrangement and functioning

7.2.1.

I n d e p e n d e n c e o f p o w e r - u n i t s

The powerplant shall be arranged and installed so that each power-unit together with its associated systems is
capable of being controlled and operated independently from the others and so that there is at least one
arrangement of the powerplant and systems in which any failure, unless the probability of its occurrence is
extremely remote, cannot result in a loss of more power than that resulting from complete failure of the
critical power-unit.

7.2.2.

P r o p e l l e r v i b r a t i o n

The propeller vibration stresses shall be determined and shall not exceed values which have been found safe
for operation within the operating limitations established for the aeroplane.

7.2.3.

C o o l i n g

The cooling system shall be capable of maintaining powerplant temperatures within the established limits
(see 7.1.2) at ambient air temperatures up to the maximum air temperature appropriate to intended operation
of the aeroplane. The maximum and, if necessary, minimum air temperature for which the powerplant has
been established to be suitable shall be scheduled in the aeroplane flight manual.

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7.2.4.

A s s o c i a t e d s y s t e m s

The fuel, oil, air induction, and other systems associated with the powerpIant, shall be capable of supplying
each engine in accordance with its established requirements, under all conditions affecting the functioning of
the systems (e.g. engine power, aeroplane attitudes and accelerations, atmospheric conditions,
fluid
temperatures) within the anticipated operating conditions.

7.2.5.

F i r e p r o t e c t i o n

For regions of the powerplant where the potential fire hazards are particularly serious because of the
proximity of ignition sources to combustible materials, the following shall apply in addition to the general
Standard of 4.1.6 (c).

(a) Isolation. Such regions shall be isolated by fire resisting material from other regions of the aeroplane
where the presence of fire would jeopardise continued flight, taking into account the probable points of
origin and paths of propagation of fire.

(b) Flammable fluids. Flammable fluid system components located in such regions shall be capable of
containing the fluid when exposed to fire conditions. Means shall be provided for the crew to shut
off the flow of flammable fluids into such regions if a fire occurs.

(c) Fire protection. There shall be provided a sufficient number of fire detectors so located as to ensure rapid

detection of any fire which might occur in such regions.

(d) Fire extinguishment. Such regions shall be provided with a fire extinguisher system capable of extinguishing
any fire likely to occur therein, unless the degree of isolation, quantity of combustibles, fire resistance of
the structure, and other factors, is such that any fire likely to occur in the region would not jeopardise the
safety of the aeroplane.

8.1.

Required instruments and equipment

CHAPTER 8 (cid:151) INSTRUMENTS AND EQUIPMENT

The aeroplane shall be provided with approved instruments and equipment necessary for the safe operation
of the aeroplane in the anticipated operating conditions. These shall include the instruments and equipment
necessary to enable the crew to operate the aeroplane within its operating limitations.

8.2.

Installation

Instrument and equipment installations shall comply with the Standards of Chapter 4.

8.3.

Safety and survival equipment

Prescribed safety and survival equipment which the crew or passengers are expected to use or operate at the
time of an emergency shall be reliable, readily accessible and easily identified, and its method of operation
shall be plainly marked.

8.4.

Navigation lights and anti-collision lights (1)

8.4.1.

The lights required by Annex 2 to be displayed by aeroplanes in flight or operating on the movement area of
an aerodrome shall have intensities, colours, fields of coverage and other characteristics such that they furnish
the pilot of another aircraft or personnel on the ground with as much time as possible for interpretation and
for subsequent manoeuvre necessary to avoid a collision. In the design of such lights due account shall be
taken of the conditions under which they may reasonably be expected to perform these functions.

8.4.2.

Lights shall be installed in aeroplanes so as to minimise the possibility that they will:

(a) adversely affect the satisfactory performance of the flight crews’ duties; or

(b) subject an outside observer to harmful dazzle.

(1) Please refer to 1.1.2 of this Part.

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CHAPTER 9 (cid:151) OPERATING LIMITATIONS AND INFORMATION

9.1.

General

The operating limitations within which compliance with the Standards of this Annex is determined, together
with any other information necessary to the safe operation of the aeroplane, shall be made available by
means of an aeroplane flight manual, markings and placards, and such other means as may effectively
accomplish the purpose. The limitations and information shall include at least those prescribed in 9.2, 9.3
and 9.4.

9.2.

Operating limitations

Limitations which there is a risk of exceeding in flight and which are defined quantitatively shall be expressed
in suitable units and corrected if necessary for errors in measurements so that the flight crew can, by
reference to the instruments available to them, readily determine when the limitations are reached.

9.2.1.

L o a d i n g l i m i t a t i o n s

The loading limitations shall include all limiting mass, centres of gravity position, mass distributions, and
floor loadings (see 1.3.2).

9.2.2.

A i r s p e e d l i m i t a t i o n s

The airspeed limitations shall include all speeds (see 3.2) which are limiting from the standpoint of structural
integrity or flying qualities of the aeroplane, or from other considerations. These speeds shall be identified
with respect to the appropriate aeroplane configurations and other pertinent factors.

9.2.3.

P o w e r p l a n t

l i m i t a t i o n s

The powerplant limitations shall include all those established for the various powerplant components as
installed in the aeroplane (see 7.1.2 and 7.2.3).

9.2.4.

