Opinion No 05/2024 Helicopter crash-resistant fuel systems | Information on cargo compartment fire protection capabilities | Runway overrun awareness and alerting systems | Conversion of Class D compartments

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Annex II to EASA Opinion No 05/2024

Draft Annex to draft Commission Implementing Regulation (EU) …/… amending

Regulation (EU) 2015/640 as regards the introduction of new additional airworthiness

requirements and correcting that Regulation

Annex I (Part-26) to Regulation (EU) 2015/640 is amended as follows:

(1) the table of contents is replaced by the following:

‘CONTENTS

SUBPART A — GENERAL PROVISIONS

26.10 Competent authority

26.20 Temporary inoperative equipment

26.30 Demonstration of compliance

SUBPART B — AEROPLANES

26.50 Seats, berths, safety belts, and harnesses

26.60 Emergency landing — dynamic conditions

26.100 Location of emergency exits

26.105 Emergency exit access

26.110 Emergency exit markings

26.120 Interior emergency lighting and emergency light operation

26.150 Compartment interiors

26.155 Flammability of cargo compartment liners

26.156 Thermal or acoustic insulation materials

26.157 Conversion of Class D compartments

26.160 Lavatory fire protection

26.170 Fire extinguishers

26.175 Cargo compartment fire protection

26.200 Landing gear aural warning

26.201 Tyre inflation pressure

26.205 Runway overrun awareness and alerting systems

26.250 Flight crew compartment door operating systems — single incapacitation

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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 structures

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

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

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 STCs or changes

26.331 Compliance plan for STC holders

26.332 Identification of changes affecting fatigue-critical structures

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 existing major changes and repairs affecting

those STCs or changes approved before 1 September 2003

26.370 Maintenance programme

SUBPART C — HELICOPTERS

26.400 Fire extinguishers

26.405 Cargo compartment fire protection

26.410 Emergency controls operated underwater

26.415 Underwater emergency exits

26.420 Emergency equipment for flight over water

26.425 Provision of substantiated sea conditions

26.430 Resistance of an emergency flotation system to damage

26.431 Determination of the robustness of emergency flotation system designs

26.435 Automatic deployment of an emergency flotation system

26.440 Fuel system crash resistance

Appendix 1 — List of aeroplane models not subject to certain provisions of Annex I (Part-26)’;

(2) point 26.10 is replaced by the following:

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‘26.10 Competent authority

(a) For the purposes of this Annex, the competent authority to which an aircraft

operator needs to demonstrate compliance of its aircraft, the design of which has

already been certified, with the requirements of this Annex shall be the competent

authority responsible for the oversight of that operator in accordance with

Regulation (EU) No 965/2012 (1) or the Agency if the responsibility for the

oversight of the operator has been allocated to the Agency in accordance with

Article 64 or 65 of Regulation (EU) 2018/1139.

(b) For the purposes of this Annex, the competent authority to which a holder of a type

certificate (TC), restricted TC, supplemental type certificate (STC), design change

approval or repair design approval needs to demonstrate compliance with the

requirements of this Annex shall be the Agency.’;

(3) point 26.30 is replaced by the following:

‘26.30 Demonstration of compliance

(a) The Agency shall issue, in accordance with Article 76(3) of Regulation

(EU) 2018/1139, certification specifications as standard means to demonstrate

compliance with this Annex. The certification specifications shall be sufficiently

detailed and specific to indicate the conditions under which compliance with the

requirements of this Annex may be demonstrated.

(b) Aircraft operators and holders of a TC, restricted TC, STC, design change approval,

or repair design approval may demonstrate compliance with the requirements of

this Annex by complying with either of the following:

(i) the specifications issued by the Agency under point (a) or the equivalent

certification specifications issued by the Agency under point 21.B.70 of

Annex I (Part 21) to Regulation (EU) No 748/2012;

(ii) technical standards offering an equivalent level of safety to that of the

standards included in those certification specifications.

(c) Holders of a TC, restricted TC, STC, design change approval, or repair design

approval shall make available any change to the instructions for continued

airworthiness (ICA) developed for the purpose of ensuring compliance with this

Annex to all known operators of the affected aircraft and, on request, to any other

person required to comply with such instructions, including continuing

airworthiness management organisations. 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).’;

(1) Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and

administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the

European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1).

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(4) the title of Subpart B is replaced by the following:

‘SUBPART B — AEROPLANES’;

(5) point 26.100 is replaced by the following:

‘26.100 Location of emergency exits

Operators of large aeroplanes that are used in commercial air transport and that have a

maximum operational passenger seating configuration of more than 19 with one or more

emergency exits deactivated shall ensure that the distance(s) between the remaining exits

remains (remain) compatible with effective evacuation, except for large aeroplanes that

have an emergency exit configuration installed and approved before 1 April 1999.’;

(6) point 26.156 is replaced by the following:

‘26.156 Thermal or acoustic insulation materials

Operators of large aeroplanes that are used in commercial air transport, and that were

type certified on or after 1 January 1958, shall ensure that:

(a) for large aeroplanes for which the first individual certificate of airworthiness was

issued before 18 February 2021, when new thermal or acoustic insulation materials

are installed as replacements on or after 18 February 2021, those new materials

have flame propagation resistance characteristics which prevent or reduce the risk

of flame propagation in the aeroplane;

(b) for large aeroplanes for which the first individual certificate of airworthiness was

issued on or after 18 February 2021, thermal and acoustic insulation materials have

flame propagation resistance characteristics which prevent or reduce the risk of

flame propagation in the aeroplane;

(c) for large aeroplanes for which the first individual certificate of airworthiness was

issued on or after 18 February 2021 and with a passenger capacity of 20 or more,

thermal and acoustic insulation materials (including the means of fastening the

materials to the fuselage) installed in the lower half of the aeroplane have flame

penetration resistance characteristics which prevent or reduce the risk of flame

penetration into the aeroplane after an accident and which ensure survivable

conditions in the cabin for the time needed to evacuate the aeroplane.’;

(7) point 26.157 is replaced by the following:

‘26.157 Conversion of Class D compartments

Operators of large aeroplanes that are used in commercial air transport, and that were

type certified on or after 1 January 1958, except for operators of an aeroplane model

listed in Table A.1 of Appendix 1 to this Annex, shall ensure that:

(a) for large 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;

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(b) for large 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.’;

(8) the following point 26.175 is inserted:

‘26.175 Cargo compartment fire protection

(a) For large aeroplanes, as well as for small aeroplanes with a maximum take-off

weight (MTOW) greater than 5 700 kg (12 500 lb), for which the individual

certificate of airworthiness is first issued on or after 1 January 2025, the holders of:

— TC or restricted TC; or

— STC or design change approvals, if the change relates to the aeroplane cargo

compartment fire protection capabilities,

shall make available information on the aeroplane design characteristics associated

with the cargo compartment fire protection capabilities to all known operators of

such aeroplanes.

(b) For small aeroplanes with a MTOW of 5 700 kg (12 500 lb) or less and equipped

with at least one cargo compartment separated from the flight deck, and for which

the individual certificate of airworthiness is first issued on or after 1 January 2025,

the holders of:

— TC or restricted TC; or

— STC or design change approvals, if the change relates to the aeroplane cargo

compartment fire protection capabilities,

shall make available information on the aeroplane design characteristics associated

with the cargo compartment fire protection capabilities for all cargo compartments

that are separated from the flight deck to all known operators of such aeroplanes.

(c) The information made available in accordance with points (a) and (b) shall be

sufficiently detailed to permit operators to conduct a valid risk assessment of the

transportation of dangerous goods in accordance with point ORO.GEN.200(a)(3)

of Annex III (Part-ORO) to Regulation (EU) No 965/2012.

The information shall be contained in appropriate aeroplane documentation made

available to operators and easily identifiable by the operators’ personnel

responsible for conducting the risk assessment.

(d) The design approval holder, who is required to make available the information in

accordance with point (a) or point (b), shall also make available changes to this

information to all known operators of the aeroplanes affected by the change.’;

(9) in point 26.205, point (a) is replaced by the following:

‘(a) Operators of large aeroplanes used in commercial air transport shall ensure that

every large aeroplane for which the first individual certificate of airworthiness is

issued on or after 1 July 2026, is equipped with a runway overrun awareness and

alerting system.’;

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(10) point 26.300 is replaced by the following:

‘26.300 Continuing structural integrity programme for ageing aeroplanes

structures — general requirements

(a) A holder of a TC or a restricted TC for a large aeroplane certified on or after

1 January 1958, for which the application for a 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 a large aeroplane model which was issued with a TC

before 26 February 2021 and which meets any of the following conditions:

(i) it is listed in Table A.1 of Appendix 1 to this Annex;

(ii) it is not operated anymore after 26 February 2021;

(iii) it has not been certified to conduct civil operation with a payload or

passengers;

(iv) it has a restricted TC issued before 26 February 2021 in accordance with

damage tolerance requirements, provided that it is not operated beyond 75 %

of its design service goal and is primarily operated in support of the approval

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 after the

holder of a TC or a restricted TC submitted to the Agency before 27 May 2021 for

approval a list identifying the aeroplane type and models, variations or serial

numbers together with information supporting the reasons why the aeroplane has

been included in the list.

(c) For a large 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 or after 26 February 2022,

points (a)(ii) and (a)(iii) of point 26.307 and point 26.308(a)(ii) shall not apply if

before 26 February 2022 the holder of a TC or a restricted TC submitted to the

Agency for approval the list of all changes and repairs.’;

(11) in point 26.301, the introductory phrase of point (a) is replaced by the following:

‘(a) A holder of a TC or a restricted TC for a large aeroplane certified on or after

1 January 1958, for which the application for a TC was submitted before

1 January 2019, shall:’;

(12) in point 26.302, point (a) is replaced by the following:

‘(a) A holder of a TC or a restricted TC, for a large aeroplane certified to carry

30 passengers or more, or with a payload capacity of 3 402 kg (7 500 lb) or more,

certified on or after 1 January 1958, for which the application for a TC was

submitted before 1 January 2019, shall carry out a fatigue and damage tolerance

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evaluation of the aeroplane structure and develop the DTI that will prevent

catastrophic failures due to fatigue throughout the operational life of the

aeroplane.’;

(13) point 26.303 is replaced by the following:

‘26.303 Limit of validity

(a) A holder of a TC or a restricted TC, for a large aeroplane certified on or after

1 January 1958, for which the application for a TC was submitted before

1 January 2019, certified with a MTOW greater than 34 019 kg (75 000 lb), 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 to implement those maintenance

actions and submit the service information for the maintenance actions to the

Agency in accordance with a binding schedule agreed with the Agency.

The aeroplane structural configurations to be evaluated for the purpose of

establishing the LOV shall include all model variations and derivatives approved

under the TC before 26 February 2021 and all structural changes and replacements

to the structural configurations of those aeroplanes that are required by an

airworthiness directive issued before 26 February 2021.

By way of derogation from point (a)(ii), a holder of a TC or a restricted TC for a

large aeroplane shall not be required to develop and submit to the Agency the

service information for a maintenance action applicable to a large aeroplane model

that will not be operated anymore after the scheduled point of submission for the

service information of that maintenance action. For this exception to take effect,

the holder of a TC or a restricted TC shall inform the Agency not later than the date

on which the aeroplane model ceases operation.

(b) The holder of the 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 Agency, before the deadlines established

in points (i) to (iii), for approval:

(i) 26 August 2022 for a fatigue-critical structure with a certification basis that

does not include a damage tolerance evaluation;

(ii) 26 February 2026 for an aeroplane structure subject to ongoing full-scale

fatigue testing on the date of the applicability of this amending Regulation;

(iii) 26 February 2025 for all other aeroplane structures.

(c) An applicant for a TC or a restricted TC, as referred to in Article 1(2)(c), for a large

aeroplane with a MTOW greater than 34 019 kg (75 000 lb), shall:

(i) establish a 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 to implement those maintenance

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actions and submit the service information for the maintenance actions to the

Agency in accordance with a binding schedule agreed with the Agency.

(d) The applicant for a TC or a restricted TC, as referred to in Article 1(2)(c), shall

submit the LOV established in accordance with point (c) and the ALS referred to

in that point together with the binding schedule to the Agency, for approval.

(e) The following deadlines shall apply to the obligations referred to in point (d):

(i) before the date approved by the Agency in the plan of the applicant for

completing tests and analyses of any aeroplane structure requiring new full-

scale fatigue testing to support the establishment of the LOV;

(ii) before 26 February 2025 for all other aeroplane structures.’;

(14) point 26.304 is replaced by the following:

‘26.304 Corrosion prevention and control programme

(a) A holder of a TC or a restricted TC for a large aeroplane certified on or after

1 January 1958, for which the application for a 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

Agency in accordance with point 21.A.3B(c)(1) of Annex I (Part 21) to Regulation

(EU) No 748/2012 or in a maintenance review board report (MRBR) approved by

the Agency, the holder of a TC or a restricted TC shall submit the CPCP to the

Agency before 26 February 2023, for approval.

(c) An applicant for a TC or a restricted TC, as referred to in Article 1(2)(c), for a large

aeroplane shall establish a baseline CPCP prior to the TC being issued.’;

(15) point 26.305 is replaced by the following:

‘26.305 Validity of the continuing structural integrity programme

(a) A holder of a TC or a restricted TC for a large aeroplane certified on or after

1 January 1958, for which the application for a 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 TC or a restricted TC shall submit a description of the process

referred to in point (a) to the Agency before 26 February 2023 for approval. The

holder of a TC or a restricted TC shall implement the process within 6 months after

its approval by the Agency.

(c) An applicant for a TC or a restricted TC, as referred to in Article 1(2)(c), for a large

aeroplane, shall establish and implement a process that ensures that the continuing

structural integrity programme remains valid throughout the operational life of the

aeroplane, taking into account service experience and current operations. It shall

submit a description of the process to the Agency before 26 February 2023, or

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before the issuance of the certificate, whichever occurs later, for approval and shall

implement the process within 6 months after its approval by the Agency.’;

(16) point 26.306 is replaced by the following:

‘26.306 Fatigue-critical baseline structures

(a) A holder of a TC or a restricted TC for a large aeroplane certified on or after

1 January 1958, for which the application for a 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 lb) 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 TC or a restricted TC shall submit the list of the structures referred

to in point (a) to the Agency before 26 August 2021, for approval.

(c) Upon approval of the list referred to in point (a) by the Agency, the holder of a TC

or a restricted TC shall make it available to the holders of a STC or a major change

approval that are required to comply with point 26.330, and to all known operators

of such aeroplanes and, on request, to organisations responsible for the

management of continuing airworthiness to support the operators that are required

to comply with point 26.370.

