The Aviation Safety (Amendment) (No. 3) Regulations 2021

(3) the applicable provisions of Annex I (Part-26) to Regulation (EU) 2015/640.

CHAPTER 5 — Amendment of Commission Regulation (EU) No 2015/640

Commission Regulation (EU) 2015/640 (airworthiness specifications)

18

Commission Regulation (EU) 2015/640 of 23 April 2015 on additional airworthiness specifications for a given type of operations and amending Regulation (EU) No 965/2012[^f00008] is amended in accordance with regulations 19 to 21.

Amendment of Article 1 of Commission Regulation (EU) 2015/640

19

For Article 1 (scope) substitute—

(1) This Regulation lays down common additional airworthiness specifications related to the continuing airworthiness and safety improvements of aircraft. (2) This Regulation applies to: (a) operators of: (i) aircraft registered in the United Kingdom; (ii) aircraft registered in a third country and used by an operator over which the United Kingdom ensures oversight; (b) holders of a type-certificate, restricted type-certificate, supplemental type-certificate or a change and repair design approval approved by the CAA in accordance with Commission Regulation (EU) No 748/2012 or deemed to have been issued in accordance with Article 3 of that Regulation; (c) the applicants for a type-certificate or a restricted type-certificate for a turbine-powered large aeroplane, for which the application was submitted before 1 January 2019 and who are issued with the certificate after 26 August 2020 when specified in Annex I (Part-26).

Amendment of Article 2 Commission Regulation (EU) 2015/640

20

For Article 2 (definitions), substitute—

For the purposes of this Regulation, (a) ‘airworthiness limitation section’ (ALS) means a section in the instructions for continued airworthiness, as required by points 21.A.61, 21.A.107 and 21.A.120A of Annex I (Part 21) to Regulation (EU) No 748/2012, that contains airworthiness limitations that set out each mandatory replacement time, inspection interval and related inspection procedure; (b) ‘baseline structure’ refers to the structure that is designed under the type certificate for that aeroplane model (that is, the ‘as delivered aeroplane model configuration’); (c) ‘corrosion prevention and control programme’ (CPCP) means a document reflecting a systematic approach to prevent and to control corrosion in an aeroplane’s primary structure, consisting of basic corrosion tasks, including inspections, areas subject to those tasks, defined corrosion levels and compliance times (implementation thresholds and repeat intervals). A baseline CPCP is established by the type certificate holder, which can be adapted by operators to create a CPCP in their maintenance programme specific to their operations; (d) ‘damage tolerance evaluation’ (DTE) is a process that leads to a determination of maintenance actions necessary to detect or preclude fatigue cracking that could contribute to a catastrophic failure. When applied to repairs and changes, a DTE includes the evaluation of the repair or change and the fatigue critical structure affected by the repair or change; (e) ‘damage tolerance inspection’ (DTI) means a documented inspection requirement or other maintenance action developed by holders of a type-certificate or restricted type-certificate as a result of a damage tolerance evaluation. A DTI includes the areas to be inspected, the inspection method, the inspection procedures (including the sequential inspection steps and acceptance and rejection criteria), the inspection threshold and any repetitive intervals associated with those inspections. DTIs may also specify maintenance actions such as replacement, repair or modification; (f) ‘fatigue-critical baseline structure’ (FCBS) means the baseline structure of an aeroplane that is classified by the type certificate holder as a fatigue-critical structure; (g) ‘fatigue-critical structure’ (FCS) means a structure of an aeroplane that is susceptible to fatigue cracking that could lead to a catastrophic failure of the aeroplane; (h) ‘fatigue-critical modified structure’ (FCMS) means any fatigue critical structure of an aeroplane introduced or affected by a change to its type design and that is not already listed as part of the fatigue-critical baseline structure; (i) ‘limit of validity’ (LOV) means, in the context of the engineering data that supports the structural maintenance programme, a period of time, stated as a number of total accumulated flight cycles or flight hours or both, during which it is demonstrated that widespread fatigue damage will not occur in the aeroplane; (j) ‘maximum operational passenger seating configuration’ means the maximum passenger seating capacity of an individual aircraft, excluding crew seats, established for operational purposes and specified in the operations manual; (k) ‘large aeroplane’ means an aeroplane that has the Certification Specifications for large aeroplanes ‘ CS-25 ’ or equivalent in its certification basis; (l) ‘large helicopter’ means a helicopter that has the Certification Specifications for large rotorcraft ‘ CS-29 ’ or equivalent in its certification basis; (m) ‘low-occupancy aeroplane’ means an aeroplane that has a maximum operational passenger seating configuration of: - (1)up to and including 19 seats, or; - (2)up to and including one third of the maximum passenger seating capacity of the type-certified aeroplane, as indicated in the aeroplane type-certificate data sheet (TCDS), provided that both of the following conditions are met: - (a)the total number of passenger seats approved for occupancy during taxiing, take-off or landing does not exceed 100 per deck; - (b)the maximum operational passenger seating configuration during taxiing, take-off or landing in any individual zone between pairs of emergency exits (or any dead-end zone) does not exceed one third of the sum of the passenger seat allowances for the emergency exit pairs bounding that zone (using the passenger seat allowance for each emergency exit pairs as defined by the applicable certification basis of the aeroplane). For the purpose of determining compliance with this zonal limitation, in the case of an aeroplane that has deactivated emergency exits, it shall be assumed that all emergency exits are functional. (n) ‘repair evaluation guideline’ (REG) means a process established by the type certificate holder that guides operators to establish damage tolerance inspections for repairs that affect fatigue-critical structure to ensure the continued structural integrity of all relevant repairs; (o) ‘widespread fatigue damage’ (WFD) means a simultaneous presence of cracks at multiple locations in the structure of an aeroplane that are of such size and number that the structure will no longer meet the fail-safe strength or residual strength used for certification of that structure.

Amendment of Annex 1 to Commission Regulation (EU) 2015/640

21

• (1) Annex 1 (Part-26 – additional airworthiness specifications for operations) is amended as follows.