L i m i t a t i o n s o n e q u i p m e n t a n d s y s t e m s

The limitations on equipment and systems shall include all those established for the various equipment and
systems as installed in the aeroplane.

9.2.5.

M i s c e l l a n e o u s l i m i t a t i o n s

Any necessary limitations with respect to conditions found to be prejudicial to the safety of the aeroplane
(see 1.3.1).

9.2.6.

F l i g h t c r e w l i m i t a t i o n s

The flight crew limitations shall include the minimum number of flight crew personnel necessary to operate
the aeroplane, having regard among other things to the accessibility to the appropriate crew members of all
necessary controls and instruments and to the execution of the established emergency procedures.

9.2.7.

F l y i n g t i m e l i m i t a t i o n a f t e r s y s t e m o r p o w e r - u n i t

f a i l u r e

The systems limitations shall
include the maximum flying time for which system reliability has been
established in relation to the approval of operations by aeroplanes with two turbine power-units beyond
the threshold time established in accordance with 4.7 of Annex 6, Part I.

9.3.

Operating information and procedures

9.3.1.

T y p e s o f e l i g i b l e o p e r a t i o n s

There shall be listed the particular types of operations, as may be defined in Annex 6, Parts I and II, to the
Convention or be generally recognised, for which the aeroplane has been shown to be eligible by virtue of
compliance with the appropriate airworthiness requirements.

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9.3.2.

L o a d i n g i n f o r m a t i o n

The loading information shall include the empty mass of the aeroplane, together with a definition of the
condition of the aeroplane at the time of weighing, the corresponding centre of gravity position, and the
reference point(s) and datum line(s) to which the centre of gravity limits are related.

9.3.3.

O p e r a t i n g p r o c e d u r e s

A description shall he given of normal and emergency operating procedures which are peculiar to the
particular aeroplane and necessary for its safe operation. These shall include procedures to be followed in
the event of failure of one or more power-units.

9.3.4.

H a n d l i n g i n f o r m a t i o n

Sufficient information shall be given on any significant or unusual features of the aeroplane characteristics.
Those stalling speeds or minimum steady flight speeds required to be established by 2.3.4.3 shall be
scheduled.

9.3.5.

L e a s t - r i s k b o m b l o c a t i o n

A least-risk location on the aeroplane shall be identified where a bomb or other explosive device may be
placed to minimise the effects on the aeroplane in the case of detonation.

9.4.

Performance information

The performance of the aeroplane shall be scheduled in accordance with 2.2. There shall be included
information regarding the various aeroplane configurations and powers involved and the relevant speeds,
together with information which would assist the flight crew in attaining the performance as scheduled.

9.5.

Aeroplane flight manual

An aeroplane flight manual shall be made available. It shall identify clearly the specific aeroplane or series of
aeroplanes with which it is related. The aeroplane flight manual shall
include at least the limitations,
information and procedures specified in this chapter.

9.6.

Markings and placards

9.6.1.

Markings and placards on instruments, equipment, controls, etc., shall include such limitations or information
as necessary for the direct attention of the flight crew during flight.

9.6.2.

Markings and placards, or instructions, shall be provided to give any information which is essential to the
ground crew in order to preclude the possibility of mistakes in ground servicing (e.g. towing, refuelling)
which could pass unnoticed and which could jeopardise the safety of the aeroplane in subsequent flights.

CHAPTER 10 (cid:151) CONTINUING AIRWORTHINESS (cid:151) MAINTENANCE INFORMATION

10.1.

General

Information for use in developing procedures for maintaining the aeroplane in an airworthy condition shall
be made available. The information shall include that described in 10.2, 10.3 and 10.4.

10.2.

Maintenance information

Maintenance information shall include a description of the aeroplane and recommended methods for the
accomplishment of maintenance tasks. Such information shall include guidance on defect diagnosis.

10.3.

Maintenance programme information

Maintenance programme information shall include the maintenance tasks and the recommended intervals at
which these tasks are to be performed.

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10.4.

Maintenance information resulting from the type design approval

Maintenance tasks and frequencies that have been specified as mandatory by the State of Design in approval
of the type design shall be identified as such.

11.1.

Least risk bomb location

CHAPTER 11 (cid:151) SECURITY

As of 12 March 2000, consideration shall be given during the design of the aeroplane to the provision of a
least-risk bomb location.

11.2.

Protection of the flight crew compartment

As of 12 March 2000, in all aeroplanes which are equipped with a flight crew compartment door, this door
and the flight crew compartment bulkhead shall be designed to minimise penetration by small arms fire and
grenade shrapnel.

11.3.

Interior design

As of 12 March 2000, consideration shall be given to design features which will deter the easy concealment
facilitate search
of weapons, explosives or other dangerous objects on board aircraft and which will
procedures for such objects.

PART IV (cid:151) HELICOPTERS

CHAPTER 1 (cid:151) GENERAL

1.1.

Applicability

1.1.1.

The Standards of Part IV are applicable in respect of all helicopters designated in 1.1.2, that are of types of
which the prototype is submitted to the appropriate national authorities for certification on or after 22
March 1991.

1.1.2.

The Standards of Part IV shall apply to helicopters intended for the carriage of passengers or cargo or mail in
international air navigation.

1.1.3.

The level of airworthiness defined by the appropriate parts of the comprehensive and detailed national code
for the helicopters designated in 1.1.2 shall be at least substantially equivalent to the over-all level intended by
the broad Standards of Part IV.