(d) An applicant for a TC or a restricted TC, as referred to in Article 1(2)(c), for a large

aeroplane to be certified to carry 30 passengers or more, or with a payload capacity

of 3 402 kg (7 500 lb) or more, shall identify and list the FCBS for all aeroplane

model variations and derivatives included in the TC or restricted TC. It shall submit

the list of these structures to the Agency before 26 August 2021, or before the

issuance of the certificate, whichever occurs later, for approval.

(e) Upon approval of the list referred to in point (d) by the Agency, the applicant for a

TC or a restricted TC, as referred to in Article 1(2)(c), shall make it available to all

known operators of such aeroplanes and, on request, to organisations responsible

for the management of continuing airworthiness to support the operators that are

required to comply with point 26.370.’;

(17) point 26.307 is replaced by the following:

‘26.307 Damage tolerance data for existing changes to fatigue-critical structures

(a) A holder of a TC or a restricted TC for a 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 lb) or more, for changes and fatigue-critical modified structures

(FCMS) existing on 26 February 2021 shall:

(i) review existing design changes 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 FCMS;

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(iii) for each change identified in accordance with point (a)(i), perform a damage

tolerance evaluation and establish and document the associated DTIs.

(b) The holder of a TC or a restricted TC shall submit the list of all FCMS identified

in accordance with point (a)(ii) to the Agency before 26 February 2022, for

approval.

(c) The holder of a 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 Agency before 26 August 2022, for approval.

(d) Upon approval by the Agency of the FCMS list submitted in accordance with

point (b), the holder of a TC or a restricted TC shall make that list available to the

holders of a STC or a major change approval that are required to comply with

point 26.330 and to all known operators of such aeroplanes and, on request, to

organisations responsible for the management of continuing airworthiness to

support the operators that are required to comply with point 26.370.’;

(18) point 26.308 is replaced by the following:

‘26.308 Damage tolerance data for existing repairs to fatigue-critical structures

(a) A holder of a TC or a restricted TC for a 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 lb) 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 FCBS and the FCMS identified in accordance with

point 26.306(a) and point 26.307(a)(ii);

(ii) perform a damage tolerance evaluation for each repair identified in

accordance with point (a)(i), unless previously performed.

(b) The holder of a TC or a restricted TC shall submit the damage tolerance data,

including the DTI, resulting from the evaluation performed in accordance with

point (a)(ii) to the Agency before 26 May 2022, for approval, unless it is already

approved in accordance with point 21.A.435(b)(2) of Annex I (Part 21) to

Regulation (EU) No 748/2012 before 26 August 2022.’;

(19) point 26.309 is replaced by the following:

‘26.309 Repair evaluation guidelines

(a) A holder of a TC or a restricted TC for a 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 lb) or more, and for which the TC or restricted TC was issued

before 11 January 2008, shall develop REGs to establish:

(i) a process for conducting surveys of affected aeroplanes that enables the

identification and documentation of all existing repairs affecting the fatigue-

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critical structures identified in accordance with point 26.306(a) and

point 26.307(a)(ii);

(ii) a process that enables operators and organisations responsible for the

management of continuing airworthiness 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 aeroplane.

(b) The holder of a TC or a restricted TC shall submit the REGs developed in

accordance with point (a) to the Agency before 26 February 2023, for approval.’;

(20) point 26.330 is replaced by the following:

‘26.330 Damage tolerance data for existing supplemental type certificates (STCs),

other existing major changes and existing repairs affecting those STCs or changes

(a) A holder of a STC issued before 26 February 2021, or a holder of a major change

approval 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 with a payload capacity of

3 402 kg (7 500 lb) or more, shall address the adverse effects of those changes and

repairs to those changes on the aeroplane structure to support the compliance with

point 26.370(a)(ii) 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 a large aeroplane model

first certified before 26 February 2021 when that aeroplane model meets any of the

following conditions:

(i) it is listed in Table A.1 of Appendix 1 to this Annex;

(ii) it is not operated anymore after 26 February 2021;

(iii) it has not been certified to conduct civil operation with a payload or

passengers;

(iv) it has a restricted TC and has 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

holder’s manufacturing operation;

(v) it is issued with a restricted TC and is designed primarily for firefighting.

(c) Point (a) shall not apply to major changes and repairs to a large aeroplane first

certified before 26 February 2021 when the changes or repairs are not, and will not

be, incorporated in any large aeroplane in operation on or after 26 August 2022.

(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 the FCBS, together

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with information supporting the reasons why each change has been included in the

list, to the Agency before 26 February 2022 for approval.’;

(21) point 26.331 is replaced by the following:

‘26.331 Compliance plan for STC holders

The approval holder referred to in point 26.330(a) shall:

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

26.334;

(b) submit the compliance plan referred to in point (a) to the Agency before

25 August 2021, for approval.’;

(22) point 26.332 is replaced by the following:

‘26.332 Identification of changes affecting fatigue-critical structures

(a) The approval holder referred to in point 26.330(a) shall:

(i) review the changes and identify those changes that affect FCBS;

(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) For a change approval that was issued on or after 1 September 2003, the approval

holder referred to in point (a) shall develop and submit a list of the changes and

FCMS identified in accordance with points (a)(i) and (a)(ii) to the Agency before

26 February 2022 for approval, and, upon approval by the Agency, make the list

available to all known operators of such aeroplanes and, on request, to

organisations responsible for the management of continuing airworthiness to

support the operators that are required to comply with point 26.370(a)(ii).

(c) For a change approval that was issued before 1 September 2003, the approval

holder referred to in point (a) shall:

(i) develop and submit a list of the changes identified in accordance with

point (a)(i) to the Agency before 26 February 2022, for approval;

(ii) upon request of operators and organisations responsible for the management

of continuing airworthiness to support the operators that are required to

comply with point 26.370(a)(ii), identify and list any FCMS associated with

the change and submit this data to the Agency within 12 months from the

request, for approval;

(iii) upon approval of any data submitted according to points (c)(i) and (c)(ii),

make that data available to all known operators of such aeroplanes and, on

request, to organisations responsible for the management of continuing

airworthiness to support the operators that are required to comply with

point 26.370(a)(ii).’;

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(23) point 26.333 is replaced by the following:

‘26.333 Damage tolerance data for STCs and repairs to those STCs approved on or

after 1 September 2003

(a) For a change approval that was issued on or after 1 September 2003, the approval

holder referred to in point 26.330(a) shall:

(i) for changes and published repairs identified in accordance with points (a)(i)

and (a)(iii) of point 26.332, respectively, perform a damage tolerance

evaluation;

(ii) establish and document the associated DTI, unless this has already been done.

(b) The approval holder referred to in point (a) shall submit the damage tolerance data

resulting from the damage tolerance evaluation performed in accordance with

point (a)(i) to the Agency before 26 February 2023, for approval, unless it is

already approved in accordance with point 21.B.111 of Annex I (Part 21) to

Regulation (EU) No 748/2012.

(c) By way of derogation from point (b), for changes that did not have a damage

tolerance evaluation requirement in the certification basis, the approval holder

referred to in point (a) shall submit the damage tolerance data resulting from the

damage tolerance evaluation performed in accordance with point (a) to the Agency,

within the following deadlines, whichever occurs later, for approval:

(i) prior to an aeroplane with that change incorporated being operated in

accordance with Annex IV (Part-CAT) to Regulation

(EU) No 965/2012 (2); or

(ii) before 26 February 2023.’;

(24) point 26.334 is replaced by the following:

‘26.334 Damage tolerance data for STCs and other existing major changes and

repairs affecting those STCs or changes approved before 1 September 2003

(a) Upon request of operators and organisations responsible for the management of

continuing airworthiness, to support the compliance with point 26.370(a)(ii), for a

change approval that was issued before 1 September 2003, the approval holder

referred to in point 26.330(a) shall:

(i) for changes and published repairs identified in accordance with points (a)(i)

and (a)(iii) of point 26.332, respectively, perform a damage tolerance

evaluation;

(ii) establish and document the associated DTI, unless this has already been done.

(2) Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative

procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament

and of the Council (OJ L 296, 25.10.2012, p. 1).

Page 14 of 21

(b) The approval holder referred to in point (a) shall submit the damage tolerance data

resulting from the evaluation performed in accordance with point (a)(i) to the

Agency:

(i) within 24 months from receipt of a request, for requests received before

26 February 2023, for approval; or

(ii) before 26 February 2025 or within 12 months from receipt of a request,

whichever occurs later, for requests received on or after 26 February 2023,

for approval.’;

(25) point 26.370 is replaced by the following:

‘26.370 Maintenance programme

(a) Operators of large aeroplanes certified on or after 1 January 1958 shall ensure that

the maintenance programmes of those aeroplanes include:

(i) for large aeroplanes certified to carry 30 passengers or more, or with a

payload capacity greater than 3 402 kg (7 500 lb), approved DTIs;

(ii) for large 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 lb), a means for

addressing the adverse effects that repairs and changes may have on fatigue-

critical structures and on inspections provided for in point (a)(i);

(iii) for large aeroplanes certified with a MTOW greater than 34 019 kg

(75 000 lb), an approved LOV;

(iv) a CPCP.

(b) The following deadlines shall apply to the obligation referred to in point (a):

(i) the maintenance programme of the aeroplanes shall be revised to address the

requirements of points (a)(i), (a)(ii) and (a)(iv) before 26 February 2024 or

before operating the aeroplane, whichever occurs later;

(ii) the maintenance programme of the aeroplanes shall be revised to address the

requirements of point (a)(iii) before 26 August 2021, or 6 months after the

publication of the LOV, or before operating the aeroplane, whichever occurs

later.

(c) For a large aeroplane model first certified before 26 February 2021 and:

(i) that is not operated anymore after 26 February 2024, points (a)(i), (a)(ii) and

(a)(iv) shall not apply;

(ii) that is not operated anymore after 26 August 2021, point (a)(iii) shall not

apply;

(iii) with a restricted TC issued before 26 February 2021 in accordance with

damage tolerance requirements, provided that it is not operated beyond 75 %

of its design service goal and is primarily operated in support of the approval

Page 15 of 21

holder’s manufacturing operation, points (a)(i), (a)(ii) and (a)(iv) shall not

apply.

(d) For a large aeroplane model with a restricted TC issued before 26 February 2021

and the primary purpose of which is firefighting, points (a)(i) and (a)(ii) shall not

apply.’;

(26) the following point 26.405 is inserted:

‘26.405 Cargo compartment fire protection

(a) For both small and large helicopters equipped with at least one cargo compartment

separated from the flight deck, and for which the individual certificate of

airworthiness is first issued on or after 1 January 2025, the holders of:

— TC or restricted TC; or

— STC or design change approvals, if the change relates to the helicopter cargo

compartment fire protection capabilities,

shall make available information on the helicopter design characteristics associated

with the cargo compartment fire protection capabilities for all cargo compartments

that are separated from the flight deck to all known operators of such helicopters.

(b) The information made available in accordance with point (a) shall be sufficiently

detailed to permit operators to conduct a valid risk assessment of the transportation

of dangerous goods in accordance with point ORO.GEN.200(a)(3) of Annex III

(Part-ORO) to Regulation (EU) No 965/2012.

The information shall be contained in appropriate helicopter documentation made

available to operators and be easily identifiable by the operators’ personnel

responsible for conducting the risk assessment.

(c) The design approval holder, who is required to make available information in

accordance with point (a), shall also make available changes to this information to

all known operators of the helicopters affected by the change.’;

(27) the following point 26.440 is added:

‘26.440 Fuel system crash resistance

Operators of small helicopters and large helicopters shall ensure that the likelihood of a

post-crash fire is minimised as far as practicable in the design of the fuel system when:

(a) the helicopter type certificate was issued on or after 2 October 1994, and:

(1) the helicopter first individual certificate of airworthiness is issued on or

after [2 years after the date of entry into force], or

(2) the helicopter first individual certificate of airworthiness is issued before [2

years after the date of entry into force], and:

(i) if any individual certificate of airworthiness is issued by a Member

State on or after [the date of entry into force] after an import of the

helicopter from a non-Member State, or

Page 16 of 21

(ii) if:

(A) the helicopter has been designed for six or more occupants, and

is operated on or after [7 years after the date of entry into force];

or

(B) the helicopter has been designed for five or less occupants, and

is operated on or after [15 years after the date of entry into force].

(b) the helicopter type certificate was issued before 2 October 1994, and:

(1) the helicopter first individual certificate of airworthiness is issued on or after

[2 years after the date of entry into force] or,

(2) the helicopter first individual certificate of airworthiness is issued before [2

years after the date of entry into force] and if any individual certificate of

airworthiness is issued by a Member State on or after [the date of entry into

force] after an import of the helicopter from a non-Member State.

(28) Appendix 1 is replaced by the following:

‘Appendix 1

List of aeroplane models not subject to certain provisions of Annex I (Part-26)

Table A.1

TC holder Type Models Manufacturer

serial number

Provisions

of Annex I

(Part-26)

that do NOT

apply

The Boeing

Company

707 All 26.301 to

26.334

The Boeing

Company

720 All 26.301 to

26.334

The Boeing

Company

DC-10 DC-10-10

DC-10-30

DC-10-30F

All 26.301 to

26.334

The Boeing

Company

DC-8 All 26.301 to

26.334

The Boeing

Company

DC-9 DC-9-11,

DC-9-12,

DC-9-13,

DC-9-14,

All 26.301 to

26.334

Page 17 of 21

DC-9-15,

DC-9-15F,

DC-9-21,

DC-9-31,

DC-9-32,

DC-9-32

(VC-9C),

DC-9-32F,

DC-9-32F

(C-9A, C-

9B),

DC-9-33F,

DC-9-34,

DC-9-34F,

DC-9-41,

DC-9-51

The Boeing

Company

MD-90 MD-90-30 All 26.301 to

26.334

FOKKER

SERVICES B.V.

F27 Mark 100,

200, 300,

400, 500,

600, 700

All 26.301 to

26.334

FOKKER

SERVICES B.V.

F28 Mark 1000,

1000C, 2000,

3000, 3000C,

3000R,

3000RC,

4000

All 26.301 to

26.334

GULFSTREAM

AEROSPACE

CORP.

G-159 G-159

(Gulfstream

I)

All 26.301 to

26.334

GULFSTREAM

AEROSPACE

CORP.

G-II_III_IV_V G-1159A

(GIII)

G-1159B

(GIIB)

G-1159 (GII)

All 26.301 to

26.334

KELOWNA

FLIGHTCRAFT

LTD.