• (2) For the Table of Contents, substitute—

• SUBPART A – GENERAL PROVISIONS
• 26.20 Temporary inoperative equipment
• 26.30 Demonstration of compliance
• SUBPART B – LARGE AEROPLANES
• 26.50 Seats, berths, safety belts, and harnesses
• 26.60 Emergency landing – dynamic conditions
• 26.100 Location of emergency exits
• 26.105 Emergency exit access
• 26.110 Emergency exit markings
• 26.120 Interior emergency lighting and emergency light operation
• 26.150 Compartment interiors
• 26.155 Flammability of cargo compartment liners
• 26.156 Thermal or acoustic insulation materials
• 25.157 Conversion of Class D compartments
• 26.160 Lavatory fire protection
• 26.170 Fire extinguishers
• 26.200 Landing gear aural warning
• 26.205 Runway overrun awareness and alerting systems
• 26.250 Flight crew compartment door operating systems – single incapacitation
• 26.300 Continuing structural integrity programme for ageing aeroplanes structures – general requirements
• 26.301 Compliance Plan for (R)TC holders
• 26.302 Fatigue and damage tolerance evaluation
• 26.303 Limit of Validity
• 26.304 Corrosion prevention and control programme
• 26.305 Validity of the continuing structural integrity programme
• 26.306 Fatigue critical baseline structure
• 26.307 Damage tolerance data for existing changes to fatigue critical structure
• 26.308 Damage tolerance data for existing repairs to fatigue critical structure
• 26.309 Repair evaluation guidelines
• 26.330 Damage tolerance data for existing supplemental type-certificates (STCs), other existing major changes and existing repairs affecting those changes or STCs
• 26.331 Compliance Plan for STC holders
• 26.332 Identification of changes affecting fatigue critical structure
• 26.333 Damage tolerance data for STCs and repairs to those STCs approved on or after 1 September 2003
• 26.334 Damage tolerance data for STCs and other changes and repairs to those changes approved before 1 September 2003
• 26.370 Continuing airworthiness tasks and aircraft maintenance programme
• SUBPART C – LARGE HELICOPTERS
• 26.400 Fire extinguishers
• Appendix I – List of aeroplane models not subject to certain provisions of Annex I (Part 26)

• (3) In point 26.30—

• (a) for point (a) substitute—

(a) The CAA shall issue, in accordance with Article 76(3) of Regulation (EU) 2018/1139, certification specifications as standard means to demonstrate compliance with this Annex. The certification specifications shall be sufficiently detailed and specific to indicate the conditions under which compliance with the requirements of this Annex may be demonstrated.

• (b) for point (b) substitute—

(b) Operators and holders of a type certificate, restricted type certificate, supplemental type certificate or a change and repair design approval may demonstrate compliance with the requirements of this Annex by complying with either of the following: (i) the specifications issued by the CAA under point (a) of this point or the equivalent certification specifications issued by the CAA under point 21.B.70 of Annex I to Regulation (EU) No 748/2012; (ii) technical standards offering an equivalent level of safety to those included in those certification specifications.

• (c) after point 26.30(b) insert—

(c) Holders of a type certificate, restricted type certificate, supplemental type certificate or a change and repair design approval shall make available to each known operator of the aeroplanes any changes to the “Instructions for Continued Airworthiness” (ICA) required to demonstrate compliance with this Annex. For the purposes of this Regulation, the ICA also include damage tolerance inspections (DTIs), repair evaluation guidelines (REGs), a baseline corrosion prevention and control programme (CPCP) and a list of fatigue-critical structures (FCSs) and airworthiness limitation sections (ALSs).

• (4) For the text of point 26.60 substitute—

Operators of large aeroplanes used in commercial air transport of passengers, type-certified on or after 1 January 1958, and for which the individual certificate of airworthiness is first issued on or after 26 February 2021 shall demonstrate for each seat type design approved for occupancy during taxiing, take-off or landing that the occupant is protected when exposed to loads resulting from emergency landing conditions. The demonstration shall be made by one of the following means: (a) successfully completed dynamic tests; (b) rational analysis providing equivalent safety, based on dynamic tests of a similar seat type design. The obligation set out in the first point shall not apply to the following seats: (a) flight deck crew seats; (b) seats in low-occupancy aeroplanes involved only in on-demand non-scheduled commercial air transport operations; (c) seats in an aeroplane model listed in Table A.1 of Appendix 1 and carrying a manufacturer serial number listed in that Table.

• (5) After point 26.156 insert—

(26.157) Operators of large aeroplanes used in commercial air transport, type certified on or after 1 January 1958 shall ensure that: (a) for aeroplanes, the operation of which involves the transport of passengers, each Class D cargo or baggage compartment, regardless of its volume, complies with the certification specifications applicable to a Class C compartment; (b) for aeroplanes, the operation of which involves the transport of cargo only, each Class D cargo compartment, regardless of its volume, complies with the certification specifications applicable to either a Class C or a Class E compartment.

• (6) After point 26.200 insert—

26.205 Runway overrun awareness and alerting systems (a) Operators of large aeroplanes used in commercial air transport shall ensure that every aeroplane for which the first individual certificate of airworthiness was issued on or after 1 January 2026, is equipped with a runway overrun awareness and alerting system. (b) This system shall be designed in a manner allowing to reduce the risk of a longitudinal runway excursion during landing by providing an alert, in-flight and on the ground, to the flight crew when the aeroplane is at risk of not being able to stop within the available distance to the end of the runway.