1.1.4.

Unless otherwise stated, the Standards apply to the complete helicopter including power-units, systems and
equipment.

1.2.

Limitations

1.2.1.

Limiting conditions shall be established for the helicopter, its power-unit(s) and its equipment (see 9.2).
Compliance with the Standards of Part IV shall be established assuming that the helicopter is operated within
the limitations specified. The limitations shall be sufficiently removed from any condition(s) prejudicial to the
safety of the helicopter to render the likelihood of accidents arising therefrom extremely remote.

1.2.2.

Limiting ranges of mass, centre of gravity location, load distribution, speeds and ambient conditions shall be
established within which compliance with all the pertinent Standards in Part IV is shown, except that
combinations of conditions which are fundamentally impossible to achieve need not be considered.

1.3.

Unsafe features and characteristics

The helicopter shall not possess any feature or characteristic which renders it unsafe under the anticipated
operating conditions.

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1.4.

Proof of compliance

1.4.1.

Compliance with the appropriate airworthiness requirements shall be based on evidence either from tests,
calculations, calculations based on tests. or other methods provided that in each case the accuracy achieved
will ensure a level of airworthiness equal to that which would be achieved were direct tests conducted.

1.4.2.

The tests of 1.4.1 shall be such as to provide reasonable assurance that the helicopter, its components and
equipment are reliable and function correctly under the anticipated operating conditions.

2.1.

General

CHAPTER 2 (cid:151) FLIGHT

2.1.1.

Compliance with the Standards prescribed in Chapter 2 shall be established by flight or other tests conducted
upon a helicopter or helicopters of the type for which a Certificate of Airworthiness is sought, or by
calculations (or other methods) based on such tests, provided that the results obtained by calculations (or
other methods) are equal in accuracy to, or conservatively represent, the results of direct testing.

2.1.2.

Compliance with each Standard shall be established for all applicable combinations of helicopter mass and
centre of gravity position, within the range of loading conditions for which certification is sought.

2.1.3.

Where necessary, appropriate helicopter configurations shall be established for
the determination of
performance in the various stages of flight and for the investigation of the helicopter’s flying qualities.

2.2.

Performance

2.2.1.

G e n e r a l

2.2.1.1.

Sufficient data on the performance of the helicopter shall be determined and scheduled in the helicopter
flight manual to provide operators with the necessary information for the purpose of determining the total
mass of the helicopter on the basis of the values, peculiar to the proposed flight, of the relevant operational
parameters,
the flight may be made with reasonable assurance that a safe minimum
performance for that flight will be achieved.

in order that

2.2.1.2.

The performance scheduled for the helicopter shall not require exceptional skill or alertness on the part of
the pilot.

2.2.1.3.

The scheduled performance of the helicopter shall be consistent with compliance with 1.2.1 and with the
operation in logical combinations of those of the helicopter’s systems and equipment the operation of which
may affect performance.

2.2.2.

M i n i m u m p e r f o r m a n c e

At the maximum mass scheduled (see 2.2.3) for take-off and for landing as functions of the take-off or
landing site elevation or pressure-altitude either in the standard atmosphere or in specified still air atmos-
pheric conditions, and, for water operations, in specified conditions of smooth water, the helicopter shall be
capable of accomplishing the minimum performances specified in 2.2.2.1 and 2.2.2.2 respectively, not
considering obstacles, or final approach and take-off area length.

2.2.2.1.

Take-off

(a) In the event of critical power-unit failure, at or after the take-off decision point (for performance Class 1)
or the defined point after take-off (for performance Class 2), performance Classes 1 and 2 helicopters
shall be capable of continuing safe flight, the remaining power-unit(s) being operated within the approved
limitations.

(b) The minimum performance at all stages of take-off and climb shall be sufficient to ensure that under
conditions of operation departing slightly from the idealised conditions for which data are scheduled
(2.2.3), the departure from the scheduled values is not disproportionate.

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2.2.2.2.

Landing

(a) Starting from the approach configuration, in the event of critical power-unit failure at or before the
landing decision point (performance Class 1) or the defined A point before landing (performance Class 2),
the helicopter shall be capable of continuing safe flight, the remaining power-unit(s) being operated
within the approved limitations.

(b) Starting from the landing configuration, the helicopter shall be capable, in the event of a balked landing,

of making a climb out, with all power-units operating.

2.2.3.

S c h e d u l i n g o f p e r f o r m a n c e

Performance data shall be determined and scheduled in the helicopter flight manual so that their application
by means of the operating rules to which the helicopter is to be operated in accordance with 5.1.2 of Annex
6, Part III, will provide a safe relation between the performance of the helicopter and the aerodromes,
heliports and routes on which it is capable of being operated. Performance data shall be determined and
scheduled for the following stages for the ranges of mass, altitude or pressure-altitude, wind velocity, and
other ambient conditions and any other operational variables for which the helicopter is to be certificated,
and additionally for amphibians, water surface conditions and strength of current.

2.2.3.1.

Take-off. The take-off performance data shall include the take-off distance required and the take-off path. For
performance Class 1 helicopters, it shall also include the rejected take-off distance required.

2.2.3.1.1. Take-off decision point. (For performance Class 1 helicopters only) The take-off decision point shall be the
point in the take-off phase used in determining take-off performance and from which either a rejected
take-off may be made or a take-off safely continued, with the critical power-unit inoperative.