CONVAIR 340/440 440 All 26.301 to

26.334

Page 18 of 21

LEARJET INC. Learjet

24/25/31/36/35/55/60

24, 24A,

24B, 24B-A,

24D,24D-A,

24F, 24F-A,

25, 25B,

25C, 25D,

25F

All 26.301 to

26.334

LOCKHEED

MARTIN

CORPORATION

1329 All 26.301 to

26.334

LOCKHEED

MARTIN

CORPORATION

188 All 26.301 to

26.334

LOCKHEED

MARTIN

CORPORATION

382 382, 382B,

382E, 382F,

382G

All 26.301 to

26.334

LOCKHEED

MARTIN

CORPORATION

L-1011 All 26.301 to

26.334

PT.

DIRGANTARA

INDONESIA

CN-235 All 26.301 to

26.334

SABRELINER

CORPORATION

NA-265 NA-265-65 All 26.301 to

26.334

VIKING AIR

LIMITED

SD3 SD3-30

Sherpa

SD3 Sherpa

All 26.301 to

26.334

VIKING AIR

LIMITED

DHC-7 All 26.301 to

26.334

VIKING AIR

LIMITED

CL-215 CL-215-

6B11

All 26.301 to

26.334

TUPOLEV

PUBLIC STOCK

COMPANY

TU-204 204-120CE All 26.301 to

26.334

AIRBUS A320 series A320-251N,

A320-271N

10033, 10242,

10281 and

10360

26.60

Page 19 of 21

AIRBUS A321 series A321-271NX 10257, 10371

and 10391

26.60.

AIRBUS A330 series A330-243,

A330-941

1844, 1861,

1956, 1978,

1982, 1984,

1987, 1989,

1998, 2007,

2008 and 2011

26.60

ATR-GIE Avions

de Transport

Régional

ATR 72 series ATR72-

212A

1565, 1598,

1620, 1629,

1632, 1637,

1640, 1642,

1649, 1657,

1660, 1661

26.60

The Boeing

Company

737 series 737-8 and

737-9

43299,

43304,

43305,

43310,

43321,

43322,

43332,

43334,

43344,

43348,

43391,

43579,

43797,

43798,

43799,

43917,

43918,

43919,

43921,

43925,

43927,

43928,

43957,

43973,

43974,

43975,

43976,

44867,

44868,

44873,

26.60’.

Page 20 of 21

60009,

60010,

60040,

60042,

60056,

60057,

60058,

60059,

60060,

60061,

60063,60064,

60065,

60066,

60068,

60194,

60195,

60389,

60434,

60444,

60455,

61857,

61859,

61862,

61864,

62451,

62452,

62453,

62454,

62533,

63358,

63359,

63360,

64610,

64611,

64612,

62613,

64614,

65899,

66147,

66148, 66150

GULFSTREAM

AEROSPACE

LP.

Gulfstream G100 series All

All 26.157

Page 21 of 21

GULFSTREAM

AEROSPACE

LP.

Gulfstream G200 series All All 26.157

LEARJET INC. Learjet Model 45 All All 26.157

LEARJET INC. Learjet

24/25/31/36/35/55/60

55, 55B, 55C All 26.157

LEARJET INC. Learjet Model 60 All All 26.157

TEXTRON

AVIATION

Cessna

500/550/S550/560/560XL

All All 26.157

TEXTRON

AVIATION

Hawker Series BAe.125

Series

Hawker 750

Hawker

800XP

All 26.157

TEXTRON

AVIATION

CESSNA 750 (Citation

X) series

750 All 26.157

EN EN

EUROPEAN

COMMISSION

Brussels, XXX

[…] (2024) XXX draft

Annex I to EASA Opinion No 05/2024

COMMISSION IMPLEMENTING REGULATION (EU) …/…

of XXX

amending Regulation (EU) 2015/640 as regards the introduction of new additional

airworthiness requirements and correcting that Regulation

EN 1 EN

COMMISSION IMPLEMENTING REGULATION (EU) …/...

of XXX

amending Regulation (EU) 2015/640 as regards the introduction of new additional

airworthiness requirements and correcting that Regulation

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of

4 July 2018 on common rules in the field of civil aviation and establishing a European Union

Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008,

(EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the

European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and

(EC) No 216/2008 of the European Parliament and of the Council and Council Regulation

(EEC) No 3922/91 (1), and in particular Article 17(1), point (h) thereof,

Whereas:

(1) Pursuant to Article 76(3) of Regulation (EU) 2018/1139, the European Union Aviation

Safety Agency (the ‘Agency’) issues certification specifications (CSs) and regularly

updates them in order to ensure that CSs remain fit for purpose. However, an aircraft the

design of which has already been certified is not required to comply with the updated

version of the applicable CSs when it is produced or while in service. Therefore, in order

to support continuing airworthiness and safety improvements, compliance of such aircraft

with additional airworthiness requirements that were not included in the initial CSs at the

time of certification of the designs should be introduced. Commission Regulation

(EU) 2015/640 (2) sets out such additional airworthiness requirements.

(2) The Certification Specifications for Small Rotorcraft (CS-27) and Large Rotorcraft (CS-

29) contain specifications related to crash-resistant fuel systems (CRFS) for helicopters.

However, a significant part of the in-service helicopters is not equipped with a CRFS

while several fatal accidents could have been survivable if the helicopter would have been

equipped with such a system. This has been also highlighted in safety recommendations

issued by various accident investigation bodies. Having due regard to this risk and the

need to maintain a high uniform level of civil aviation safety in the Union, it is

proportionate and cost-efficient to render some of those specifications applicable to some

in-service helicopters operated in the Union and to those that will be produced after the

entry into force of this Regulation.

(3) The Council of the International Civil Aviation Organization (ICAO) adopted new

Standards and Recommended Practices (SARPs) with Amendment 109 to Annex 8 to the

Chicago Convention to ensure that the design approval holder makes available

information on design characteristics associated with the cargo compartment fire

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

(2) Commission Regulation (EU) 2015/640 of 23 April 2015 on additional airworthiness specifications for a

given type of operations and amending Regulation (EU) No 965/2012 (OJ L 106, 24.4.2015, p. 18).

EN 2 EN

protection capabilities of aeroplanes and helicopters to all known operators of such

aircraft. These SARPs should be transposed to maintain the safety of operations of aircraft

that transport dangerous goods in the cargo compartment. This information will assist

operators in determining the limitations of specific cargo compartment fire protection

capabilities established during certification when conducting the risk assessment for the

transport of dangerous goods as required by Commission Regulation

(EU) No 965/2012 (3).

(4) These SARPs should be transposed for small and large aeroplanes and for small and large

helicopters and should be applicable to those aircraft for which the individual certificate

of airworthiness is first issued on or after 1 January 2025. The new requirements for small

aeroplanes and small helicopters should be proportionate to the safety risk and should

apply only in the cases of cargo compartments separated from the flight deck. Some

adaptations should be made for consistency with the new requirements.

(5) Commission Implementing Regulation (EU) 2020/1159 (4) inserted in Annex I (Part-26)

to Regulation (EU) 2015/640 a new point 26.205 requiring operators of large aeroplanes

used in commercial air transport to ensure that every aeroplane for which the first

individual certificate of airworthiness is issued on or after 1 January 2025 is equipped

with a runway overrun awareness and alerting system (ROAAS). Several large aeroplane

type-certificate holders are facing industrial issues resulting in significant delays

preventing them from being able to deliver newly produced aeroplanes equipped with a

certified ROAAS before 1 January 2025. Operators taking delivery of such aeroplanes

will not be able to comply with point 26.205. Hence, the applicability date of point 26.205

should be postponed such as to reflect the current industrial capabilities and to permit

business continuity for large aeroplane operators. This date postponement should not have

a significant impact on safety.

(6) The scope of applicability of Regulation (EU) 2015/640, as amended by Regulation (EU)

2020/1159, should be amended to make it consistent with Article 2 of Regulation

(EU) 2018/1139 as regards aircraft operators.

(7) Implementing Regulation (EU) 2020/1159 inserted in Annex I (Part-26) to Regulation

(EU) 2015/640 a new point 26.370, addressing the continuing airworthiness of ageing

large aeroplane structures, that requires the operators or owners to prepare the aircraft

maintenance programme provided for in Annex I (Part-M) to Regulation

(EU) No 1321/2014 (5) such that it includes the elements listed in that point. Aircraft

owners are not within the scope of Regulation (EU) 2015/640, and the operators should

not be directly required to prepare the maintenance programme of the aeroplanes since

this programme is developed by the organisation responsible for the management of

continuing airworthiness. Point 26.370 should therefore be made applicable to operators

only such that they ensure that the maintenance programme includes the elements listed

in that point. In addition, point 26.370 should not specifically refer to Part-M since the

scope of Part-M does not cover all aeroplanes operated by the operators that are within

(3) Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative

procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament

and of the Council (OJ L 296, 25.10.2012, p. 1).

(4) Commission Implementing Regulation (EU) 2020/1159 of 5 August 2020 amending Regulations (EU) No

1321/2014 and (EU) No 2015/640 as regards the introduction of new additional airworthiness requirements (OJ L 257, 6.8.2020, p. 14).

(5) Commission Regulation (EU) No 1321/2014 of 26 November 2014 on the continuing airworthiness of

aircraft and aeronautical products, parts and appliances, and on the approval of organisations and personnel

involved in these tasks (OJ L 362, 17.12.2014, p. 1).

EN 3 EN

the scope of Regulation (EU) 2015/640. Other requirements of Regulation (EU) 2015/640

that are related to this issue should be corrected to ensure that the instructions for

continued airworthiness are made available by the design approval holder to all known

operators of the affected aeroplanes and, on request, to any other person required to

comply with such instructions, including the organisations responsible for the

management of continuing airworthiness.

(8) Article 3 of Regulation (EU) 2015/640 refers to Article 1 as created with the initial issue

of that Regulation. It specifies the scope for operators for which a Member State ensures

oversight when operating the aircraft referred to in Article 1 of that Regulation. Article 1

has been amended by Implementing Regulation (EU) 2020/1159 to include this scope

such that Article 3 became redundant with Article 1(2)(a). Hence Article 3 should be

deleted.

(9) Other requirements should be improved for clarification and consistency throughout

Regulation (EU) 2015/640.

(10) With effect from 26 August 2023, Commission Implementing Regulation (EU)

2020/1159 (6) inserted in Annex I (Part-26) to Regulation (EU) 2015/640 a new point

26.157. In accordance with that provision, all in-service large aeroplanes certified by the

Agency and used in commercial air transport on or after 26 August 2023 are to comply

with additional airworthiness requirements for the conversion of Class D cargo or

baggage compartments. However, further analysis has shown that for certain types of

operations, including primarily business operations, certain large, low-occupancy

aeroplanes present lower risk of an in-flight fire starting in their Class D cargo or baggage

compartment and developing into an uncontrollable fire. In order to avoid imposing non-

proportionate and non-cost-efficient burdens on their operators, the operators of those

aeroplanes therefore needed to be exempted from the obligation to comply with point

26.157.

Commission Implementing Regulation (EU) 2022/1254 replaced Appendix 1 ‘List of

aeroplane models not subject to certain provisions of Annex I (Part-26)’, with a new list,

including aeroplane types and models for which point 26.157 shall not apply. Further

investigations concluded there were other low-occupancy large aeroplane types not

included in this list, but which could also be involved in operations (primarily business

operations), presenting a lower risk of an in-flight fire starting in their Class D cargo or

baggage compartment and developing into an uncontrollable fire. In order to avoid

imposing non-proportionate and non-cost-efficient burdens on their operators, those

aeroplane models therefore need to be equally exempted from the obligation to comply

with point 26.157.

(11) The measures provided for in this Regulation are in accordance with the opinion of the

Committee established by Article 127 of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) 2015/640 is amended as follows:

(1) Paragraph 2 of Article 1 is replaced by the following:

(6) Commission Implementing Regulation (EU) 2020/1159 of 5 August 2020 amending Regulations (EU) No

1321/2014 and (EU) No 2015/640 as regards the introduction of new additional airworthiness requirements

(OJ L 257, 6.8.2020, p. 14).

EN 4 EN

‘2. This Regulation applies to:

(a) operators of:

(i) aircraft registered in a Member State, unless and to the extent that the Member

State has transferred its responsibilities pursuant to the Chicago Convention

to a third country and the aircraft is operated by a third-country aircraft

operator;

(ii) aircraft registered in a third country and operated by an aircraft operator

established, residing or with a principal place of business in the territory to

which the Treaties apply;

(b) holders of a type certificate, restricted type certificate, supplemental type certificate,

design change approval, or repair design approval issued by the Agency in

accordance with Commission Regulation (EU) No 748/2012 (7) 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 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).’;

(2) Article 2 is amended as follows:

(a) points (b) to (ca) are replaced by the following:

‘(b) ‘large aeroplane’ means an aeroplane that has the Certification Specifications

for Large Aeroplanes ‘CS-25’ or equivalent in its certification basis;

(ba) ‘small aeroplane’ means an aeroplane that has the Certification Specifications

for Normal-Category Aeroplanes ‘CS-23’ or equivalent in its certification

basis;

(c) ‘large helicopter’ means a helicopter that has the Certification Specifications

for Large Rotorcraft ‘CS-29’ or equivalent in its certification basis;

(ca) ‘small helicopter’ means a helicopter that has the Certification Specifications

for Small Rotorcraft ‘CS-27’ or equivalent in its certification basis;’;

(b) point (g) is replaced by the following:

‘(g) “corrosion prevention and control programme” (CPCP) means a document

reflecting a systematic approach to prevent and to control corrosion in an

aeroplane’s primary structure, consisting of basic corrosion tasks, including

inspections, areas subject to those tasks, defined corrosion levels and

compliance times (implementation thresholds and repeat intervals). A

baseline CPCP is established by the type-certificate or restricted

type-certificate holder, which can be adapted to create a CPCP in the

maintenance programme of each affected aeroplane;’;

(c) points (i) and (j) are replaced by the following:

(7) Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the

airworthiness and environmental certification of aircraft and related products, parts and appliances, as well

as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1).

EN 5 EN

‘(i) “baseline structure” refers to the structure that is designed under the type

certificate or restricted type certificate for that aeroplane model (that is, the

‘as delivered aeroplane model configuration’);

(j) “fatigue-critical baseline structure” (FCBS) means the baseline structure of

an aeroplane that is classified by the type-certificate or restricted

type-certificate holder as a fatigue-critical structure;’;

(d) points (m) and (n) are replaced by the following:

‘(m) “damage tolerance inspection” (DTI) means a documented inspection

requirement or any other maintenance action developed by holders of a type

certificate, restricted type certificate, supplemental type certificate or existing

major change approval as specified in Annex I (Part-26) 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 change;

(n) “repair evaluation guideline” (REG) means a process and implementation

schedule for conducting surveys established by the type-certificate or

restricted type-certificate holder for repairs that affect fatigue-critical

structures to ensure the continued structural integrity of all relevant repairs,

as specified in point 26.309 of Annex I (Part-26);’;

(3) Article 3 is deleted;

(4) Annex I (Part-26) is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in

the Official Journal of the European Union.