• (7) After point 26.250 insert—

26.300 Continuing structural integrity programme for ageing aeroplanes structures – general requirements (a) A holder of a type-certificate (TC) or a restricted TC for a turbine-powered large aeroplane certified on or after 1 January 1958, for which the application for TC was submitted before 1 January 2019, shall establish a continuing structural integrity programme for ageing aeroplane structures, which shall comply with the requirements set out in points 26.301 to 26.309. (b) Point (a) shall not apply to an aeroplane model which was issued with a type-certificate before 26 February 2021 and which meets any of the following conditions: (i) it is listed in Table A.1 of Appendix 1 of this Annex; (ii) it is no longer operated after 26 February 2021; (iii) it has not been certified to conduct civil operation with a payload or passengers; (iv) it has a restricted TC issued before 26 February 2021 in accordance with damage tolerance requirements, provided that it is not operated beyond 75 % of its design service goal and is primarily operated in support of the approval holder’s manufacturing operation; (v) it is certified with a restricted TC and is designed primarily for firefighting. The exceptions provided for in points (b)(ii) to (b)(v) shall apply only if the holder of a type-certificate (TC) or a restricted TC submits to the CAA before 27 May 2022 for approval a list identifying the aeroplane type and models, variations or serial numbers together with information supporting the reasons why the aeroplane has been included in the list. (c) For an aeroplane model which was issued with a first type-certificate before 26 February 2021 and for which an existing change or repair is not and will not be incorporated in any aeroplane in operation on and after 26 February 2023 points (a)(ii) and (a)(iii) of point 26.307 and point (a)(ii) of point 26.308 shall not apply if before 26 February 2023 the holder of a type-certificate (TC) or a restricted TC submits to the CAA for the approval the list of all changes and repairs. 26.301 Compliance Plan for (R)TC holders (a) A holder of a type-certificate (TC) or a restricted TC for a turbine-powered large aeroplane certified on or after 1 January 1958, for which the application for TC was submitted before 1 January 2019 shall: (i) establish a compliance plan for continuing structural integrity that describes the planned demonstration of compliance with the requirements set out in points 26.302 to 26.309; (ii) submit the compliance plan for continuing structural integrity referred in point (i) to the CAA before 27 May 2022 for approval. (b) An applicant for a TC or restricted TC referred to in Article 1 paragraph 2(c) shall: (i) establish a compliance plan for continuing structural integrity that describes the planned demonstration of compliance with the requirements set out in points 26.303 to 26.306; (ii) submit the compliance plan for continuing structural integrity referred to in point (i) to the CAA before 27 May 2022 or, before the issuance of the certificate, if it occurs later, for approval. 26.302 Fatigue and damage tolerance evaluation (a) A holder of a type-certificate (TC) or a restricted TC, for a turbine-powered large aeroplane certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lbs) or more, certified on or after 1 January 1958, for which the application for TC was submitted before 1 January 2019, shall carry out a fatigue and damage tolerance evaluation of the aeroplane structure and develop the DTI that will avoid catastrophic failures due to fatigue throughout the operational life of the aeroplane. (b) Unless the documentation describing the DTI referred to in point (a) have already been approved by the CAA in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012, the holder of a TC or a restricted TC shall submit that documentation to the CAA before 26 February 2024 for approval. 26.303 Limit of Validity (a) A holder of a type-certificate (TC) or a restricted TC, for a turbine-powered large aeroplane certified on or after 1 January 1958, for which the application for TC was submitted before 1 January 2019, certified with a maximum take-off weight (MTOW) greater than 34 019 kg (75 000 lbs), shall: (i) establish a limit of validity (LOV) and include that LOV in an amended ALS; (ii) identify existing and new maintenance actions upon which the LOV depends, and develop service information necessary for operators to implement those maintenance actions and submit the service information for the maintenance actions to the CAA in accordance with a binding schedule agreed with the CAA. The aeroplane structural configurations to be evaluated for the purpose of establishing the LOV shall include all model variations and derivatives approved under the TC before 26 February 2021 and all structural changes and replacements to the structural configurations of those aeroplanes that are required by an airworthiness directive issued before 26 February 2021. By way of derogation from point (a)(ii), a holder of a type-certificate (TC) or a restricted TC for a turbine-powered large aeroplane shall not be required to develop and submit to the CAA the service information for a maintenance action applicable to an aeroplane model which will no longer be operated after the scheduled point of submittal for the service information of that maintenance action. For this exception to take effect, the holder of a type-certificate (TC) or a restricted TC shall inform the CAA not later than the date at which the aeroplane model ceases operation. (b) The holder of the type-certificate (TC) or the restricted TC shall submit the LOV established in accordance with point (a) and the amendment to the ALS referred to in that point together with the binding schedule to the CAA for approval, before the deadlines established in points (i) to (iii): (i) 26 August 2023 for fatigue critical structure with a certification basis that does not include a damage tolerance evaluation; (ii) 26 February 2027 for aeroplane structure subject to ongoing full-scale fatigue testing at the date of the applicability of this amending Regulation; (iii) 26 February 2026 for all other aeroplane structures. (c) An applicant for a TC or restricted TC as referred in Article 1 paragraph 2(c), for a turbine-powered large aeroplane with a maximum take-off weight (MTOW) greater than 34 019 kg (75 000 lbs), shall: (i) establish a limit of validity (LOV) and include that LOV in the ALS; (ii) identify existing and new maintenance actions upon which the LOV depends, and develop service information necessary for operators to implement those maintenance actions and submit the service information for the maintenance actions to the CAA in accordance with a binding schedule agreed with the CAA. (d) The applicant for a TC or restricted TC as referred in Article 1 paragraph 2(c) shall submit the LOV established in accordance with point (c) above and the ALS referred to in that point together with the binding schedule to the CAA, for approval. (e) The following deadlines shall apply to the obligations referred to in point (d): (i) before the date approved by the CAA in the plan of the applicant for completing tests and analyses of any aeroplane structure requiring new full-scale fatigue testing to support establishment of the LOV; (ii) before 26 February 2026 for all other aeroplane structures. 26.304 Corrosion prevention and control programme (a) A holder of a type-certificate (TC) or a restricted TC for a turbine-powered large aeroplane certified on or after 1 January 1958, for which the application for TC was submitted before 1 January 2019, shall establish a baseline corrosion prevention and control programme (CPCP). (b) Unless the baseline CPCP referred to in point (a) has already been approved by the CAA in accordance with point 21.A.3B(c)(1) of Annex 1 to Regulation (EU) No 748/2012 or in a maintenance review board report (MRBR) approved by the CAA, the holder of a type-certificate (TC) or a restricted TC shall submit the CPCP to the CAA before 26 February 2024, for approval. (c) An applicant for a TC or restricted TC as referred to in Article 1 paragraph 2(c), for a turbine-powered large aeroplane shall establish a baseline corrosion prevention and control programme (CPCP) prior to the TC being issued. 