2.2.3.1.2. Take-off distance required. (For performance Class 1 helicopters only) The take-off distance required shall be the
horizontal distance required from the start of the take-off to the point at which VTOSS, a selected height
above the take-off surface, and a positive climb gradient are achieved, following failure of the critical
the remaining power-unit(s) operating within approved
power-unit at
operating limits.

the take-off decision point,

2.2.3.1.3. Rejected take-off distance required. (For performance Class 1 helicopters only) The rejected take-off distance
required shall be the horizontal distance required from the start of the take-off to the point where the
helicopter comes to a complete stop following a power unit failure and rejection of the take-off at the
take-off decision point.

2.2.3.1.4. Take-off distance required. (For performance Class 2 and 3 helicopters only) The take-off distance required shall
be the horizontal distance required from the start of take-off to the point where the best rate of climb speed
(Vy) or the best angle of climb speed (Vx) or a selected intermediate speed (provided this speed does not
involve flight within the avoid areas of the height-velocity diagrams) and a selected height above the take-off
surface are achieved, all engines operating at approved take-off power.

2.2.3.2.

En route. The en-route performance shall the climb, cruise, or descent performance with:

(a) the critical power-unit inoperative;

(b) the critical two power-units inoperative in the case of helicopters having three or more power-units; and

(c) the operating engine(s) not exceeding the power for which they are certificated.

2.2.3.3.

Landing. The landing performance data shall include the landing distance required and, for performance Class
1 helicopters, the landing decision point.

2.2.3.3.1. Landing decision point. (For performance Class 1 helicopters only) The landing decision point shall be the latest
point in the approach phase from which either a landing may be made or a rejected landing (go-around)
safely initiated, with the critical power-unit inoperative.

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2.2.3.3.2. Landing distance required. Landing distance required shall be the horizontal distance required to land and come
to a complete stop from a point on the approach flight path at a selected height above the landing surface.

2.3.

Flying qualities

The helicopter shall comply with the Standards of 2.3 at all altitudes up to the maximum the altitude in
question and for which the helicopter is approved.

2.3.1.

C o n t r o l l a b i l i t y

The helicopter shall be controllable and manoeuvrable under all anticipated operating conditions and it shall
be possible to make smooth transitions from one flight condition to another (e.g. turns, sideslips, changes of
engine power, changes of helicopter configurations) without requiring exceptional skill, alertness, or strength
on the part of the pilot even in the event of failure of any power-unit. A technique for safely controlling the
helicopter shall be established for all stages of flight and helicopter configurations for which performance is
scheduled.

2.3.1.1.

Controllability on the ground (or water). The helicopter shall be controllable on the ground (or on the water)
during taxiing, take-off, and landing under the anticipated operating conditions.

2.3.1.2.

Controllability during take-off. The helicopter shall be controllable in the event of sudden failure of the critical
power-unit at any point in the take-off, when the helicopter is handled in the manner associated with the
scheduling of take-off data.

2.3.2.

C h a r a c t e r i s t i c s o f

f l i g h t c o n t r o l s

The helicopter shall have such trim, and handling capabilities as to ensure that the demands made on the
pilot’s attention and ability to maintain a desired flight condition are not excessive when account is taken of
the stage of flight at which these demands occur and their duration. In the event of a malfunction of the
systems associated with the flight controls, there must not be any significant deterioration of the handling
characteristics.

2.3.3.

S t a b i l i t y

The helicopter shall have such stability in relation to its other flight characteristics, performance, structural
strength, and most probable operating conditions (e.g. helicopter configurations and speed ranges) as to
ensure that demands made on the pilot’s powers of concentration are not excessive when the stage of the
flight at which these demands occur and their duration are taken into account. The stability of the helicopter
shall not, however, be such that excessive demands are made on the pilot’s strength or that the safety of the
helicopter is prejudiced by lack of manoeuvrability in emergency conditions.

2.3.4.

A u t o r o t a t i o n

2.3.4.1.

Rotor speed control. The autorotation characteristics of the helicopter shall be such as to enable the pilot to
control the rotor speed within prescribed limits, and to maintain full control of the helicopter.

2.3.4.2.

Behaviour following a power loss. The behaviour of the helicopter following a power loss shall not be so
extreme as to make difficult a prompt recovery of rotor speed without exceeding the airspeed or strength
limitations of the helicopter.

2.3.4.3.

Autorotation airspeeds. The autorotation airspeeds recommended for maximum range and minimum rate of
descent shall be established.

2.3.5.

F l u t t e r a n d v i b r a t i o n

It shall be demonstrated by suitable tests that all parts of the helicopter are free from flutter and excessive
vibration in all helicopter configurations under all speed conditions within the operating limitations of the
helicopter (see 1.2.2). There shall be no vibration severe enough to interfere with control of the helicopter, to
cause structural damage or to cause excessive fatigue to the flight crew

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3.1.

General

CHAPTER 3 (cid:151) STRUCTURES

The Standards of Chapter 3 apply to the helicopter structure consisting of all portions of the helicopter, the
failure of which would seriously endanger the helicopter.

3.1.1.

M a s s a n d m a s s d i s t r i b u t i o n

Unless otherwise stated, all structural Standards shall be complied with when the mass is varied over the
applicable range and is distributed in the most adverse manner, within the operating limitations on the basis
of which certification is sought.