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

States.

Done at Brussels,

For the Commission

The President

[…]

Page 1 of 3

Draft Acceptable Means of Compliance (AMC) and Guidance Material (GM) to Annex I (Part 21) to

Commission Regulation (EU) No 748/2012

related to

Information on cargo compartment fire protection capabilities (RMT.0740 - Subtask 1)

The same format as for the publication of notices of proposed amendment (NPAs) has been used to

show the changes:

— deleted text is struck through;

— new or amended text is highlighted in blue;

— an ellipsis ‘[…]’ indicates that the rest of the text is unchanged.

Disclaimer

This is a draft document and is provided for information purposes only. Its contents have not been

subjected to any type of review whatsoever.

Page 2 of 3

Acceptable Means of Compliance

and

Guidance Material

to Annex I (Part 21)

to Commission Regulation (EU) No 748/2012

Page 3 of 3

[…]

GM1 21.2 Scope

PROVISIONS OF REGULATION (EU) 2015/640 THAT ARE APPLICABLE TO DESIGN APPROVAL HOLDERS

Regulation (EU) 2015/640 includes provisions that apply to design approval holders once the certificates or approvals they have applied for are issued in accordance with Regulation (EU) No 748/2012.

The applicants for certificates or approvals issued under this Annex should be aware of the provisions of Regulation (EU) 2015/640 that may apply to them once certificates or approvals are issued.

[…]

Page 1 of 13

Draft Certification Specifications and Guidance Material

for additional airworthiness specifications for operations (CS-26)

related to

Crash resistant fuel systems (RMT.0710)

and

Information on cargo compartment fire protection capabilities (RMT.0740 - Subtask 1)

The same format as for the publication of notices of proposed amendment (NPAs) has been used to

show the changes:

— deleted text is struck through;

— new or amended text is highlighted in blue;

— an ellipsis ‘[…]’ indicates that the rest of the text is unchanged.

Disclaimer

This is a draft document and is provided for information purposes only. Its contents have not been

subjected to any type of review whatsoever.

Page 2 of 13

Certification Specifications

and Guidance Material

for

Additional airworthiness specifications

for operations

(CS-26)

Page 3 of 13

SUBPART B — LARGE AEROPLANES

[…]

CS 26.175 Cargo compartment fire protection

(a) For large aeroplanes referred to in point 26.175(a) of Part-26, type-certificate, restricted type-certificate, supplemental type-certificate or design change approval holders must demonstrate compliance with point 26.175 by providing:

(1) the reference to the cargo compartment classification in accordance with CS 25.857;

(2) information on the aeroplane design characteristics associated with the cargo compartment fire protection capabilities for which the certificate or design change approval holders had to demonstrate compliance with the certification specifications in the section ‘fire protection’ of Subpart D of CS-25, and the related acceptable means of compliance, or equivalent, as established in the certification basis;

(3) the reference to the demonstrated specifications established in the certification basis.

(b) For small aeroplanes referred to in points 26.175(a) and (b) of Part-26, type-certificate, restricted type-certificate, supplemental type-certificate or design change approval holders must demonstrate compliance with point 26.175 by providing:

(1) information on the aeroplane design characteristics associated with the cargo compartment fire protection capabilities for which the certificate or design change approval holders had to demonstrate compliance with the certification specifications in the section ‘fire protection’ of Subpart D of CS-23 up to Amendment 4 or the section ‘fire and high energy protection’ of Subpart D of CS-23 as from Amendment 5, and the related acceptable means of compliance, or equivalent, as established in the certification basis;

(2) the reference to the demonstrated specifications established in the certification basis.

[Issue: 26/5]

GM1 26.175 Cargo compartment fire protection

INFORMATION ON AEROPLANE DESIGN CHARACTERISTICS ASSOCIATED WITH CARGO COMPARTMENT FIRE PROTECTION

(a) Type-certificate (TC), restricted type-certificate, supplemental type-certificate (STC) or design change approval holders will identify the valuable information on the aeroplane design characteristics associated with the cargo compartment fire protection capabilities that would enable the operator to fully assess the risk before accepting specific items for transport.

(b) The list below provides examples of the elements of information that the TC, restricted TC, STC and design change approval holders may make available to all known operators. Some of the examples may not apply since they depend on the aeroplane types. As deemed necessary, the TC, restricted TC, STC and design change approval holders may include further detailed information.

— cargo compartment characteristics, e.g.:

— location

Page 4 of 13

— accessibility

— available volume

— smoke and fire detection systems’ features and capabilities, e.g.:

— fire detection temperature

— class of fire used to assess the ability of the smoke detector

— fire-extinguishing, suppression and control systems’ features and capabilities, e.g.:

— location

— quantity

— handheld or built-in fire extinguisher

— type and quantity of extinguishing agents

— fire suppression capability

— ventilation control systems’ features, e.g.:

— shut-off capability during a fire event

— cargo compartment, floor, ceiling and sidewall liner panels’ features and capability, e.g.:

— material

— fire-resistance characteristics

— means to exclude hazardous quantities of smoke, flames or noxious gases from other compartments, e.g.:

— air conditioning

(c) For large aeroplanes, further guidance can be found in ICAO Doc 10102 ‘Guidance for Safe Operations Involving Aeroplane Cargo Compartments’.

[Issue: 26/5]

[…]

CS 26.304(a) CPCP

Compliance with point 26.304 of Part-26 is demonstrated by complying with CS 25.571 Amendment 19 or subsequent amendment, or with points (a) or (b) of this CS:

(a) A baseline CPCP is established according to AMC 20-20A Paragraph 9 or equivalent means,. iIt includes a statement that requires the operator to control corrosion to Level 1 or better, and is submitted to EASA for approval.

(b) A baseline CPCP already exists for the type that is either approved by EASA through the maintenance review board (MRB) and industry steering committee (ISC) using existing procedures for EASA maintenance review board report (MRBR) approval or through an existing EASA AD.

[Issue: 26/3] [Issue: 26/5]

[…]

Page 5 of 13

GM1 26.332(c)(ii) and 26.334 FCMS and DTE for STCs and other changes approved prior to 1 September 2003

The design approval holder should normally receive a request from an operator or an organisation responsible for the management of continuing airworthiness (hereinafter ‘the requester’) for FCMS lists and a DTI by 26 March 2022within 13 months of the date of applicability of the Regulation following the operator’s review of records to identify modifications affecting the FCBS, (see CS 26.370(b)(ii)). The request should result in the design approval holder listing the FCMSs, performing a DTE and making the approved FCMS list and a DTI available to the operator requester.

Design approval holders are recommended to initiate DTE of STCs and other changes as soon as possible if it is considered likely that operators will make a request will be made.

When a request is received, the date of its receipt should be recorded, and a record kept of the subsequent communications with the operator requester, the agreements reached, and actions taken. An example of such records would be a copy of the contract to perform the DTE.

If no request for a DTI is made by an operator prior to 26 February 2023, the design approval holder may assume that their support is not required by any operator to develop a DTI because the aeroplane is not currently in operation according to Regulation (EU) No 965/2012 Annex IV (Part-CAT).

In this case, it is not necessary for the design approval holder to develop an FCMS list or DT data until such a request is received from an operator; for example, when an aeroplane is incorporated into their a fleet.

Note: It might also be possible that an operator or an organisation responsible for the management of continuing airworthiness an operator operating under Regulation (EU) No 965/2012 Annex IV (Part- CAT) has engaged the support of a third party to develop the DTI, but there is no obligation on the design approval holder to verify whether this is the case. If a design approval holder is in a situation where the need to comply with point 26.334 of Part-26 is not clear, this should be highlighted to EASA in the frame of the discussion of the compliance plan required in point 26.331 of Part-26 in order to find a way forward.

[Issue: 26/3] [Issue: 26/5]

[…]

CS 26.370 Continuing airworthiness tasks and aircraft mMaintenance programme — Operators and organisations responsible for maintenance programmes for large aeroplanes under Part-M

(a) Compliance with point 26.370(a)(i) of Part-26 is demonstrated by incorporating into if the aircraft maintenance programme (AMP) incorporates the approved damage-tolerance-based inspection programme DTIs developed by the design approval holders in accordance with CS 26.302.

(b) Compliance with point 26.370(a)(ii) of Part-26 is demonstrated by complying if compliance with point (i) of this CS is demonstrated or by ensuring that the adverse effects that repairs and modifications changes may have on FCS are addressed by:

Page 6 of 13

(1) incorporating into the maintenance programme AMP all available approved DTIs for modifications changes by 26 February 2024 following compliance with points (c) to (e) of this CS;

(2) complying with point (f) of this CS;

(3) incorporating in the maintenance programme AMP the approved DTIs for all other repairs and modifications changes in accordance with the schedule adopted in a plan to be included, or referred to, in the maintenance programme AMP by 26 February 2024 in compliance with points (g) and (h) of this CS.

(c) Review of aeroplane records and initial request for data

(1) A candidate list of the major modifications changes in the aeroplane that affect or include FCS has been identified by means of a review of records, and listed in a report prepared by the organisation responsible for the management of continuing airworthiness and for the establishment of the maintenance programme, maintenance by 26 February 2022.

(2) Requests for FCMS lists and DTIs for modifications changes identified in point (c)(1) above as supplemental type certificates (STCs) and other existing major changes, approved prior to 1 September 2003, are submitted to the design approval holder by 26 March 2022, or an alternative source of approved DTIs is identified.

(3) A final list of the major modifications changes in of the aeroplane that affect or include FCS, taking into account the candidate list in point (c)(1) above, the available design approval holder lists of changes that affect the FCBS and the evaluation from the organisation responsible for the management of continuing airworthiness management organisation’s own evaluation, is included in a report prepared by the organisation responsible for the management of continuinged airworthiness management organisation. The report should be completed by 26 August 2022 or before operating the aeroplane in accordance with Annex IV (Part-CAT) to Regulation (EU) No 965/2012, whichever occurs later.

(d) Operator or owner rReview of design approval holder compliance data

A review has been conducted by the organisation responsible for the management of continuing airworthiness management organisation of the applicable documents supplied by type -certificate (TC) holders and STC holders in compliance with points 26.302, 26.306 to 26.309 and 26.332 to 26.334 of Part-26, which supports the identification of the available FCS and DTIs relevant to each aeroplane.

(e) DTIs that should be incorporated into the maintenance programme AMP before 26 February 2024.

For modifications changes with an approved DTI that is available and compliant with points 26.307 or 26.333 of Part- 26, all the applicable DTIs should be incorporated into the maintenance programme AMP by 26 February 2024 or before operating the aeroplane in accordance with Annex IV (Part-CAT) to Regulation (EU) No 965/2012, whichever occurs later.

(f) Modifications Changes incorporated in an aeroplane imported to the EU after 26 February 2021

For all major modifications changes affecting FCS incorporated in an aeroplane that is imported to the EU after 26 February 2021, the applicable approved DTI should be obtained and incorporated into the maintenance programme AMP by 26 February 2024 or before operating the aeroplane in accordance with Annex IV (Part-CAT) to regulation (EU) No 965/2012, whichever occurs later.

Page 7 of 13

(g) Means to address the adverse effect of repairs and modifications changes that have not had DTIs incorporated into the maintenance programme AMP according to points (e) and (f) of this CS

(1) A plan has been established by the organisation responsible for the management of continuing airworthiness management organisation to obtain and implement all the applicable DT data for existing major modifications changes and reinforcing repairs affecting the FCS.

(2) The plan has been incorporated, in full or by reference, into the maintenance programme AMP for approval. in accordance with point M.A.302 of Annex I (Part-M) to Regulation (EU) No 1321/2014.

(3) For each modification change identified in the list contained in the report of point (c)(3) above and that is subject to this point, the plan shows that:

(i) requests for DT data have been made to the DAH that has to comply with point 26.334 of Part-26, and an agreement for obtaining approved DTIs is reached, or

(ii) an agreement is established with a third party to provide approved DTIs,

in order to support a schedule for incorporation of the DTIs into the maintenance programme AMP in accordance with point (h).

(4) In case a modification change is identified after establishing the list of modifications changes according to point (c)(3) above, e.g. during an aeroplane survey, add that modification change to the list.

(5) The plan ensures that reinforcing repairs to the FCS will be identified and assessed for DT by specifying processes for:

(i) conducting surveys and records reviews of the affected aeroplanes as necessary to ensure the identification and documentation of all the existing reinforcing repairs that affect the FCS; and

(ii) obtaining DT data for reinforcing repairs identified in point (g)(5)(i) above.

The plan does not need to include an aeroplane survey when the aeroplane certification basis for the complete structure of the aeroplane is CS 25.571. Reinforcing repairs are described in point 3.13.3 of Appendix 3 to AMC 20-20A.

(6) This plan also includes schedules for:

(i) conducting aeroplane surveys, obtaining DT data for repairs and incorporating all approved DTIs into the maintenance programme AMP considering the applicable REGs. Additional means of compliance may be found in Appendix 3 to AMC 20-20A;

(ii) obtaining DT data for all major modifications changes identified either in the plan or added to the list of modifications changes according to point (g)(4) above, and incorporating the applicable approved DTIs in the maintenance programme AMP in accordance with point (h) below.

(h) Schedule for obtaining DT data for certain modifications changes

For major modifications changes subject to point (g), a schedule is established for obtaining DT data such that:

(1) for major modifications changes identified in the plan in accordance with point (g)(3), all applicable approved DTIs will be incorporated into the maintenance programme AMP before 26 February 2026; and

Page 8 of 13

(2) for major modifications changes identified according to point (g)(4), the applicable approved DTIs will be incorporated into the maintenance programme AMP by 26 February 2026 or within 12 months of the identification of that modification change, or before operating the aircraft in accordance with Annex IV (Part-CAT) to Regulation (EU) No 965/2012, whichever occurs later.

(i) As an alternative to compliance with points (c) to (h) above, compliance with point 26.370(a)(ii) of Part-26 is demonstrated when a process exists and has been implemented to ensure that approved DTIs for all repairs and modifications changes affecting the FCS of an aeroplane have been incorporated into the maintenance programme AMP since the aeroplane first entered service.

(j) Compliance with point 26.370(a)(iii) of Part-26 is demonstrated by incorporating into the maintenance programme the most restrictive applicable limitation of points (1), (2) or (3) below, in flight cycles or flight hours or both, as appropriate:

(1) An EASA-approved LOV in accordance with Part-26, or

(2) An EASA-approved limitation on the applicability of the ALS of the instructions for continued airworthiness at the aeroplane level, in accordance with JAR/CS 25.571 and 25.1529 (or equivalent), or

(3) For aeroplanes listed in Table 1 below, the limitation in Table 1, unless EASA has approved different limitations in accordance with (1) or (2).