26.305 Validity of the continuing structural integrity programme (a) A holder of a type-certificate (TC) or a restricted TC for a turbine-powered large aeroplane certified on or after 1 January 1958, for which the application for TC was submitted before 1 January 2019, shall establish and implement a process that ensures that the continuing structural integrity programme remains valid throughout the operational life of the aeroplane, taking into account service experience and current operations. (b) The holder of a type-certificate (TC) or a restricted TC shall submit a description of the process referred to in point(a) to the CAA before 26 February 2024 for approval. The holder of a type-certificate (TC) or a restricted TC shall implement the process within 6 months after its approval by the CAA. (c) An applicant for a TC or restricted TC as referred to in Article 1 paragraph 2(c) for a turbine-powered large aeroplane, shall establish and implement a process that ensures that the continuing structural integrity programme remains valid throughout the operational life of the aeroplane, taking into account service experience and current operations. It shall submit a description of the process to the CAA before 26 February 2024, or before the issuance of the certificate, whichever occurs later, for approval and shall implement the process within 6 months after its approval by the CAA. 26.306 Fatigue critical baseline structure (a) A holder of a type-certificate (TC) or a restricted TC for a turbine-powered large aeroplane certified on or after 1 January 1958, for which the application for TC was submitted before 1 January 2019 and certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lbs) or more shall identify and list the fatigue-critical baseline structures (FCBS) for all aeroplane model variations and derivatives included in the TC or restricted TC. (b) The holder of a type-certificate (TC) or a restricted TC shall submit the list of the structures referred to in point (a) to the CAA before 26 August 2022 for approval. (c) Upon approval of the list referred to in point (a) by the CAA, the holder of a type-certificate (TC) or a restricted TC shall make it available to operators and persons required to comply with points 26.330 and 26.370. (d) An applicant for a TC or restricted TC as referred to in Article 1 paragraph 2(c), for a turbine-powered large aeroplane to be certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lbs) or more shall identify and list the fatigue-critical baseline structures (FCBS) for all aeroplane model variations and derivatives included in the TC or restricted TC. It shall submit the list of these structures to the CAA before 26 August 2022, or before the issuance of the certificate, whichever occurs later, for approval. (e) Upon approval of the list referred to in point (d) by the CAA, the applicant for a TC or restricted TC as referred to Article 1 paragraph 2(c) shall make it available to operators and persons required to comply with point 26.370. 26.307 Damage tolerance data for existing changes to fatigue-critical structure (a) A holder of a type-certificate (TC) or restricted TC for a turbine-powered large aeroplane certified on or after 1 January 1958 certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lbs) or more, for changes and fatigue-critical modified structure (FCMS) existing on 26 February 2021 shall: (i) review existing design changes (design modifications) and identify all changes that affect FCBS identified in accordance with point 26.306; (ii) for each change identified in accordance with point (a)(i), identify any associated fatigue-critical modified structure (FCMS); (iii) for each change identified in accordance with point (a)(i), perform a damage tolerance evaluation and establish and document the associated damage tolerance inspections; (b) The holder of a type-certificate (TC) or a restricted TC shall submit the list of all fatigue-critical modified structure (FCMS) identified in accordance with point (a)(ii) to the CAA before 26 February 2023, for approval. (c) The holder of a type-certificate (TC) or a restricted TC shall submit the damage tolerance data, including DTI, resulting from the evaluation performed in accordance with point (a)(iii) to the CAA before 26 August 2023 for approval. (d) Upon approval by the CAA of the FCMS list submitted in accordance with point (b), the holder of a type-certificate (TC) or restricted shall make that list available to operators and persons required to comply with points 26.330 and 26.370. 26.308 Damage tolerance data for existing repairs to fatigue-critical structure (a) A holder of a type-certificate (TC) or restricted TC for a turbine-powered large aeroplane certified on or after 1 January 1958 certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lbs) or more, for published repairs existing on 26 February 2021 shall: (i) review the repair data and identify each repair specified in the data that affects the fatigue-critical baseline structure and the fatigue-critical modified structure identified in accordance with point (a) of point 26.306 and point (a)(ii) of point 26.307; (ii) perform a damage tolerance evaluation for each repair identified in accordance with point (a)(i), unless previously done. (b) The holder of a type-certificate (TC) or restricted TC shall submit the damage tolerance data, including DTI, resulting from the evaluation performed in accordance with point (a)(ii) to the CAA before 26 May 2023 for approval, unless already approved in accordance with point 21.A.435(b)(2) of Annex I (Part 21) to Regulation (EU) No 748/2012 before 26 August 2023. 26.309 Repair evaluation guidelines (a) A holder of a type-certificate (TC) or restricted TC for a turbine-powered large aeroplane certified on or after 1 January 1958 certified to carry 30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lbs) or more and for which the TC or restricted TC was issued prior to 11 January 2008, shall develop repair evaluation guidelines (REGs) to establish: (i) a process for conducting surveys of affected aeroplane that enables the identification and documentation of all existing repairs affecting the fatigue-critical structure identified in accordance with point (a) of point 26.306 and point (a)(ii) of point 26.307; (ii) a process that enables operators to obtain a DTI for repairs identified in accordance with point (a)(i); (iii) an implementation schedule that provides time frames for conducting aeroplane surveys, obtaining DTIs and incorporating DTIs into the maintenance programme of the operator of the aeroplane. (b) The holder of a TC or a restricted TC shall submit the repair evaluation guidelines developed in accordance with point (a) to the CAA before 26 February 2024, for approval. 