3.1.2.

L i m i t

l o a d s

Except as might be otherwise qualified, the external loads and the corresponding inertia loads, or resisting
loads obtained for the various loading conditions prescribed in 3.4, 3.5 and 3.6 shall be considered as limit
loads.

3.1.3.

S t r e n g t h a n d d e f o r m a t i o n

In the various loading conditions prescribed in 3.4, 3.5 and 3.6 no part of the helicopter structure shall
sustain detrimental deformation at any load up to and including the limit load, and the helicopter structure
shall be capable of supporting the ultimate load.

3.2.

Airspeeds

3.2.1.

D e s i g n a i r s p e e d s

Design airspeeds shall be established for which the helicopter structure is designed to withstand the corre-
sponding manoeuvring and gust loads in accordance with 3.4.

3.2.2.

L i m i t i n g a i r s p e e d s

Limiting airspeeds, based on the corresponding design airspeeds with safety margins, where appropriate, in
accordance with 1.2.1 shall be included in the helicopter flight manual as part of the operating limitations
(see 9.2.2). When airspeed limitations are a function of mass, mass distribution, altitude, rotor speed, power
or other factors, airspeed limitations based on the critical combination of these factors shall be established.

3.3.

Main rotor(s) rotational speed limits

A range of main rotor(s) speeds shall be established that:

(a) with power on, provides adequate margin to accommodate the variations in rotor speed occurring in any

appropriate manoeuvre, and is consistent with the kind of governor or synchroniser used; and

(b) with power off, allows each appropriate autorotative manoeuvre to be performed throughout the ranges

of airspeed and mass for which certification is requested

3.4.

Flight loads

The flight loading conditions of 3.4.1, 3.4.2 and 3.6 shall be considered for the range of mass and mass
distributions prescribed in 3.1.1 and at airspeeds established in accordance with 3.2.1. Asymmetrical as well
as symmetrical
loading shall be taken into account. The air, inertia, and other loads resulting from the
specified loading conditions shall be distributed so as to approximate actual conditions closely or to represent
them conservatively.

3.4.1.

M a n o e u v r i n g l o a d s

Manoeuvring loads shall be computed on the basis of manoeuvring load factors appropriate to the
manoeuvres permitted by the operating limitations. They shall not be less than values which experience
indicates will be adequate for the anticipated operating conditions.

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3.4.2.

G u s t

l o a d s

Gust loads shall be computed for vertical and horizontal gust velocities which statistics or other evidence
indicate will be adequate for the anticipated operating conditions.

3.5.

Ground and water loads

The structure shall be able to withstand all the loads due to the reactions of the ground or water surface, as
applicable, which are likely to arise during start-up, ground and water taxiing, lift-off, touchdown and rotor
braking.

3.5.1.

L a n d i n g c o n d i t i o n s

include such
The landing conditions at the design take-off mass and at the design landing mass shall
symmetrical and asymmetrical attitudes of the helicopter at ground or water contact, such velocities of
descent and such other factors affecting the loads imposed upon the structure as might be present in the
anticipated operating conditions.

3.6.

Miscellaneous loads

In addition to or in conjunction with the manoeuvring and gust loads and with the ground and water loads,
consideration shall be given to all other loads (flight control
loads, cabin pressures, effects of engine
loads due to external mass, etc.) which are likely to
loads due to changes of configuration,
operation,
occur in the anticipated operating conditions.

3.7.

Flutter, divergence and vibration

Each part of the helicopter structure shall be free from excessive vibration or oscillation (ground resonance,
flutter, etc.) under each appropriate speed and power condition.

3.8.

Fatigue strength

The strength and fabrication of the helicopter shall be such as to ensure that the probability of disastrous
fatigue failure of the helicopter’s structure under repeated loads and vibratory loads in the anticipated
operating conditions is extremely remote.

4.1.

General

CHAPTER 4 (cid:151) DESIGN AND CONSTRUCTION

Details of design and construction shall be such as to give reasonable assurance that all helicopter parts will
function effectively and reliably in the anticipated operating conditions. They shall be based upon practices
which experience has proven to be satisfactory or which are substantiated by special tests or by other
appropriate investigations or both.

4.1.1.

S u b s t a n t i a t i n g t e s t s

The functioning of all moving parts essential to the safe operation of the helicopter shall be demonstrated by
suitable tests in order to ensure that they will function correctly under all operating conditions for such parts.

4.1.2.

M a t e r i a l s

All materials used in parts of the helicopter essential for its safe operation shall conform to approved
specifications. The approved specifications shall be such that materials accepted as complying with the
specifications will have the essential properties assumed in the design.

4.1.3.

F a b r i c a t i o n m e t h o d s

The methods of fabrication and assembly shall be such as to produce a consistently sound structure which
shall be reliable with respect to maintenance of strength in service.

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4.1.4.

P r o t e c t i o n

The structure shall be protected against deterioration or loss of strength in service due to weathering,
corrosion, abrasion, or other causes, which could pass unnoticed, taking into account the maintenance
the helicopter will receive.

4.1.5.

I n s p e c t i o n p r o v i s i o n s

Adequate provision shall be made to permit any necessary examination, replacement, or reconditioning of
parts of the helicopter which require such attention, either periodically or after unusually severe operations.