Table 1

Type/Model FC/FH

Boeing 707 (-300 Series and -400 Series) 20 000 FC

Boeing 720 30 000 FC

DC 8 50 000 FC/50 000 FH

DC-9 100 000 FC/100 000 FH

DC-10-10, -15 42 000 FC/60 000 FH

DC-10-30, -40, -10F, -30F, -40F 30 000 FC/60 000 FH

MD-10-10F 42 000 FC/60 000 FH

MD-10-30F 30,000 FC/60,000 FH

MD-90 60 000 FC/90 000 FH

Lockheed Electra L-188 26 600 FC

Lockheed Hercules 382 Series Hercules Models 382, 382B, 382E, 382F, and 382G

20 000 FC/50 000 FH

Lockheed Tristar L-1011-385-1, L-1011-385-1-14, L-1011-385-1-15, and L-1011-385-3.

36 000 FC

Table 1

(k) Compliance with point 26.370(a)(iv) of Part-26 is demonstrated by incorporating a CPCP into the maintenance programme, and where a TC holder baseline CPCP produced in accordance with point 26.304 of Part-26 exists, it is taken into account in the development of the operator’s CPCP.

[Issue: 26/3] [Issue: 26/5]

Page 9 of 13

GM1 26.370(a)(ii) Maintenance programmeMeans to address the adverse effects of repairs and modifications MEANS TO ADDRESS THE ADVERSE EFFECTS OF REPAIRS AND CHANGES Unless an operator or owner complies with there is a process as specified in CS 26.370(i) and in order to comply in a timely manner with point 26.370(a)(ii) of Part-26, it is necessary to accomplish specific actions beforehand, to identify changes affecting the FCS, request the DT data, and review the design approval holder documentation, in accordance with CS 26.370 (c) and (d).

DTIs that should be available and incorporated into the maintenance programme AMP before 26 February 2024 are those DTIs that have been developed by the TC or RTC holders in compliance with points 26.302 and 26.307 and STC holders in compliance with points 26.302, 26.307 and 26.333 of Part-26. The timescales for those requirements should mean that the DT data is submitted to EASA for approval by 26 February 2023, and following approval, the design approval holder has to make the DTIs available to all known operators and, on request, to the involved organisation responsible for the management of continuing airworthiness, allowing them to incorporate the incorporation of the data in the maintenance programme prior to 26 February 2024. The organisation responsible for the management of continuing airworthiness and for the establishment of the maintenance programme operator will need to identify and contact the design approval holder for the applicable modification change and request DT data for the modification change. If the design approval holder for a modification change installed on an operator’s aeroplane no longer exists or does not make the DTI available for some reason that is out of the operator’s control of the organisation responsible for the management of continuing airworthiness, the DTI may be obtained and incorporated according to the schedules outlined in CS 26.370(h). In these cases, the plan used in accordance with CS 26.370(g) should show the course of action for that modification change, including the agreements by which the DTIs will be obtained.

For modifications changes approved after 1 September 2003, if the operator organisation responsible for the management of continuing airworthiness decides not to obtain the DTI that is available from the design approval holder of the modification change and elects to contract a third party, the timescale of CS 26.370(e) for the incorporation of the approved DTI into the maintenance programme AMP remains unchanged.

For the DTIs of modifications changes where the TC holder is not the approval holder and the approval was issued prior to 1 September 2003, the operator organisation responsible for the management of continuing airworthiness will have to make a request for that data to the approval holder, who would then have to comply with point 26.334 of Part-26 and make the DTIs available, or the operator organisation responsible for the management of continuing airworthiness may arrange with a third party to perform the DTE and provide approved DTIs. The DT data should be obtained, and the DTIs incorporated into the maintenance programme AMP according to the schedules outlined in CS 26.370(h), and this should be part of the plan used in accordance with CS 26.370(g).

When a request for DT data is made to the design approval holder that has to comply with point 26.334 of Part-26, it should be in written form, the date of the request should be recorded, and a record kept of the subsequent communications with the DAH, the agreements reached and the actions taken. An example of such records would be a copy of the contract to provide the DT data.

For each modification change identified in the review of records as per CS 26.370(c), when the DTI for a modification change is not already incorporated into the maintenance programme AMP, the operator organisation responsible for the management of continuing airworthiness should ensure that it will be obtained. This means that the design approval holders of all modifications changes for which the operator organisation responsible for the management of continuing airworthiness has identified a potential need for DTIs should be approached in a timely manner.

Page 10 of 13

For repairs, acceptable procedures for conducting aeroplane surveys, and schedules for obtaining, incorporating and implementing DTIs may be found in the applicable REGs made available by the TC holder as required by point 26.309 of Part-26 and described in Appendix 3 to AMC 20-20A.

[Issue: 26/3] [Issue: 26/5]

SUBPART C — HELICOPTERS

[…]

CS 26.405 Cargo compartment fire protection

For small helicopters and large helicopters referred to in point 26.405 of Part-26, type-certificate, restricted type-certificate, supplemental type-certificate or design change approval holders must demonstrate compliance with point 26.405 by providing:

(a) information on the helicopter design characteristics associated with the cargo compartment fire protection capabilities for which the certificate or design change approval holders had to demonstrate compliance with the certification specifications in the section ‘fire protection’ of Subpart D of CS-27 and CS-29 respectively, and the related acceptable means of compliance, or equivalent, as established in the certification basis;

(b) the reference to the demonstrated specifications established in the certification basis.

[Issue: 26/5]

GM1 26.405 Cargo compartment fire protection

INFORMATION ON HELICOPTER DESIGN CHARACTERISTICS ASSOCIATED WITH CARGO COMPARTMENT FIRE PROTECTION

(a) Type-certificate (TC), restricted type-certificate, supplemental type-certificate (STC) or design change approval holders will identify the valuable information on the helicopter design characteristics associated with the cargo compartment fire protection capabilities that would enable the operator to fully assess the risk before accepting specific items for transport.

(b) The list below provides examples of the elements of information that the TC, restricted TC, STC and design change approval holders may make available to all known operators. Some of the examples may not apply since they depend on the helicopter types. As deemed necessary, the TC, restricted TC, STC and design change approval holders may include further detailed information.

— cargo compartment characteristics, e.g.:

— location

— accessibility

— available volume

— smoke and fire detection systems’ features and capabilities, e.g.:

— fire detection temperature

— fire-extinguishing, suppression and control systems’ features and capabilities, e.g.:

Page 11 of 13

— location

— quantity

— handheld or built-in fire extinguisher

— type and quantity of fire-extinguishing agents

— fire suppression capability

— ventilation control systems’ features, e.g.:

— shut-off capability during a fire event

— design characteristics to prevent the accumulation of harmful quantities of smoke, flame, extinguishing agents or noxious gases in other compartments;

— cargo compartment, floor, ceiling and sidewall liner panels features and capability, e.g.:

— material

— fire-resistance characteristics

— design and sealing of inaccessible compartments’ characteristics.

[Issue: 26/5]

[…]

CS 26.440 Fuel system crash resistance

Compliance with point 26.440 of Part-26 is demonstrated by complying with CS 27.952 of CS-27 or the

equivalent, CS 29.952 of CS-29 or the equivalent, and with CS 27.963 of CS-27 or the equivalent,

CS 29.963 of CS-29 or the equivalent, and with CS 27.973 of CS-27 or the equivalent, CS 29.973 of

CS-29 or the equivalent, and with CS 27.975(b) of CS-27 or the equivalent, CS 29.975(a) of CS-29, or

with the following:

(a) For helicopters under point 26.440(a) 1 or 26.440(b) 1:

(1) Each fuel tank, or the most critical fuel tank, must be subjected to a drop test that

results in no subsequent leakage of the fluid that is contained within it, using the

following parameters:

(i) the tank must be dropped from a height of at least 15.2 m (50 ft);

(ii) the surface that the tank will impact after it has been dropped must not be

capable of absorbing the energy of the impact (i.e. the surface must not deform

as a result of the impact);

(iii) the tank must be filled with water to a level that is 80 % of the normal, full

capacity of the tank; and

(iv) the tank must drop freely and impact in a horizontal position of ±10 °.

(2) Self-sealing breakaway fuel line couplings must be installed unless hazardous relative

motion of fuel system components to each other or to local rotorcraft structure is

demonstrated to be extremely improbable or unless other means are provided. The

couplings or equivalent devices must be installed at all fuel tank-to-fuel line

Page 12 of 13

connections, tank-to-tank interconnects, and at other points in the fuel system where

local structural deformation could lead to release of fuel.

(i) The design and construction of self-sealing breakaway fuel line couplings must

incorporate the following design features:

(A) The load necessary to separate a breakaway coupling must be between

25 % and 50 % of the minimum ultimate failure load (ultimate strength) of

the weakest component in the fluid-carrying line. The separation load

must in no case be less than 1334 N (300 lb), regardless of the size of the

fluid line.

(B) A breakaway coupling must separate whenever its ultimate load (as

defined in subparagraph (b)(1)(i)) is applied in the failure modes that are

most likely to occur.

(C) All breakaway couplings must incorporate design provisions to visually

ascertain that the coupling is locked together (leakage-free) and is open

during normal installation and service.

(D) All breakaway couplings must incorporate design provisions to prevent

uncoupling or unintended closing due to operational shocks, vibrations, or

accelerations.

(E) No breakaway coupling design may allow the release of fuel once the

coupling has performed its intended function.

(ii) All individual breakaway couplings, coupling fuel feed systems, or equivalent

means must be designed, tested, installed, and maintained so that inadvertent

fuel shut-off in flight is improbable in accordance with CS 27.955(a) or CS 29.955

or the equivalent, and must comply with the fatigue evaluation requirements of

CS 27.571 or CS 29.571, as appropriate, or the equivalent, without leakage.

(iii) Alternate means equivalent to the use of breakaway couplings must not create a

survivable impact-induced load on the fuel line to which they are installed, which

is greater than 25 % to 50 % of the ultimate load (strength) of the weakest

component of the line, and must comply with the fatigue evaluation

requirements of CS 27.571 or CS 29.571, as appropriate, or the equivalent,

without leakage.

(3) Fuel tanks, fuel lines, electrical wires, and electrical devices must be designed,

constructed, and installed, as far as practicable, to be crash-resistant.

(4) Rigid or semi-rigid fuel tank or bladder walls must be impact- and tear-resistant.

(5) Each flexible fuel tank bladder or liner must be approved or shown to be suitable for

the specific application and must be puncture-resistant. Puncture resistance must be

shown by using the methodology that is contained in paragraph 16.0 of European

Technical Standard Order (ETSO)-C80, when resisting a minimum puncture force of:

(1) 1646 N (370 lbs); or

(2) 1112 N (250 lbs) if the drop test that is required in paragraph (a) is successfully

conducted with the tank enclosed in a surrounding structure that is

Page 13 of 13

representative of the tank installation that includes any projections or other

design features that are likely to contribute to the rupture of the tank.

(6) The venting system must be designed to minimise spillage of fuel through the vents to

an ignition source in the event of either a rollover during landing, ground operation, or

a survivable impact.

(b) For helicopters under points 26.440(a) 2 or 26.440 (b) 2:

(1) Each fuel tank, or the most critical fuel tank, must be subjected to a drop test that

results in no subsequent leakage of the fluid that is contained within it, using the

following parameters:

(a) the tank must be dropped from a height of at least 15.2 m (50 ft);

(b) the surface that the tank will impact after it has been dropped must not be capable

of absorbing the energy of the impact (i.e. the surface must not deform as a result

of the impact);

(c) the tank must be filled with water to a level that is 80 % of the normal, full capacity

of the tank; and

(d) the tank must drop freely and impact in a horizontal position of ±10 °.

(2) Fuel tanks, fuel lines, electrical wires, and electrical devices must be designed,

constructed, and installed, as far as practicable, to be crash-resistant.

(3) Each flexible fuel tank bladder or liner must be approved or shown to be suitable for

the specific application and must be puncture-resistant. Puncture resistance must

be shown by using the methodology that is contained in paragraph 16.0 of European

Technical Standard Order (ETSO)-C80, when resisting a minimum puncture force of

1112 N (250 lbs).

GM1 26.440(a)(2)(iii) Fuel system crash resistance

Where practicable, installations that use a fuel line slack or stretch as an equivalent means should be

able to elongate enough to accommodate any probable relative motion between the ends of the line

during an accident. 20–30 % of the line length may be used as a guideline in lieu of a more rational

analysis.

GM2 26.440(a)(4) Fuel system crash resistance

CS 26.440(d) only applies to rigid or semi-rigid fuel tank or bladder walls, hence, flexible liners are not

required to comply with that requirement.

European Union Aviation Safety Agency

Opinion No 05/2024 in accordance with Article 76(1) of Regulation (EU) 2018/1139

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An agency of the European Union

Helicopter crash-resistant fuel systems

Information on cargo compartment fire protection capabilities Runway overrun awareness and alerting systems

Conversion of Class D compartments

RMT.0710 AND RMT.0740 (SUBTASK 1)

EXECUTIVE SUMMARY

This Opinion proposes to amend Regulation (EU) 2015/640 on additional airworthiness specifications for a given type of operations to: — mandate the installation of a crash-resistant fuel system (CRFS) onto some existing helicopter designs that are still in

production and the retrofit of some in-service helicopters; — require design approval holders to make available information on aeroplanes and helicopters cargo compartment fire

protection capabilities as certified to operators. This requirement would apply to type-certificate and restricted type- certificate holders, to supplemental type-certificate and design change approval holders, when the change affects the cargo compartment fire protection design elements. This proposal transposes the related new ICAO Standards and Recommended Practices (SARPs) in Amendment 109 to Annex 8 ‘Airworthiness of Aircraft’ to the Convention on International Civil Aviation into Commission Regulation (EU) 2015/640 ‘Additional airworthiness specifications for operations’;

— postpone the date, specified in point 26.205 of Annex I (Part-26), from which newly produced large aeroplanes used in commercial air transport shall be equipped with a runway overrun awareness and alerting system;

— exempt operators of certain in-service large aeroplanes used for business operations from the requirement to convert the Class D compartments of these aeroplanes, as introduced by Commission Implementing Regulation (EU) 2020/1159 on the introduction of new additional airworthiness requirements;

— clarify some existing requirements. The proposed amendments are expected to:

— increase safety and improve the survivability of helicopter occupants by significantly reducing the likelihood of a post- crash fire;

— assist operators in determining the limitations of specific cargo compartment fire protection capabilities established during certification when conducting the risk assessment for the transport of dangerous goods as required by Commission Regulation (EU) No 965/2012;

— reflect the current industrial capabilities of large aeroplane type-certificate holders in developing, certifying, and introducing into production a runway overrun awareness and alerting system;

— ensure that the requirement, which was introduced with point 26.157, to mitigate the risk of a serious incident or accident caused by a fire that starts in the Class D compartment of a large aeroplane is proportionate and cost-efficient;

— clarify the scope of Regulation (EU) 2015/640 for operators and some existing requirements related to ageing aeroplane structures.