26.330 Damage tolerance data for existing supplemental type-certificates (STCs), other existing major changes and existing repairs affecting those changes or STCs (a) A holder of a STC issued before 26 February 2022 for a major change, or a holder of a major change that has been deemed approved in accordance with Article 4 of Regulation (EU) No 748/2012, for large aeroplanes certified on or after 1 January 1958 to carry 30 or more passengers or that have a payload capacity of 3 402 kg (7 500 lbs) or more, shall support operators required to comply with point 26.370(a)(ii) by addressing the adverse effects of those changes and repairs to those changes on the aeroplane structure and shall comply with the requirements set out in points 26.331 to 26.334. (b) Point (a) shall not apply to major changes and repairs to an aeroplane model first certified prior to 26 February 2022 when that aeroplane model meets any of the following conditions: (i) it is listed in Table A.1 of Appendix 1; (ii) it no longer operates after 26 February 2022; (iii) it has not been certified to conduct civil operation with a payload or passengers; (iv) it has a restricted TC and have been certified in accordance with damage tolerance requirements, provided that it is not operated beyond 75 % of its design service goal and is primarily operated in support of the restricted TC holders manufacturing operation; (v) it is certified with a restricted TC and is designed primarily for firefighting; (c) Point (a) shall not apply to major changes and repairs to an aeroplane first certified prior to 26 February 2022 when the changes or repairs are not, and will not be, embodied on any aeroplane in operation on or after 26 August 2023. (d) The exceptions provided for in points (b)(ii) to (b)(v) and (c) shall apply only after the change approval holder submits a list of changes that affect fatigue-critical baseline structure, together with information supporting the reasons why each change has been included in the list, to the CAA before 26 February 2023 for approval. 26.331 Compliance Plan for STC holders A holder of a change approval shall: (a) establish a compliance plan that addresses the requirements of points 26.332 to 26.334; (b) submit the compliance plan referred in point (a) to the CAA before 25 August 2022, for approval. 26.332 Identification of changes affecting fatigue critical structure (a) A holder of a change approval shall: (i) review the changes and shall identify those changes that affect fatigue-critical baseline structure; (ii) for each change identified in accordance with point (a)(i), identify any associated FCMS; (iii) identify the published repairs affecting each change identified in accordance with point (a)(i). (b) The holder of a change approval that was issued on or after 1 September 2003, shall develop and submit a list of the changes and FCMS identified in accordance with points (a)(i) and (a)(ii) to the CAA before 26 February 2023 for approval, and, upon approval by the CAA, make the list available to persons and operators required to comply with point (b)(ii) of point 26.370. (c) The holder of a change approval that was issued before 1 September 2003 shall: (i) develop and submit a list of the changes identified in accordance with point (a)(i) to the CAA before 26 February 2023, for approval; (ii) upon request of an operator required to comply with point 26.370(a)(ii) for a change, identify and list any FCMS associated with the change and submit this data to the CAA within 12 months from the operator’s request, for approval; (iii) upon approval of any data submitted according to points (c)(i) and (c)(ii), make that data available to persons and operators required to comply with points (b)(ii) of point 26.370. 26.333 Damage tolerance data for STCs and repairs to those STCs approved on or after 1 September 2003 (a) A holder of a change approval that was issued on or after 1 September 2003 shall: (i) for changes and published repairs identified in accordance with point (a)(i) of point 26.332 and point (a)(iii) of point 26.332, perform a damage tolerance evaluation; (ii) establish and document the associated damage tolerance inspection, unless it has already been done. (b) The holder of a change approval shall submit the damage tolerance data resulting from the damage tolerance evaluation performed in accordance with point (a)(i) to the CAA before 26 February 2024, for approval, unless it is already approved in accordance with point 21.B.111 of Annex I (Part 21) to Regulation (EU) No 748/2012. (c) By way of derogation from point (b), for changes that did not have a damage tolerance evaluation requirement in the certification basis, the holder of a change approval identified in point (a) shall submit the damage tolerance data resulting from the damage tolerance evaluation performed in accordance with point (a) to the CAA, within the following deadlines, whichever occurs later, for approval: (i) prior to an aeroplane with that change embodied being operated in accordance with Annex IV (Part-CAT) to Regulation (EU) No 965/2012; or (ii) before 26 February 2024. 26.334 Damage tolerance data for STCs and other changes and repairs to those changes approved before 1 September 2003 (a) Upon request of an operator required to comply with point 26.370(a)(ii), a holder of a change approval that was issued before 1 September 2003 shall: (i) for changes and published repairs identified in accordance with point (a)(i) of point 26.332 and point (a)(iii) of point 26.332, perform a damage tolerance evaluation; (i) establish and document the associated damage tolerance inspection, unless it has already been done. (b) The holder of a change approval shall submit the damage tolerance data resulting from the evaluation performed in accordance with point (a)(i) to the CAA: (i) within 24 months from receipt of a request, for requests received prior to 26 February 2024, for approval; or (ii) before 26 February 2026 or within 12 months from receipt of a request, whichever occurs later, for requests received on or after 26 February 2024, for approval. 26.370 Continuing airworthiness tasks and aircraft maintenance programme (a) Operators or owners of turbine-powered large aeroplanes certified on or after 1 January 1958 shall ensure the continuing airworthiness of ageing aeroplanes structures by preparing the aircraft maintenance programme provided for in point M.A.302 of Annex I (Part-M) to Commission Regulation (EU) No 1321/2014. Subject to the following provisions, this programme shall include: (i) for aeroplanes certified to carry 30 passengers or more, or with a payload capacity greater than 3 402 kg (7 500 lbs), an approved damage-tolerance-based inspection programme; (ii) for aeroplanes operated in accordance with Annex IV (Part-CAT) to Regulation (EU) No 965/2012 and certified to carry 30 passengers or more or with a payload capacity greater than 3 402 kg (7 500 lbs), a means for addressing the adverse effects that repairs and modifications may have on fatigue-critical structure and on inspections provided for in point (a)(i); (iii) for aeroplanes certified with a maximum take-off weight (MTOW) greater than 34 019 kg (75 000 lbs) an approved LOV; (iv) a CPCP. (b) The following deadlines shall apply to the obligation referred to in point (a): (i) the aircraft maintenance programme shall be revised to address the requirements of points (a)(i), (a)(ii) and (a)(iv) before 26 February 2025 or before operating the aeroplane, whichever occurs later; (ii) the aircraft maintenance programme shall be revised to address the requirements of point (a)(iii) before 26 August 2022 or 6 months after the publication of the LOV, or before operating the aeroplane, whichever occurs later. (c) For an aeroplane model first certified before 26 February 2022 that no longer operates after 26 February 2025 points (a)(i), (a)(ii) and (a)(iv) shall not apply. (d) For an aeroplane model first certified before 26 February 2022 that no longer operates after 26 August 2022 point (a)(iii) shall not apply. (e) For an aeroplane model first certified before 26 February 2022 with a restricted TC issued before 26 February 2022 in accordance with damage tolerance requirements, provided that it is not operated beyond 75 % of its design service goal and is primarily operated in support of the approval holder’s manufacturing operation, points (a)(i), (a)(ii) and (a)(iv) shall not apply. (f) For an aeroplane model with a restricted type certificate issued before 26 February 2022 and the primary purpose of which is firefighting, points (a)(i) and (a)(ii) shall not apply.