4.1.6.

D e s i g n f e a t u r e s

Special consideration shall be given to design features which affect the ability of the flight crew to maintain
controlled flight. This shall include at least the following:

(a) Controls and control systems. The design of the controls and control systems shall be such as to minimise
inadvertent operations, and unintentional engagement of control surface

the possibility of jamming,
locking devices.

(i) Each control and control system shall operate with the ease, smoothness and positiveness appro-

priate to its function; and

(ii) Each element of each flight control system shall be designed to minimise the probability of any

incorrect assembly that could result in the malfunction of the system.

(b) Crew environment. The design of the flight crew compartment shall be such as to minimise the possibility
of incorrect or restricted operation of the controls by the crew, due to fatigue, confusion or interference.
Consideration shall be given at
lay-out and identification of controls and
instruments, rapid identification of emergency situations, sense of controls, ventilation, heating and noise.

to the following:

least

(c) Pilot vision. The arrangement of the pilot compartment shall be such as to afford a sufficiently extensive,
clear and undistorted field of vision for the safe operation of the helicopter, and to prevent glare and
reflections which would interfere with the pilot’s vision. The design features of the pilot windshield shall
permit under precipitation conditions sufficient vision for the normal conduct of flight and for the
execution of approaches and landing.

(d) Provision for emergencies. Means shall be provided which shall either automatically prevent or shall enable
the flight crew to deal with emergencies resulting from foreseeable failures of equipment and systems the
failure of which would endanger the helicopter. Reasonable provisions shall be made for continuation of
essential services following power-unit or system(s) failure(s) to the extent that such failure(s) are catered
for in performance and operating limitations Standards in this Annex and in Annex 6, Part III.

(e) Fire precautions. The design of the helicopter and the materials used in its manufacture including cabin
interior furnishing materials replaced during major refurbishing shall be such as to minimise the possi-
bility of in-flight and ground fires and also to minimise the production of smoke and toxic gases in the
event of a fire. Means shall be provided to contain or to detect and extinguish, wherever possible, all
accessible fires as might occur in such a way that no additional danger to the helicopter is caused.

(f)

Incapacitation of occupants. Design precautions shall be taken to protect against possible instances of cabin
depressurisation and against the presence of smoke or other toxic gases which could incapacitate the
occupants of the helicopter.

4.1.7.

E m e r g e n c y l a n d i n g p r o v i s i o n s

Provisions shall be made in the design of the helicopter to protect the occupants from fire and effects of
deceleration in the event of an emergency landing. Facilities shall be provided for rapid evacuation of the
helicopter in conditions likely to occur following an emergency landing and such facilities shall be related to
the passenger and crew capacity of
the helicopter. On helicopters certificated for ditching condition,
provisions shall also be made in the design to give maximum practicable assurance that safe evacuation
from the helicopter of passengers and crew can be executed in case of ditching.

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4.1.8.

G r o u n d h a n d l i n g

Adequate, provisions shall be made in the design to minimise the risk that ground handling operations (e.g.
towing, jacking) may cause damage, which could pass unnoticed, to the parts of the helicopter essential for
its safe operation. The protection which any limitations and instructions for such operations might provide
may be taken into account.

5.1.

Scope

CHAPTER 5 (cid:151) ENGINES

The Standards of Chapter 5 shall apply to engines of all types which are used on the helicopter as primary
propulsion units.

5.2.

Design, construction and functioning

The engine complete with accessories shall be designed and constructed so as to function reliably within its
operating limitations under the anticipated operating conditions when properly installed in the helicopter in
accordance with Chapter 6 and with the suitable rotor and power transmission installed.

5.3.

Declared ratings, conditions and limitations

The power ratings and the conditions of the atmosphere upon which they are based and all operating
conditions and limitations, which are intended to govern the operation of the engine, shall be declared.

5.4.

Tests

An engine of the type shall complete satisfactorily such tests as are necessary to verify the validity of the
declared ratings, conditions and limitations and to ensure that it will operate satisfactorily and reliably. The
tests shall include at least the following:

(a) Power calibration. Tests shall be conducted to establish the power characteristics of the engine when new
and also after the tests in (b) and (c). There shall be no excessive decrease in power at the conclusion of
all the tests specified.

(b) Operation. Tests shall be conducted to ensure that starting, idling, acceleration, vibration, overspeeding and
other characteristics are satisfactory and to demonstrate adequate margins of freedom from detonation,
surge, or other detrimental conditions as may be appropriate to the particular type engine.

(c) Endurance. Tests of sufficient duration shall be conducted at such powers, engine and rotor speeds and
other operating conditions as are necessary to demonstrate reliability and durability of the engine. They
shall also include operation under conditions in excess of the declared limits to the extent that such
limitations might be exceeded in actual service.

CHAPTER 6 (cid:151) ROTOR AND POWER TRANSMISSION SYSTEMS AND POWERPLANT INSTALLATION

6.1.

General

The powerplant installation, including rotor and power transmission system, shall comply with the Standards
of Chapter 4 and with the Standards of this chapter.

6.2.

Design, construction and functioning

The rotor and power transmission systems assembly complete with accessories shall be designed and
constructed so as to function reliably within its operating limitations under the anticipated operating
conditions when properly fitted to the engine and installed in the helicopter in accordance with this chapter.