REGULATION TO BE AMENDED Commission Regulation (EU) 2015/640

AFFECTED STAKEHOLDERS

Design organisation approval (DOA) holders; production organisation approval (POA) holders; aircraft operators; Member

States’ national competent authorities

WORKING METHODS

Development Impact assessment(s) Consultation

By EASA RMT.0710: Detailed RMT.0740: Light

RMT.0710: NPA and Workshops RMT.0740: NPA — Focused

RELATED DOCUMENTS / INFORMATION — ToR RMT.0710, issued on 16.12.2021 ToR RMT.0740, issued on 11.4.2023 — RMT.0710: NPA 2022-10 RMT.0740: NPA 2023-105

PLANNING MILESTONES: Refer to the latest edition of EPAS Volume II.

European Union Aviation Safety Agency Opinion No 05/2024

Table of contents

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An agency of the European Union

Table of contents

1. About this Opinion .................................................................................................. 4

1.1. How this regulatory material was developed .................................................................... 4

1.1.1. RMT.0710 — crash-resistant fuel systems ........................................................................ 4

1.1.2. RMT.0740 — information on cargo compartment fire protection capabilities ................ 4

1.1.3. Runway overrun awareness and alerting systems ............................................................ 5

1.1.4. Conversion of Class D compartments ............................................................................... 5

1.1.5. Clarification of existing requirements and editorial improvements ................................. 5

1.2. The next steps .................................................................................................................... 5

2. In summary — why and what .................................................................................. 6

2.1. Why we need to act............................................................................................................ 6

2.1.1. RMT.0710 — crash-resistant fuel systems ........................................................................ 6

2.1.2. RMT.0740 — information on cargo compartment fire protection capabilities ................ 8

2.1.3. Runway overrun awareness and alerting systems .......................................................... 10

2.1.4. Conversion of Class D compartments ............................................................................. 10

2.1.5. Clarification of existing requirements and editorial improvements ............................... 11

2.1.6. Scope of Regulation (EU) 2015/640 for operators .......................................................... 11

2.1.7. Applicability of point 26.370 of Regulation (EU) 2015/640 ............................................ 11

2.1.8. Editorial improvements ................................................................................................... 11

2.2. What we want to achieve — objectives ........................................................................... 11

2.2.1. RMT.0710 — crash-resistant fuel systems ...................................................................... 11

2.2.2. RMT.0740 — information on cargo compartment fire protection capabilities .............. 11

2.2.3. Runway overrun awareness and alerting systems .......................................................... 12

2.2.4. Conversion of Class D compartments ............................................................................. 12

2.2.5. Clarification of existing requirements and editorial improvements and corrections ..... 12

2.3. How we want to achieve it — overview of the proposed amendments ......................... 12

2.3.1. RMT.0710 — crash-resistant fuel systems ...................................................................... 12

2.3.2. RMT.0740 — information on cargo compartment fire protection capabilities .............. 13

2.3.3. Runway overrun awareness and alerting systems .......................................................... 15

2.3.4. Conversion of Class D compartments ............................................................................. 15

2.3.5. Clarification of existing requirements and editorial improvements ............................... 15

2.3.6. Summary of the proposed amendments and rationale .................................................. 16

2.3.7. Legal basis ....................................................................................................................... 18

2.4. What are the stakeholders’ views .................................................................................... 18

2.4.1. RMT.0710 — crash-resistant fuel systems ...................................................................... 18

2.4.2. RMT.0740 — information on cargo compartment fire protection capabilities .............. 18

2.4.3. Runway overrun awareness and alerting systems .......................................................... 20

2.4.4. Conversion of Class D compartments ............................................................................. 21

3. What are the expected benefits and drawbacks of the regulatory material ............ 22

3.1. RMT.0710 — crash-resistant fuel systems ....................................................................... 22

3.2. RMT.0740 — information on cargo compartment fire protection capabilities ............... 22

European Union Aviation Safety Agency Opinion No 05/2024

Table of contents

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3.3. Runway overrun awareness and alerting systems ........................................................... 23

3.4. Conversion of Class D compartments .............................................................................. 24

4. Proposed regulatory material ................................................................................ 25

5. Monitoring and evaluation .................................................................................... 26

5.1. RMT.0710 — crash-resistant fuel systems ....................................................................... 26

5.2. RMT.0740 — information on cargo compartment fire protection capabilities ............... 26

5.3. Runway overrun awareness and alerting systems ........................................................... 26

5.4. Conversion of Class D compartments .............................................................................. 26

6. Proposed actions to support implementation ........................................................ 27

6.1. RMT.0710 — crash-resistant fuel systems ....................................................................... 27

6.2. RMT.0740 — information on cargo compartment fire protection capabilities ............... 27

6.3. Runway overrun awareness and alerting systems ........................................................... 27

6.4. Conversion of Class D compartments .............................................................................. 27

7. References............................................................................................................. 28

7.1. RMT.0710 — crash-resistant fuel systems ....................................................................... 28

7.2. RMT.0740 — information on cargo compartment fire protection capabilities ............... 28

European Union Aviation Safety Agency Opinion No 05/2024

1. About this Opinion

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1. About this Opinion

1.1. How this regulatory material was developed

The European Union Aviation Safety Agency (EASA) developed the regulatory material in question in

line with Regulation (EU) 2018/11391 (the Basic Regulation) and the Rulemaking Procedure2, as well

as in accordance with the objectives and working methods described in the Terms of Reference

(ToR)3,4.

EASA sought the advice of the Member States’ Advisory Body (MAB) before issuing this Opinion to

ensure that possible divergent views on the proposal would be addressed in due time before the

Opinion publication. EASA assessed the comments received and considered the relevant ones for the

final Opinion.

For information, EASA publishes the draft of the amended CS-26 and related guidance material (GM),

and GM to Annex I (Part 21) to Regulation (EU) No 748/2012, which are intended to be issued to

support the application of the Regulation proposed in this Opinion.

1.1.1. RMT.0710 — crash-resistant fuel systems

The draft regulatory material was publicly consulted in accordance with the ToR for this RMT through

NPA 2022-105.

EASA reviewed the comments received and duly considered them for the preparation of the

regulatory material presented here.

1.1.2. RMT.0740 — information on cargo compartment fire protection capabilities

The draft regulatory material was consulted in accordance with the ToR for this RMT with the ABs

through NPA 2023-1056.

EASA reviewed the comments received and duly considered them for the preparation of the

regulatory material presented here.

1 Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of

civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (OJ L 212, 22.8.2018, p. 1) (http://data.europa.eu/eli/reg/2018/1139/oj).

2 EASA is bound to follow a structured rulemaking process as required by Article 115(1) of Regulation (EU) 2018/1139. Such a process has been adopted by the EASA Management Board (MB) and is referred to as the ‘Rulemaking Procedure’. See MB Decision No 01-2022 of 2 May 2022 on the procedure to be applied by EASA for the issuing of opinions, certification specifications and other detailed specifications, acceptable means of compliance and guidance material ('Rulemaking Procedure'), and repealing Management Board Decision No 18-2015 (EASA MB Decision No 01-2022 on the Rulemaking Procedure, repealing MB Decision 18-2015 (by written procedure) | EASA (europa.eu)).

3 ToR RMT.0710 - Improvement in the survivability of rotorcraft occupants in the event of a crash | EASA (europa.eu) 4 ToR RMT.0740 - Regular update of Regulations (EU) 748/2012 and (EU) 2015/640 and associated AMC&GM and CS-26

to transpose ICAO SARPs | EASA (europa.eu) 5 NPA 2022-10 - Improvement in the survivability of rotorcraft occupants in the event of a crash — Phase 1 – Crash resistant

fuel systems | EASA (europa.eu) 6 NPA 2023-105 - Regular update of Regulations (EU) 2015/640 and (EU) No 748/2012 and associated AMC & GM, as well

as of CS-26, to transpose ICAO SARPs - Information on cargo compartment fire protection capabilities| EASA (europa.eu)

European Union Aviation Safety Agency Opinion No 05/2024

1. About this Opinion

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1.1.3. Runway overrun awareness and alerting systems

EASA received information from some large aeroplane type-certificate holders (TCHs) regarding the

issues they are facing with the development and certification of runway overrun awareness and

alerting systems in accordance with the requirement of point 26.205 of Annex I (Part-26) to Regulation

(EU) 2015/640. This has led to ad hoc meetings and exchange of information with the TCHs concerned.

Also, a letter, dated 25 January 2024, was received from the General Aviation Manufacturers

Association (GAMA). Other manufacturers were also consulted to check their ability to meet the point

26.205 date. EASA analysed the various concerns and information received and prepared the proposal

contained in this Opinion.

1.1.4. Conversion of Class D compartments

EASA further considered feedback received from interested parties (operators and manufacturers of

the aeroplanes concerned) on the impact of Commission Implementing Regulation (EU) 2020/11597

and Commission Implementing Regulation (EU) 2022/12548.

1.1.5. Clarification of existing requirements and editorial improvements

This Opinion considers two comments received during the consultation of NPA 2023-105 that are not

related to the proposal under RMT.0740. In response to these comments, this Opinion proposes to

clarify the scope of Regulation (EU) 2015/640 for operators and some existing requirements related

to the ageing aeroplane structures.

In addition, this Opinion proposes editorial improvements to Regulation (EU) 2015/640.

1.2. The next steps

This Opinion is submitted to the European Commission which, based on the Opinion’s content, shall

decide whether to adopt the amendments to Regulation (EU) 2015/640 as proposed in the Opinion.

Following the adoption and issuance of the amending regulation, EASA will issue an Executive Director

Decision with the related certification specifications (CSs) and guidance material (GM) to support the

application of that Regulation. When issuing this Decision, EASA will also provide feedback to the

commentators and information to the public on who engaged in the process and/or provided

comments on the draft CSs and GM during the consultation, which comments were received, how

such engagement and consultation was used in rulemaking, and how the comments were considered.

7 Commission Implementing Regulation (EU) 2020/1159 of 5 August 2020 amending Regulations (EU) No 1321/2014 and

(EU) No 2015/640 as regards the introduction of new additional airworthiness requirements (OJ L 257, 6.8.2020, p. 14) (http://data.europa.eu/eli/reg_impl/2020/1159/oj).

8 Commission Implementing Regulation (EU) 2022/1254 of 19 July 2022 amending Regulation (EU) 2015/640 as regards the introduction of new additional airworthiness requirements (OJ L 191, 20.7.2022, p. 47) (http://data.europa.eu/eli/reg_impl/2022/1254/oj).

European Union Aviation Safety Agency Opinion No 05/2024

2. In summary — why and what

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2. In summary — why and what

2.1. Why we need to act

2.1.1. RMT.0710 — crash-resistant fuel systems

In 1994, the Federal Aviation Administration (FAA) and the Joint Aviation Authorities (JAA) introduced

certification requirements for crash-resistant fuel systems (CRFSs) for all newly certified helicopters.

In 2003, EASA incorporated those occupant protection certification requirements into the Certification

Specifications for Small Rotorcraft (CS-27) and the Certification Specifications for Large Rotorcraft

(CS-29) for all newly certified helicopters.

Helicopters that had been designed and certified before 1994 (prior to the establishment of EASA)

were not required to meet the improved occupant protection requirements. This resulted in a mixed

fleet of helicopters with some helicopters being compliant with the CRFS requirements and some not,

depending on the certification year. The helicopters that are not compliant with the CRFS

requirements have had an adverse effect on the overall safety of the European helicopter fleet due to

the higher likelihood of a post-crash fire with associated fatalities. Moreover, derivative helicopters

models that were certified after 1994 have not been required to comply with the latest CRFS

requirements due to the ‘changed product rule’ (as described in point 21.A.101 of Annex I (Part 21) to

Regulation (EU) No 748/20129 (the ‘Initial Airworthiness (IAW) Regulation’)) and the grandfather rights

that were acquired after the initial type certificate (TC) for a design is issued. Currently, 60 % of the

helicopter fleet in service in Europe are compliant with the requirements for occupant protection,

mainly with regard to CRFSs.

Since 2011, nine safety recommendations (SRs) have been addressed to EASA on the need to improve

the incorporation of CRFSs into newly manufactured helicopters and/or as a retroactive modification

that can be installed onto the existing helicopter fleet.

In 2018, the FAA established the Aviation Rulemaking Advisory Committee (ARAC) Rotorcraft

Occupant Protection Working Group (ROPWG) (with the participation of EASA) and published a set of

recommendations for the application of design improvements for occupant protection including

CRFSs.

Due to a decision by the US Senate and a law change as of April 2020, newly manufactured helicopters

that are operated or registered in the United States (US) must be fully or partially compliant with the

CFRS requirements.

Related safety issues

The following SRs, which were issued by designated safety investigation authorities10, were considered

for this RMT (for each of the SRs, the following information is provided: SR number, summary of the

9 Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and

environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (recast) (OJ L 224, 21.8.2012, p. 1) (http://data.europa.eu/eli/reg/2012/748/oj).

10 Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (OJ L 295, 12.11.2010, p. 35) (http://data.europa.eu/eli/reg/2010/996/oj).

European Union Aviation Safety Agency Opinion No 05/2024

2. In summary — why and what

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SR/SR text, accident/incident aircraft type and registration, date and location of the

accident/incident):

— Accident Robinson R44 VH-HWQ, 21 March 2013, Australia, (ASTL-2015-029) ATSB

AO-2013-055-SR-029: ‘The ATSB recommends that the European Aviation Safety Agency take

action to increase the number of existing helicopters that are fitted with a crash-resistant fuel

system or have an equivalent level of safety in respect of post-impact fire.’

— (ASTL-2015-030) ATSB AO-2013-055-SR-030: ‘The ATSB recommends that the European

Aviation Safety Agency take action to increase the number of helicopters manufactured in

accordance with the 1994 certification requirements for helicopters to include a crash-resistant

fuel system.’

— Accidents EC130B4 (N356AM), 6 March 2015, St. Louis, Missouri, and AS350B3e (N390LG)

3 July 2015, Frisco, Colorado, (UNST-2016-001) NTSB (two survivable accidents with serious

injuries because of post-crash fires resulting from an impact-related breach in the fuel tank):

‘Once Airbus Helicopters completes development of a retrofit kit to incorporate a

crash-resistant fuel system into AS350 B3e and similarly designed variants, prioritize its approval

to accelerate its availability to operators (A-16-11).’