• (8) After point 26.400 insert—

Appendix 1

CHAPTER 6 — Amendment of Commission Implementing Regulation (EU) No 2017/373

Commission Implementing Regulation (EU) 2017/373 (air traffic management/air navigation services)

22

Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011[^f00009] is amended in accordance with regulations 23 to 29.

Amendment of Article 2 of Commission Implementing Regulation (EU) 2017/373

23

In Article 2 (definitions), for point (2) substitute—

(2) “ATM/ANS provider” means any legal or natural person providing any of the ATM/ANS as defined by Article 3(5) of Regulation (EU) 2018/1139, either individually or bundled, for general air traffic;

Amendment of Article 3 Commission Implementing Regulation (EU) 2017/373

24

In Article 3 (provision of ATMS/AS and ATM network functions), after paragraph (4) insert—

(5) Organisations other than an ATM/ANS provider referred to in point (2) of Article 2 of this Regulation or aerodrome operators regulated by Regulation (EU) No 139/2014, when originating, processing or transmitting aeronautical data or aeronautical information intended for use in IFR traffic, shall meet the requirements laid down in: (a) point ATM/ANS.OR.A.085 of Annex 3, except points (c), (d) and (f)(1) and (i); (b) point ATM/ANS.OR.A.090 of Annex 3. Such organisations shall ensure that aeronautical data and aeronautical information are originated, processed and transmitted by adequately trained, competent and authorised personnel.

Amendment of Annex 1 to Commission Implementing Regulation (EU) 2017/373

25

• (1) Annex 1 (definitions of terms used in Annexes 2 to 8) is amended as follows.

• (2) After point (1) insert—

(1A) ‘air-ground communication’ means two-way communication between aircraft and stations or locations on the surface of the Earth;

• (3) After point (26) insert—

(26A) ‘aeronautical information circular (AIC)’ means a notice containing information that does not qualify for the origination of a NOTAM or for inclusion in the aeronautical information publication, but which relates to flight safety, air navigation, technical, administrative or legislative matters; (26B) ‘aeronautical information management (AIM)’ means the dynamic, integrated management of aeronautical information through the provision and exchange of quality-assured digital aeronautical data in collaboration with all parties; (26C) ‘aeronautical information product’ means aeronautical data and aeronautical information provided either as digital data sets or as a standardised presentation in paper or electronic media. Aeronautical information products include: - aeronautical information publication, including amendment and supplements; - AIC; - aeronautical charts; - NOTAM; - digital data sets; (26D) ‘aeronautical information publication (AIP)’ means a publication issued by or with the authority of a State and containing aeronautical information of a lasting character essential to air navigation; (26E) ‘AIP amendment’ means a permanent change to the information contained in the AIP; (26F) ‘AIP supplement’ means a temporary change to the information contained in the AIP, which is provided by means of special pages; (26G) ‘aeronautical information regulation and control’ (AIRAC) means a system aimed at advance notification, based on common effective dates, of circumstances that necessitate significant changes in operating practices;

• (4) After point (29) insert—

(29A) ‘assemble’ means a process of merging data from multiple sources into a database and establishing a baseline for subsequent processing;

• (5) After point (30) insert—

(30A) ‘ATS route’ means a specified route designated for channelling the flow of traffic as necessary for the provision of ATS;

• (6) After point (35) insert—

(35A) ‘broadcast’ means a transmission of information relating to air navigation that is not addressed to a specific station or stations;

• (7) After point (38) insert—

(38A) ‘completeness’ means, in relation to data, the degree of confidence that all data needed to support the intended use is provided; (38B) ‘confidence level’ means the probability that the true value of a parameter is within a certain interval around the estimate of its value;

• (8) After point (39) insert—

(39A) ‘control zone’ means a controlled airspace extending upwards from the surface of the Earth to a specified upper limit; (39B) ‘controlled airspace’ means an airspace of defined dimensions within which air traffic control service is provided in accordance with the airspace classification;

• (9) After point (40) insert—

(40A) ‘cruising level’ means a level maintained during a significant portion of a flight; (40B) ‘cyclic redundancy check (CRC)’ means a mathematical algorithm applied to the digital expression of data that provides a level of assurance against loss or alteration of data; (40C) ‘danger area’ means an airspace of defined dimensions within which activities dangerous to the flight of aircraft may exist at specified times; (40D) ‘data accuracy’ means a degree of conformance between the estimated or measured value and the true value; (40E) ‘data collection surface’ means a defined surface intended for the purpose of collecting obstacle or terrain data; (40F) ‘data integrity’ means a degree of assurance that aeronautical data and its value has not been lost or altered since the data origination or authorised amendment; (40G) ‘data item’ means a single attribute of a complete data set, which is allocated a value that defines its current status; (40H) ‘data origination’ means the creation of a new data item with its associated value, the modification of the value of an existing data item or the deletion of an existing data item; (40I) ‘data product specification’ means a detailed description of a data set or a collection of data sets together with additional information that will enable it to be created, supplied to and used by another party; (40J) ‘data set’ means an identifiable collection of data;