6.3.

Declared ratings, conditions and limitations

The power ratings and all operating conditions and limitations, which are intended to govern the operation
of the rotor and power transmission systems, shall be declared.

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6.3.1.

M a x i m u m a n d m i n i m u m r o t o r r o t a t i o n a l s p e e d l i m i t a t i o n s

Maximum and minimum speeds for the rotors in both power-on and power-off conditions shall be estab-
lished. Any operating conditions (e.g. airspeed) which affect such maxima or minima shall be declared.

6.3.2.

R o t o r u n d e r s p e e d a n d o v e r s p e e d w a r n i n g s

When the helicopter is made to approach a rotor rotational speed limit, with or without power-units
inoperative, clear and distinctive warnings shall be apparent to the pilot. The warnings and initial charac-
teristics of the condition shall be such as to enable the pilot to arrest the development of the condition after
the warning begins, and to recover the rotor rotational speed to within prescribed normal limits and to
maintain full control of the helicopter.

6.4.

Tests

Rotor and power transmission systems shall complete satisfactorily such tests as are necessary to ensure that
they will operate satisfactorily and reliably within the declared ratings, conditions and limitations. The tests
shall include at least the following:

(a) Operation. Tests shall be conducted to ensure that strength vibration and overspeeding characteristics are
satisfactory and to demonstrate proper and reliable functioning of pitch changing and control mech-
anisms and free wheel mechanisms.

(b) Endurance. Tests of sufficient duration shall be conducted at such powers, engine and rotor speeds and
other operating conditions as are necessary to demonstrate reliability and durability of the rotor and
power transmission systems.

6.5.

Compliance with engine and rotor and power transmission systems limitations

The powerplant installation shall be so designed that the engines and rotor and power transmission systems
are capable of being used in the anticipated operating conditions. In conditions established in the helicopter
flight manual the helicopter shall be capable of being operated without exceeding the limitations established
for the engines and rotor and power transmission systems in accordance with Chapters 5 and 6.

6.6.

Control of engine rotation

In those installations where continued rotation of an engine which had failed would increase the hazard of
fire or of a serious structural failure, means shall be provided for the crew to stop the rotation of the engine
in flight, or to reduce it to a safe level.

6.7.

Engine restarting

Means shall be provided for restarting an engine at altitudes up to a declared maximum altitude.

6.8.

Arrangement and functioning

6.8.1.

I n d e p e n d e n c e o f p o w e r - u n i t s

For performance Class 1 and 2 helicopters, the powerplant shall be arranged and installed so that each
power-unit together with its associated systems is capable of being controlled and operated independently
from the others and so that there is at least one arrangement of the powerplant and systems in which any
failure, unless the probability of its occurrence is extremely remote, cannot result in a loss of more power
than that resulting from complete failure of the critical power-unit.

6.8.2.

R o t o r a n d p o w e r t r a n s m i s s i o n s y s t e m s v i b r a t i o n

The vibration stresses for the rotor and power transmission systems shall be determined and shall not exceed
values which have been found safe for operation within the operating limitations established for the heli-
copter.

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6.8.3.

C o o l i n g

The cooling system shall be capable of maintaining powerplant and power transmission systems temperatures
within the established limits (see 6.5) at all ambient temperatures approved for operation of the helicopter.
The maximum and minimum air temperatures for which the powerplant and power transmission systems
have been established to be suitable shall be scheduled in the helicopter flight manual.

6.8.4.

A s s o c i a t e d s y s t e m s

The fuel, oil, air induction, and other systems associated with each power-unit, each power transmission unit
and each rotor, shall be capable of supplying the appropriate unit in accordance with its established
requirements, under all conditions affecting the functioning of the systems (e.g. engine power setting,
helicopter attitudes and accelerations, atmospheric conditions, fluid temperatures) within the anticipated
operating conditions.

6.8.5.

F i r e p r o t e c t i o n

For designated fire zones where the potential fire hazards are particularly serious because of the proximity of
ignition sources to combustible materials, the following shall apply in addition to the general Standard of
4.1.6 (e).

(a) Isolation. Such zones shall be isolated by fire resisting material from other zones of the helicopter where
the presence of fire would jeopardise continued flight, taking into account the probable points of origin
and paths of propagation of fire.

(b) Flammable fluids. Flammable fluid system components located in such zones shall be capable of containing
the fluid when exposed to fire conditions. Means shall be provided for the crew to shut off the flow of
hazardous quantities of flammable fluids into such zones if a fire occurs.

(c) Fire protection. There shall be provided a sufficient number of fire detectors so located as to ensure rapid

detection of any fire which might occur in such zones.

(d) Fire extinguishment. Such zones shall be provided with a fire extinguisher system capable of extinguishing
any fire likely to occur therein, unless the degree of isolation, quantity of combustibles, fire resistance of
the structure, and other factors, are such that any fire likely to occur in the zone would not jeopardise the
safety of the helicopter.

7.1.

Required instruments and equipment

CHAPTER 7 (cid:151) INSTRUMENTS AND EQUIPMENT

The helicopter shall be provided with approved instruments and equipment necessary for the safe operation
of the helicopter in the anticipated operating conditions. These shall include the instruments and equipment
necessary to enable the crew to operate the helicopter within its operating limitations.

7.2.

Installation

Instrument and equipment installations shall comply with the Standards of Chapter 4.