— On 15 January 2014, the NTSB released the following recommendation (A-14-001): ‘Require

owners and operators of existing R44 helicopters to comply with the fuel tank retrofit advised

in Robinson Helicopter Company Service Bulletin SB-78B to improve the helicopters’ resistance

to a post-accident fuel tank leak (A-14-001).’

— Loss of control, Robinson Helicopter Company R44 Astro, VH-HFH, on 4 February 2011, report

AO-2011-06: No specific safety recommendation was published by the Australian Transport

Safety Bureau (ATSB), but the bladder-type fuel tank retrofit was mentioned. Following the

VH-HFH accident, on 9 March 2012, the ATSB issued safety advisory notice

AO-2012-021-SAN-001 on R44 helicopter all-aluminium fuel tanks.

— Loss of control involving Robinson R44 helicopter, VH-COK, on 4 February 2012, report

AO-2012-021, issued on 3 May 2013. The ATSB published recommendation AO-2012-021-SI-01

‘Fitment of rubber, bladder-type fuel tanks to R44 helicopters’.

— Collision with terrain involving Robinson R44 helicopter, VH-HWQ. on 21 March 2013.

On 5 April 2013, the ATSB published safety recommendation AO-2013-055-SR-001 towards the

Civil Aviation Safety Authority (CASA): ‘The ATSB recommends that CASA take further action to

ensure that owners and operators of Robinson R44 helicopters are aware of the relevant

regulatory requirements and comply with the manufacturer’s service bulletin SB-78B to replace

all-aluminium fuel tanks with bladder-type tanks on Robinson R44 helicopters.’

— Following an accident involving an AS350 Airbus helicopter (CS-HFT) in Portugal on

5 September 2019, the Portuguese Accident Investigation Authority made the following

recommendation to EASA (PORT-2020-001): ‘It is recommended that EASA follow its Rotorcraft

Safety Roadmap publication principles, producing rulemaking documentation requiring

retroactive application of the current improvements in fuel tank crash resistance for helicopters

certified before the new certification specification for type design entered into force.

Helicopters used for Commercial Operations shall be subject to this additional airworthiness

requirement for operations.’

European Union Aviation Safety Agency Opinion No 05/2024

2. In summary — why and what

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— On Saturday, 31 August 2019, an AS350 B3 Airbus helicopter, registered LN-OFU, crashed in the

Skoddevarre mountains near Alta (Norway). The Norwegian Safety Investigation Authority

(NSIA) recommends (SR No 2022/01T) that EASA requires that all helicopters, new and used,

that are delivered in or imported to Europe be equipped with CRFSs in accordance with

CS 27.952 or CS 29.952, regardless of their type certification date. In addition, the NSIA

recommends EASA to not permit commercial passenger flights with helicopters that are not

equipped with CRFSs in accordance with CS 27.952 or CS 29.952, regardless of their type

certification date.

In addition, in 2014, EASA performed an evaluation of the post impact fire unsafe condition as regards

Robinson R44. Based on that report, EASA concluded that a potential unsafe condition existed

considering:

— the abnormal post-crash fire rate taking into account helicopter generational evolution;

— the abnormal R44 post-crash fire rate compared to other helicopters;

— the potential technical susceptibility of R44 to risk of a leak/ignition source compared to R22;

and

— the events causing fatalities.

EASA issued Airworthiness Directive (AD) No 2014-07011 to address this unsafe condition, which in

turn addressed some of the SRs above. The remaining SRs, with regard to:

— the installation of a CRFS onto newly produced helicopters; and

— the retrofit of the existing EU helicopter fleet,

are addressed by this Opinion.

2.1.2. RMT.0740 — information on cargo compartment fire protection capabilities

Amendment 109 to ICAO Annex 8, which has been applicable since 3 November 2022, introduced new

SARPs requiring (for large aeroplanes) and recommending (for helicopters and small aeroplanes) that

the information on the elements of the aircraft design associated with cargo compartment fire

protection, and a summary of the demonstrated standards that were considered in the certification

process are made available to the operator.

These SARPs were added to support ICAO Annex 6 Part I Chapter 15 standards for operators to

establish policies and procedures for the transport of items in the cargo compartment, including the

conduct of a safety risk assessment. One element of the assessment is related to the cargo

compartment fire protection capabilities.

The transposition of the ICAO Annex 6 Part I Chapter 15 SARPs introduced with Amendment 44 is

carried out under RMT.0392 ‘Regular update of air operations rules’12. The related NPA (NPA 2022-

1113) was published on 20 December 2022 and the rulemaking process is in progress.

11 EASA Safety Publications Tool (europa.eu) 12 ToR RMT.0392 - Regular update of air operations rules | EASA (europa.eu) 13 NPA 2022-11 ‘Regular update of the Air Operations rules: lessons learnt from standardisation inspections, helicopter

operation issues, and transposition of several ICAO SARPs’ (NPA 2022-11 - Regular update of the Air Operations rules:

European Union Aviation Safety Agency Opinion No 05/2024

2. In summary — why and what

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The purpose of this Opinion is to propose the transposition of the ICAO Annex 8 SARPs introduced

with Amendment 109 into Commission Regulation (EU) 2015/640.

The transposition of the new SARPs is important to maintain the safety of operations of aircraft that

transport dangerous goods in the cargo compartment and to avoid the filing of differences with ICAO

Annex 8.

The below extracts of ICAO Annex 8 are provided for information. New standard in Part IIIB:

‘4.2 Systems design features

Special consideration shall be given to design features that affect the ability of the flight crew to

maintain controlled flight. This shall include at least the following:[…]

g) Cargo compartment protection.[…]

4) For those aeroplanes for which the individual certificate of airworthiness is first issued on or after

1 January 2025, the elements of the aeroplane design associated with cargo compartment fire

protection, and a summary of the demonstrated standards that were considered in the process of

aeroplane certification shall be included in the required aeroplane documentation and made available

to the operator.’

New standard in Part IVB:

‘4.2 Systems design features

Special consideration shall be given to design features that affect the ability of the flight crew to

maintain controlled flight. This shall include at least the following: […]

g) Recommendation.— Cargo compartment protection. As of 7 March 2025, the elements of the

helicopter design associated with cargo compartment fire protection, if applicable, and a summary of

the demonstrated standards that were considered in the process of helicopter certification should be

included in the required helicopter documentation and made available to the operator.’

New standard in Part VB: ‘4.2 Systems design features

Special consideration shall be given to design features that affect the ability of the flight crew to

maintain controlled flight. This shall include at least the following:[…]

g) Cargo compartment protection.[…]

3) Recommendation.— As of 7 March 2025, the elements of the aeroplane design associated with

cargo compartment fire protection, and a summary of the demonstrated standards that were

considered in the process of aeroplane certification should be included in the required aeroplane

documentation and made available to the operator.’

lessons learnt from standardisation inspections, helicopter operation issues, and transposition of several ICAO SARPs | EASA (europa.eu)).

European Union Aviation Safety Agency Opinion No 05/2024

2. In summary — why and what

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2.1.3. Runway overrun awareness and alerting systems

Point 26.205 of Annex I (Part-26) to Regulation (EU) 2025/640 requires operators of large aeroplanes

used in commercial air transport to ensure that every aeroplane for which the first individual

certificate of airworthiness was issued on or after 1 January 2025, is equipped with a runway overrun

awareness and alerting system (ROAAS).

Operators can comply with this requirement when the aeroplane TCHs deliver aeroplanes adequately

equipped with a certified ROAAS.

EASA has been aware of significant difficulties faced by several TCHs such that some of their aeroplane

types will not be equipped on time with a certified ROAAS to allow their operators to comply with the

date specified by point 26.205 of Part-26. In a few cases, the date may be met but with no margin and

a risk of delay is identified. The main reasons invoked by TCHs are:

— COVID-19 pandemic impacts: staff shortage, supply-chain disruptions;

— new and unexpected certification challenges across the industry;

— dependency on avionics supplier lead times;

— industrial limitations;

— time needed for the system to mature;

— late start of the system development for some manufacturers,

— special cases of aeroplane types close to end of production (MOD development not

economically sustainable).

As of January 2024, the following TCHs were the most concerned: Airbus Canada, ATR, Boeing,

Bombardier, Gulfstream, Textron Aviation. In addition, one Embraer type is at risk in case of industrial

delay, and one Dassault type reaches the end of production (last aeroplanes at risk of not being sold

by 31 December 2024).

2.1.4. Conversion of Class D compartments

Commission Implementing Regulation (EU) 2020/1159 inserted in Annex I (Part-26) to Regulation (EU)

2015/640 a new point 26.157. In accordance with that provision, all in-service large aeroplanes

certified by the Agency and used in commercial air transport on or after 26 August 2023 are to comply

with additional airworthiness requirements for the conversion of Class D cargo or baggage

compartments. However, further analysis has shown that for certain type of operations, including

primarily business operations, certain large, low-occupancy aeroplanes present lower risk of an in-

flight fire starting in their Class D cargo or baggage compartment and developing into an

uncontrollable fire. In order to avoid imposing non-proportionate and non-cost-efficient burdens on

their operators, the operators of those aeroplane models therefore need to be exempted from the

obligation to comply with point 26.157.

Commission Implementing Regulation (EU) 2022/1254 replaced Appendix 1 ‘List of aeroplane models

not subject to certain provisions of Annex I (Part-26)’ with a new list, including aeroplane models for

which point 26.157 shall not apply. Further investigations concluded that there are other low-

occupancy large aeroplane models not included in this list, but which could also be involved in

operations (primarily business operations), presenting a lower risk of an in-flight fire starting in their

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Class D cargo or baggage compartment and developing into an uncontrollable fire. In order to avoid

imposing non-proportionate and non-cost-efficient burdens on their operators, the operators of those

aeroplane models therefore need to be also exempted from the obligation to comply with point

26.157.

2.1.5. Clarification of existing requirements and editorial improvements

2.1.6. Scope of Regulation (EU) 2015/640 for operators

The current scope for operators in Article 1(2)(a)(i) of Regulation (EU) 2015/640 does not specify the

exclusion as the case is in Article 2(1)(b)(i) of the Basic Regulation.

While the Basic Regulation applies, there may be a lack of certainty regarding the scope of Regulation

(EU) 2015/640.

2.1.7. Applicability of point 26.370 of Regulation (EU) 2015/640

The provisions on continuing airworthiness of ageing aeroplane structures in point 26.370, introduced

with Regulation (EU) 2020/1159, apply currently to operators or owners, which are required to

prepare the aircraft maintenance programme (AMP) that shall include the elements listed in the point.

The scope of Regulation (EU) 2015/640 covers the operators and design approval holders (DAHs).

Owners are outside the scope.

2.1.8. Editorial improvements

During the review of Regulation (EU) 2015/640 EASA noticed some potential improvements to the

regulatory text that should be considered.

2.2. What we want to achieve — objectives

The overall objectives of the EASA system are defined in Article 1 of the Basic Regulation. This Opinion

will contribute to achieving the overall objectives by addressing the issues described in Section 2.1.

2.2.1. RMT.0710 — crash-resistant fuel systems

The specific objective is to mitigate the risks linked to a post-crash fire involving a helicopter, thus

improving helicopter occupant survivability in the event of a crash. This can be achieved by increasing

the number of helicopters that operate in the European Union with a CRFS installed, thereby reducing

the likelihood of a post-crash fire.

2.2.2. RMT.0740 — information on cargo compartment fire protection capabilities

Many stakeholders within the global aviation community expressed their concern over the fact that

the risks posed by the transport of some specific items in the cargo compartment are not sufficiently

addressed. In particular, the safety capabilities of aircraft systems may not be fully considered for the

transport of some dangerous goods such as lithium batteries. The cargo compartments may not be

designed to contain the consequences of hazards associated with the carriage of such items.

Council Information Note 12100/1/22 REV 1 of 7 September 2022 on the position to be taken on

behalf of the European Union at the International Civil Aviation Organization as regards the

European Union Aviation Safety Agency Opinion No 05/2024

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notification of differences to Annex 8 to the Convention on International Civil Aviation, regarding ICAO

State Letter AN 3/5.14-22/23 on the Adoption of Amendment 109 to Annex 8, indicates that a

difference will exist on 3 November 2022 (applicability date of Amendment 109) between the EU

regulations and the provisions of ICAO Annex 8 Part IIIB Chapter 4 Section 4.2(g)(4) (see extract in

Section 2.1.2).

2.2.3. Runway overrun awareness and alerting systems

The objective is to ensure that the date specified in point 26.205 of Part-26 is realistic and fairly

achievable by large aeroplane TCHs. Ultimately, the risk must be minimised for operators that are

concerned over taking delivery of an aeroplane that is not equipped with a certified ROAAS and hence

over not being able to demonstrate compliance with point 26.205. At the same time, any delay of the

date must not create a significant safety risk increase caused by a late implementation of the ROAAS

requirement on newly produced large aeroplanes.

2.2.4. Conversion of Class D compartments

The objective is to ensure that the requirement that was introduced with point 26.157, to mitigate

the risk of a serious incident or accident caused by a fire that starts in the Class D compartment of a

large aeroplane, is proportionate and cost-efficient.

2.2.5. Clarification of existing requirements and editorial improvements and corrections

The objective is to provide certainty on the application of Regulation (EU) 2015/640 and improve the

current regulatory text in order to resolve the issues identified in Section 2.1.4.

2.3. How we want to achieve it — overview of the proposed amendments

2.3.1. RMT.0710 — crash-resistant fuel systems

Based on the impact assessment (IA) and after consultations with the stakeholders, four options have

been identified. This Opinion proposes to amend Part-26 to require compliance with the CRFS

requirements for:

— newly manufactured helicopters with a compliance date of 2 years after the entry into force to

allow time for kit development;

— in-service helicopters with 6 or more occupants certified after 2 October 1994 with a

compliance date of 7 years after the entry into force. This covers the recent fleet mainly used

for passenger transportation;

— in-service helicopters with 5 or less occupants certified after 2 October 1994 with a compliance

date of 15 years after the entry into force. This covers the recent fleet of small helicopters; and

— helicopters imported from a non-Member State. This prevents importation of non-compliant

helicopters on the EU market.

This stepped approach to the applicability of the amendments to Part-26 will allow for an incremental

improvement in the safety of the EU helicopter fleet, whilst also providing operators and owners with

the time needed to take decisions about the composition of their fleets and to implement the

necessary design changes to ensure compliance. Over time, thanks to the requirement in point 26.440,

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the portion of the EU helicopter fleet that is not compliant with the CRFS requirements should

decrease, thereby reducing the overall risk of an otherwise survivable accident resulting in a post-

crash fire.