• (10) After point (41) insert—

(41A) ‘datum’ means any quantity or set of quantities that may serve as a reference or basis for the calculation of other quantities;

• (11) After point (48) insert—

(48A) ‘feature’ means an abstraction of real world phenomena; (48B) ‘feature attribute’ means a characteristic of a feature that has a name, a date type and a value domain associated with it; (48C) ‘feature type’ means a class of real world phenomena with common properties, which forms the basic level of classification in a feature catalogue; (48D) ‘final approach’ means that part of an instrument approach procedure which: (a) commences at the specified fix or point, or, where such a fix or point is not specified, at either of the following places: (i) at the end of the last procedure turn, base turn or inbound turn of a racetrack procedure, if specified; (ii) at the point of the interception of the last track specified in the approach procedure, (b) ends at a point in the vicinity of an aerodrome from which a landing can be made or a missed approach procedure is initiated;

• (12) After point (55) insert—

(55A) ‘format’ means in relation to data, a structure of data items, records and files arranged to meet standards, specifications or data quality requirements;

• (13) After point (57) insert—

(57A) ‘geoid’ means the equipotential surface in the gravity field of the Earth which coincides with the undisturbed mean sea level (MSL) extended continuously through the continents; (57B) ‘geoid undulation’ means the distance of the geoid above (positive) or below (negative) the mathematical reference ellipsoid;

• (14) After point (62) insert—

(62A) ‘heliport’ means an aerodrome or a defined area on a structure intended to be used wholly or in part for the arrival, departure and surface movement of helicopters; (62B) ‘identification’ means the situation which exists when the position indication of a particular aircraft is seen on a situation display and positively identified; (62C) ‘integrity classification’ means, in relation to aeronautical data, a classification based upon the potential risk resulting from the use of corrupted data, defining routine, essential and critical data; (62D) ‘international NOTAM office (NOF)’ means an office designated by a State for the exchange of NOTAM internationally;

• (15) After point (65) insert—

(65A) ‘metadata’ means data about data;

• (16) After point (72) insert—

(72A) ‘movement area’ means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, consisting of the manoeuvring area and the apron; (72B) ‘navigation aid’ means a facility or system external to the aircraft, which generates electro-magnetic signals to be used by aircraft navigation systems for position determination or flight path guidance;

• (17) After point (76) insert—

(76A) ‘position’ means, in a geographical context, a set of coordinates (latitude and longitude) referenced to the mathematical reference ellipsoid, which define the position of a point on the surface of the Earth;

• (18) After point (80) insert—

(80A) ‘prohibited area’ means an airspace of defined dimensions, above the land areas or territorial waters of a State, within which the flight of aircraft is prohibited.

• (19) After point (82) insert—

(82A) ‘resolution’ means, in relation to data, a number of units or digits to which a measured or calculated value is expressed and used;

• (20) After point (83) (definition of ‘rest period’) insert—

(83A) ‘restricted area’ means an airspace of defined dimensions, above the land areas or territorial waters of a State, within which the flight of aircraft is restricted in accordance with certain specified conditions;

• (21) After point (85) insert—

(85A) ‘route stage’ means a route or portion of a route flown without an intermediate landing;

• (22) After point (94) insert—

(94A) ‘SNOWTAM’ means a special series NOTAM given in a standard format, which provides a surface condition report notifying the presence or cessation of hazardous conditions due to snow, ice, slush, frost or water associated with snow, slush, ice, or frost on the movement area;

• (23) After point (99) insert—

(99A) ‘taxiing’ means movement of an aircraft on the surface of an aerodrome or an operating site under its own power, excluding take-off and landing;

• (24) After point (102) insert—

(102A) ‘timeliness’ means, in relation to data, the degree of confidence that the data is applicable to the period of its intended use;

• (25) After point (103) (definition of ‘touchdown zone’) insert—

(103A) ‘traceability’ means, in relation to data, the degree to which a system or data product can provide a record of the changes made to that product and thereby enable an audit trail to be followed from the end-user to the party originating data; (103B) ‘track’ means the projection on the Earth’s surface of the path of an aircraft, the direction of which path at any point is usually expressed in degrees from North (true, magnetic or grid); (103C) ‘transition altitude’ means the altitude at or below which the vertical position of an aircraft is controlled by reference to altitudes; (103D) ‘transition level’ means the lowest flight level available for use above the transition altitude;

• (26) After point (105) insert—

(105A) ‘validation’ means, in relation to data, the process of ensuring that data meets the requirements for the specified application or intended use; (105B) ‘verification’ means, in relation to data, the evaluation of the output of an aeronautical data process to ensure correctness and consistency with respect to the inputs and applicable data standards, rules and conventions used in that process;

• (27) After point (106) insert—

(106A) ‘visual approach’ means an approach by an IFR flight when either part or all of an instrument approach procedure is not completed and the approach is executed in visual reference to terrain; (106B) ‘visual flight rules flight’ or ‘VFR flight’ means a flight conducted in accordance with the visual flight rules;

• (28) After point (107) (definition of ‘volcanic ash advisory centre (VAAC)’) insert—

(107A) ‘waypoint’ means a specified geographical location used to define an area navigation route or the flight path of an aircraft employing area navigation. Waypoints are identified as either: (a) fly-by waypoint – a waypoint which requires turn anticipation to allow tangential interception of the next segment of a route or procedure, or (b) fly-over waypoint – a waypoint at which a turn is initiated in order to join the next segment of a route or procedure;

Amendment of Annex 2 to Commission Implementing Regulation (EU) 2017/373

26

In Annex 2, Appendix 1 (certificate of service provider), for the table ‘Aeronautical information services (AIS)’ substitute—

[image omitted]

Amendment of Annex 3 to Commission Implementing Regulation (EU) 2017/373

27

In Annex 3, Subpart A (general requirement ATM/ANS.OR.A), after point ATM/ANS.OR.A.075 (Open and transparent provision of services) insert—