7.3.

Safety and survival equipment

Prescribed safety and survival equipment which the crew or passengers are expected to use or operate at the
time of an emergency shall be reliable, readily accessible and easily identified, and its method of operation
shall be plainly marked.

7.4.

Navigation lights and anti-collision lights

7.4.1.

The lights required by Annex 2 to be displayed by helicopters in flight or operating on the movement area of
an aerodrome or a heliport shall have intensities, colours, fields of coverage and other characteristics such
that they furnish the pilot of another aircraft or personnel on the ground with as much time as possible for
interpretation and for subsequent manoeuvre necessary to avoid a collision. In the design of such lights due
account shall be taken of the conditions under which they may reasonably be expected to perform these
functions.

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7.4.2.

Lights shall be installed in helicopters so as to minimise the possibility that they will:

(a) adversely affect the satisfactory performance of the flight crews’ duties; or

(b) subject an outside observer to harmful dazzle.

CHAPTER 8 (cid:151) ELECTRICAL SYSTEMS

The electrical system shall be so designed and installed as to ensure that it will perform its intended function under any
foreseeable operating conditions.

CHAPTER 9 (cid:151) OPERATING LIMITATIONS AND INFORMATION

9.1.

General

The operating limitations within which compliance with the Standards of this Annex is determined, together
with any other information necessary to the safe operation of the helicopter, shall be made available by
means of a helicopter flight manual, markings and placards, and such other means as may effectively
accomplish the purpose. The limitations and information shall include at least those prescribed in 9.2, 9.3
and 9.4.

9.2.

Operating limitations

Limitations which there is a risk of exceeding in flight and which are defined quantitatively shall be expressed
in suitable units and corrected if necessary for errors in measurements so that the flight crew can, by
reference to the instruments available to them, readily determine when the limitations are reached.

9.2.1.

L o a d i n g l i m i t a t i o n s

The loading limitations shall include all limiting mass, centres of gravity positions, mass distributions, and
floor loadings (see 1.2.2).

9.2.2.

A i r s p e e d l i m i t a t i o n s

The airspeed limitations shall include all speeds (see 3.2) which are limiting from the standpoint of structural
integrity or flying qualities of the helicopter, or from other considerations. These speeds shall be identified
with respect to the appropriate helicopter configurations and other pertinent factors.

9.2.3.

P o w e r p l a n t a n d p o w e r t r a n s m i s s i o n l i m i t a t i o n s

The powerplant limitations shall include all those established for the various powerplant and transmission
components as installed in the helicopter.

9.2.4.

R o t o r l i m i t a t i o n s

Limitations on rotor speeds shall include maximum and minimum rotor speeds for power-off (autorotation)
and power-on conditions.

9.2.5.

L i m i t a t i o n s o n e q u i p m e n t a n d s y s t e m s

The limitations on equipment and systems shall include all those established for the various equipment and
systems as installed in the helicopter.

9.2.6.

M i s c e l l a n e o u s l i m i t a t i o n s

Any necessary limitations with respect to conditions found to be prejudicial to the safety of the helicopter
(see 1.2.1).

9.2.7.

F l i g h t c r e w l i m i t a t i o n s

The flight crew limitations shall include the minimum number of flight crew personnel necessary to operate
the helicopter, having regard among other things to the accessibility to the appropriate crew members of all
necessary controls and instruments and to the execution of the established emergency procedures.

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9.3.

Operating information and procedures

9.3.1.

T y p e s o f e l i g i b l e o p e r a t i o n s

There shall be listed the particular types of operations, as may be defined in Annex 6, Part III, to the
Convention or be generally recognised, for which the helicopter has been shown to be eligible by virtue
of compliance with the appropriate airworthiness requirements.

9.3.2.

L o a d i n g i n f o r m a t i o n

The loading information shall include the empty mass of the helicopter, together with a definition of the
condition of the helicopter at the time of weighing, the responding centre of gravity position, and the
reference point(s) and datum line(s) to which the centre of gravity limits are related.

9.3.3.

O p e r a t i n g p r o c e d u r e s

A description shall be given of normal and emergency operating procedures which are peculiar to the
particular helicopter and necessary for its safe operation. These shall include procedures to be followed in
the event of failure of one or more power-units.

9.3.4.

H a n d l i n g i n f o r m a t i o n

Sufficient information shall be given on any significant or unusual features of the helicopter characteristics.

9.4.

Performance information

The performance of the helicopter shall be scheduled in accordance with 2.2. There shall be included
information regarding the various helicopter configurations and powers involved and the relevant speeds,
together with information which would assist the flight crew in attaining the performance as scheduled.

9.5.

Helicopter flight manual

A helicopter flight manual shall be made available. It shall identify clearly the specific helicopter or series of
helicopters with which it is related. The helicopter flight manual shall
include at least the limitations,
information and procedures specified in this chapter.

9.6.

Markings and placards

9.6.1.

9.6.2.

Markings and placards on instruments, equipment, controls, etc., shall include such limitations or information
as necessary, for the direct attention of the flight crew during flight.

Markings and placards, or instructions, shall be provided to give any information which is essential to the
ground crew in order to preclude the possibility of mistakes in ground servicing (e.g. towing, refuelling, etc.)
which could pass unnoticed and which could jeopardise the safety of the helicopter in subsequent flights.