ATM/ANS.OR.A.080 Provision of aeronautical data (a) A service provider shall ensure that aeronautical data related to its services is provided in due time to the AIS provider. (b) When aeronautical data related to its services is published, the service provider shall: - (1) monitor the data; - (2) notify the AIS provider of any changes necessary to ensure that the data is correct and complete; - (3) notify the AIS provider when the data is incorrect or inappropriate. ATM/ANS.OR.A.085 Aeronautical data quality management When originating, processing or transmitting data to the AIS provider, the service provider shall: (a) ensure that aeronautical data conforms with the ‘Aeronautical Data Catalogue’ referred to in ICAO PANS-AIM (Doc 10066); (b) ensure that the following data quality requirements are met: - (1) the accuracy of aeronautical data is as specified in the aeronautical data catalogue; - (2) the integrity of aeronautical data is maintained; - (3) based on the integrity classification specified in the aeronautical data catalogue, procedures are put in place so that: (i)for routine data as defined in ICAO PANS-AIM, corruption is avoided throughout the processing of the data; (ii)for essential data as defined in ICAO PANS-AIM, corruption does not occur at any stage of the entire process and additional processes are included, as needed, to address potential risks in the overall system architecture to further assure data integrity at this level; (iii)for critical data as defined in ICAO PANS-AIM, corruption does not occur at any stage of the entire process and additional integrity assurance processes are included to fully mitigate the effects of faults identified as potential data integrity risks by thorough analysis of the overall system architecture; - (4) the resolution of aeronautical data is commensurate with the actual data accuracy; - (5) the traceability of aeronautical data is ensured; - (6) the timeliness of the aeronautical data is ensured, including any limits on the effective period of the data; - (7) the completeness of the aeronautical data is ensured; - (8) the delivered data meet the specified format requirements; (c) with regard to data origination, establish specific formal arrangements with the party originating data that contain instructions for data creation, modification or deletion, which include as a minimum: - (1) an unambiguous description of the aeronautical data to be created, modified or deleted; - (2) the entity to which the aeronautical data is to be provided; - (3) the date and time by which the aeronautical data is to be provided; - (4) the format of the data origination report to be used; - (5) the format of the aeronautical data to be transmitted; - (6) the requirement to identify any limitation on the use of the data; (d) ensure that data validation and verification techniques are employed to ensure that the aeronautical data meets the associated data quality requirements and in addition: - (1) the verification shall ensure that aeronautical data is received without corruption and that corruption does not occur at any stage of the entire aeronautical data process; - (2) aeronautical data and aeronautical information entered manually shall be subject to independent verification to detect any errors that may have been introduced; - (3) when using aeronautical data to derive or calculate new aeronautical data, the initial data shall be verified and validated, except when provided by an authoritative source; (e) transmit aeronautical data by electronic means; (f) establish formal arrangements with: - (1) all parties transmitting data to them; - (2) other service providers or aerodrome operators when exchanging aeronautical data and aeronautical information; (g) ensure that the information listed in point AIS.OR.505(a) is provided in due time to the AIS provider; (h) collect and transmit metadata which include as a minimum: - (1) the identification of the organisations or entities performing any action of originating, transmitting or manipulating the aeronautical data; - (2) the action performed; - (3) the date and time the action was performed; (i) ensure that tools and software used to support or automate aeronautical data and aeronautical information processes perform their functions without adversely impacting the quality of aeronautical data and aeronautical information; (j) ensure that digital data error detection techniques are used during the transmission or storage of aeronautical data, or both, in order to support the applicable data integrity levels; (k) ensure that the transfer of aeronautical data is subject to a suitable authentication process such that recipients are able to confirm that the data has been transmitted by an authorised source; (l) ensure that errors identified during data origination and after data delivery are addressed, corrected or resolved and that priority is given to managing errors in critical and essential aeronautical data. ATM/ANS.OR.A.090 Common reference systems for air navigation For the purpose of air navigation, service providers shall use: (a) the World Geodetic System – 1984 (WGS-84) as the horizontal reference system; (b) the mean sea level (MSL) datum as the vertical reference system; (c) the Gregorian calendar and coordinated universal time (UTC) as the temporal reference systems.

Amendment of Annex 4 to Commission Implementing Regulation (EU) 2017/373

28

In Annex 4, Subpart A (additional organisation requirements for providers of air traffic services) (ATS.OR), after point ATS.OR.105 (open and transparent provision of service) insert—

ATS.OR.110 Coordination between aerodrome operators and air traffic services providers An air traffic services provider shall establish arrangements with the operator of the aerodrome at which it provides air traffic services to ensure adequate coordination of activities and services provided as well as exchange of relevant data and information. ATS.OR.125 Coordination between aeronautical information services and air traffic services providers (a) An air traffic services provider shall provide to the relevant aeronautical information services provider the aeronautical information to be published as necessary to permit the utilisation of such air traffic services. (b) To ensure that the aeronautical information services providers obtain information to enable them to provide up-to-date pre-flight information and to meet the need for in-flight information, an air traffic services provider shall make arrangements to report to the aeronautical information services provider, with a minimum of delay: - (1) information on aerodrome conditions; - (2) the operational status of associated facilities, services and navigation aids within their area of responsibility; - (3) the occurrence of volcanic activity observed by air traffic services personnel or reported by aircraft; - (4) any other information considered to be of operational significance. (c) Before introducing changes to systems for air navigation under its responsibility, an air traffic services provider shall: - (1) ensure close coordination with the aeronautical information services provider; - (2) take due account of the time needed by the aeronautical information services provider for the preparation, production and issuance of relevant material for promulgation; - (3) provide the information in a timely manner to the aeronautical information services provider. (d) An air traffic services provider shall observe the predetermined, internationally agreed aeronautical information regulation and control (AIRAC) effective dates when submitting to aeronautical information services providers the information or data, or both, subject to the AIRAC cycle.

Amendment of Annex 6 to Commission Implementing Regulation (EU) 2017/373

29

For Annex 6 (specific requirements for the providers of aeronautical information services) (Part-AIS) substitute—