2.3.2. RMT.0740 — information on cargo compartment fire protection capabilities

2.3.2.1 Scope

The definitions of large and small aeroplanes differ between ICAO Annex 8 and Annex 6 and the EU

initial airworthiness and air operations rules (e.g. different criteria for weight and operation

categories).

CS-25 applies to turbine-powered large aeroplanes. EASA CS-Definitions (Amendment 2) defines a

large aeroplane as having a maximum take-off weight (MTOW) above 5 700 kg and does not include

the commuter aeroplane category. This category is within the scope of CS-23.

To ensure that there is no gap in the scope, it is proposed to transpose the new standard in Part IIIB

of ICAO Annex 8 for aeroplanes that have a MTOW greater than 5 700 kg and that have CS-25 and

CS-23 or equivalent in their certification basis.

The transposition of that new Part IIIB standard will obviate the need for Member States to file a

difference to the ICAO SARPs.

This Opinion proposes to transpose the recommended practices in Part IVB and Part VB of ICAO

Annex 8 with an applicability to:

— helicopters that have CS-27 and CS-29 or equivalent in their certification basis, and

— aeroplanes that have CS-23 or equivalent in their certification basis with a MTOW of 5 700 kg

or less,

and that are equipped with cargo compartments that are separated from the flight deck.

2.3.2.2 Proportionality

The standard for large aeroplanes (in Part IIIB of ICAO Annex 8) applies to aeroplanes for which the

individual certificate of airworthiness is first issued on or after 1 January 2025. The recommended

practices for helicopters and small aeroplanes (in Part IVB and Part VB of ICAO Annex 8) apply to all

aircraft as of 7 March 2025 without distinguishing between new-design, new-production or in-service

aircraft.

Due to their nature, the Airworthiness Panel (AIRP) of the ICAO Air Navigation Commission (ANC)

developed the recommended practices without considering further their applicability. However, for

the transposition in Regulation (EU) 2015/640 these recommended practices should take the form of

requirements. A direct conversion of the applicability of recommended practices would result in a

wider scope for helicopters and small aeroplanes than for large aeroplanes.

This Opinion proposes to transpose the recommended practices using the same applicability as for

the standard, i.e. applicability to aircraft for which the individual certificate of airworthiness is first

issued on or after 1 January 2025. This implies that the recommended practices are transposed for

new-design and new-production aircraft and not for aircraft already in service.

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In addition, this Opinion proposes to transpose the recommended practices only in the cases of cargo

compartments separated from the flight deck. The benefit for operators to receive the information on

the fire protection capabilities in the case of a cargo compartment located in the flight deck is deemed

very small. Indeed, a fire in a cargo compartment located in the flight deck can be easily detected by

the pilot(s) that will take immediate action to ensure continued safe flight and landing.

2.3.2.3 Applicability

Design approval holders

This Opinion proposes that the new SARPs apply to the following DAHs:

— type-certificate and restricted type-certificate holders; and

— supplemental type-certificate and design change approval holders when a change affects the

cargo compartment fire protection capabilities.

Compared to NPA 2023-105, the applicability is extended to the design change approval holders as

the result of a comment received during the AB consultation.

Applicability date

Due to the applicability date of 1 January 2025, the targeted applicability of the requirements should

be as soon as the amending regulation is adopted (i.e. 20 days following its publication in the Official

Journal of the European Union).

2.3.2.4 Regulatory material

The new SARPs relate to a task that the DAH shall carry out after certification or approval, such that

these SARPs do not need to be transposed into Regulation (EU) No 748/2012, CS-23, CS-25, CS-27 or

CS-29.

Consequently, this Opinion proposes to transpose the new SARPs into Regulation (EU) 2015/640 on

additional airworthiness specifications for a given type of operations.

The proposal concerns the transposition of the SARPs for small and large aeroplanes and small and

large helicopters. Currently, Subpart B of Annex I (Part-26) to Regulation (EU) 2015/640 applies only

to large aeroplanes that have CS-25 or equivalent in their certification basis. This Opinion proposes to

extend the scope of Subpart B to include small aeroplanes that have CS-23 or equivalent in their

certification basis, while ensuring that the existing requirements in Subpart B remain applicable only

to large aeroplanes as it is the case today.

Considering a comment received during the consultation of NPA 2023-105, the proposed regulatory

text ensures that, if a change to the aircraft affects the cargo compartment fire protection capabilities

after the DAH has made available the information, the DAH makes available any change to this

information.

Compared to NPA 2023-105 the reference to the demonstration during the certification is deleted

from point 26.175 and point 26.405 since the requirements relate to the information about the

characteristics of the cargo compartment fire protection capabilities and not about the specifications

with which compliance must be demonstrated.

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Compared to NPA 2023-105 the DAH is not required to provide the information to all operators but to

make it available to all known operators since the DAH may not know all operators and may not

provide the information directly but through means such as a portal.

2.3.3. Runway overrun awareness and alerting systems

It is proposed to amend point 26.205 of Part-26. The current specified date of 1 January 2025 would

be changed to 1 July 2026, thereby providing TCHs with an extra 18 months to develop, obtain

certification, and implement a ROAAS into production.

2.3.4. Conversion of Class D compartments

Following the adoption of Commission Implementing Regulation (EU) 2022/1254, certain operators

and aircraft manufacturers expressed their views and concerns about the applicability of point 26.157

to operators of certain large aeroplanes used in commercial air transport. In their view, the list in

Appendix 1 needed to be further updated to include additional large aeroplane models also

performing business operations, and for which the requirement was also not cost-efficient. EASA

further analysed the impact of point 26.157, in coordination with the parties concerned.

This proposal is the outcome of that analysis.

2.3.5. Clarification of existing requirements and editorial improvements

2.3.5.1 Scope of Regulation (EU) 2015/640 for operators

To ensure certainty on the scope for operators, this Opinion proposes to specify the exclusion as in

Article 2(1)(b)(i) of the Basic Regulation into Article 1(2)(a)(i) of Regulation (EU) 2015/640.

In addition, since the current wording in Article 1(2)(a)(ii) originates from Regulation

(EC) No 1592/2002 (the first Basic Regulation), this Opinion proposes to amend it such that it reflects

the scope in Article 2(1)(b)(ii) of the current Basic Regulation specifying that the aircraft is operated

by an operator having its principal place of business in a Member State. This proposed amendment

does not modify the original scope.

2.3.5.2 Applicability of point 26.370 of Regulation (EU) 2015/640

This Opinion proposes to make point 26.370 applicable only to operators since aircraft owners are not

within the scope of Regulation (EU) 2015/640.

While the operator may not be the organisation in charge of preparing the maintenance programme

of the aircraft they operate, point 26.370 requires that the operators ensure that this maintenance

programme includes the elements listed in that point.

It is proposed to refer generically to the maintenance programme and to delete the reference to

(Part-M) to Regulation (EU) No 1321/2014 since the scope of Part-M does not cover all aircraft

operated by the operators that are within the scope of Regulation (EU) 2015/640.

The title of point 26.370 is replaced to simply refer to the maintenance programme.

Other related requirements in the cover regulation and in Part-26 need to be amended accordingly.

Specific amendments are detailed in Table 1 (see Section 2.3.6).

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2.3.5.3 Editorial improvements and corrections

This Opinion proposes some editorial improvements. The main ones are the deletion of Article 3 due

to redundancy following the amendment of Article 1 through Regulation (EU) 2020/1159, and the

deletion of ‘turbine-powered’ in some requirements due to redundancy as the definition of ‘large

aeroplane’ in Article 2 covers this category of aeroplanes. The editorial improvements are detailed in

Table 1 of Section 2.3.6.

2.3.6. Summary of the proposed amendments and rationale

Table 1 provides an overview of the proposed amendments to Regulation (EU) 2015/640 and the

related rationale. For the proposed regulatory material, see Chapter 4.

Table 1: Proposed amendments and rationale

Proposed amendments related to RMT.0710 (Section 2.3.1)

26.440 This point is added to include the new requirements related to the post-crash fire

protection.

Proposed amendments related to RMT.0740 (Section 2.3.2)

Article 2 In Article 2, point (ba) is added to include the definition of ‘small aeroplane’ for the

purposes of Regulation (EU) 2015/640 for practical reasons to distinguish between

large and small aeroplanes in Subpart B.

The definitions of ‘large aeroplane’, ‘large helicopter’ and ‘small helicopter’ are

amended consistently, and do not refer to the titles of the related CSs.

26.10(b) Point 26.10(b) is amended so that its scope is more generic and to include the

demonstration of compliance with any requirement applicable to those DAHs that

need to show compliance with Part-26.

Subpart B The title is amended to delete ‘large’ such that Subpart B includes types of

aeroplanes other than large aeroplanes (e.g. the newly defined ‘small aeroplanes’).

26.100, 26.156,

26.157, 26.205,

26.300,

26.303 to 26.370

These points of Part-26 are amended to clarify that they apply to large aeroplanes

and to avoid any confusion regarding the scope.

26.175 This point is inserted to include the new standard and recommended practices for

aeroplanes and is placed after point 26.170 related to fire extinguishers (see

Section 2.3.2).

26.405 This point is added to include the new recommended practices for helicopters and

is placed after point 26.400 related to fire extinguishers (see Section 2.3.2).

Runway overrun awareness and alerting systems (Section 2.3.3)

26.205 The date of 1 January 2025 specified in paragraph (a) is replaced by 1 July 2026.

Conversion of Class D compartments (Section 2.3.4)

Appendix 1 The list of aeroplane models not subject to certain provisions of Annex I (Part-26) is

replaced by a new one.

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Clarification of existing requirements (Section 2.3.5)

Article 1(2)(a) In paragraph 2 of Article 1, point (a) is amended for consistency with the Basic

Regulation (see Section 2.3.5.1)

Article 2(g), (i), (j), (m)

and (n)

The definitions in Article 2(g), (i), (j), (m) and (n) are improved to add the missing

DAHs as specified in Part-26.

26.30 Point 26.30 is improved and clarifies to whom the changes to the instructions for

continued airworthiness (ICA) are to be made available.

26.306(c), 26.306(e),

26.307(d),

26.309(a)(ii),

26.330(a), 26.332(b),

26.332(c), 26.334(a)

These points are amended to clarify to whom the DAH shall make the information

available when referring to points 26.330 and 26.370

26.370 Point 26.370 is made applicable to operators only and requires them to ensure that

the maintenance programme includes the elements listed in that point.

The reference to Annex I (Part-M) to Regulation (EU) No 1321/2014 is deleted since

the scope of that Part does not cover all aircraft operated by the operators that are

within the scope of Regulation (EU) 2015/640. The reference to the maintenance

programme is generic and the title of point 26.370 is replaced to simply refer to the

maintenance programme.

Editorial improvements (Section 2.3.5)

Article 3 Editorial improvement — deletion of Article 3 for consistency

It is proposed to delete Article 3 since it is redundant with Article 1.

Article 3, which specifies the scope of Regulation (EU) 2015/640 for operators,

refers to Article 1 from the initial issue of that regulation, in which the scope of the

regulation was limited to the aircraft registered in a Member State or in a third

country and used by an operator for which a Member State ensures oversight.

Article 1 was amended with Regulation (EU) 2020/1159 to specify that the

regulation applies to the operators of those aircraft such that Article 3 became

redundant with Article 1(2)(a). However, Article 3 was not deleted with Regulation

(EU) 2020/1159.

The current proposed amendment to Article 1(2)(a)(ii) does not modify the original

scope.

Article 1(2)(c)

26.300, 26.301,

26.302, 26.303,

26.304, 26.305,

26.306, 26.307,

26.308, 26.309,

26.370

Editorial improvement – deletion of ‘turbine-powered’

It is proposed to delete ‘turbine-powered’ in those requirements related to large

aeroplanes where this term occurs due to redundancy given the definition of ‘large

aeroplane’. ‘Large aeroplane’ is defined in Article 2 as being an aeroplane that has

CS-25 or equivalent in its certification basis, and CS-25 applies to turbine-powered

large aeroplanes.

26.10(a) Competent authority for the operators

The current point 26.10(a) relates to the competent authority designated by the

Member State in which the operator has its principal place of business. Since the

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competent authority is specified for each operation category in Regulation (EU) No

965/2012, it is proposed to amend point 26.10(a) to directly refer to that regulation.

This ensures consistency with Regulation (EU) No 965/2012 for any potential

operation. The reference to the Agency is added to cover the case where the

responsibility of the oversight has been allocated to the Agency in accordance with

Article 64 or 65 of Regulation (EU) 2018/1139.

26.330, 26.331,

26.332, 26.333,

26.334

Editorial improvement — major change approval

In point 26.330(a), ‘for major changes’ is deleted since a supplemental type

certificate is for major changes (redundancy).

Points 26.331 to 26.334 are amended to specify and clarify that the requirements

apply to the holders referred to in point 26.330(a).

The title of point 26.330 is improved and the title of point 26.334 is improved for consistency with point 26.330.

2.3.7. Legal basis

The legal basis for amending Regulation (EU) 2015/640 is Article 17(1)(h) of the Basic Regulation.

2.4. What are the stakeholders’ views

2.4.1. RMT.0710 — crash-resistant fuel systems

Stakeholders were involved in the development of the requirement. An initial set of options was

proposed in NPA 2022-10, which was published on 11 November 2022. Throughout the consultation

period, EASA received a total of 117 comments, reflecting a range of perspectives, including some

controversial positions. To address these, a webinar was held on 29 June 2023, engaging stakeholders

in a comprehensive discussion about the situation.

A workshop took place on 9 September 2023. Various options were discussed in depth. However,

comments persisted about the time frame needed for kit development and the impact on older

aircraft.

Taking into account the outcome, new proposals were then developed. These include an extended

time frame of 2 years for kit development for newly produced helicopters and exempting aircraft

certified before 1994 from the requirements. To share these updated options, a new event was

organised on 13 November 2023 with the stakeholders where industry representatives and national

competent authorities agreed on the new proposals.

2.4.2. RMT.0740 — information on cargo compartment fire protection capabilities

Stakeholders were involved in the development of the new SARPs within the AIRP of the ICAO ANC.

The manufacturers involved were mainly those of large aeroplanes. They indicated that the inclusion

of the information in the aircraft flight manual would be too stringent, and that they would prefer

having the choice of the appropriate documentation.

During the focused consultation of NPA 2023-105, EASA received 7 comments from 4 representatives

of the MAB, 7 comments from 3 representatives of the Stakeholder Advisory Body (SAB) and

1 comment from the Commission.

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Nearly two third of the comments (60 %) were accepted, partially accepted or noted. From these

comments, 7 comments relate to the proposal under RMT.0740 and 2 comments relate to existing

regulatory text, as listed below.

RMT.0740-related comments:

— 3 comments support the proposal;

— 1 comment relates to the clarification of the scope (see Section 2.3.2);

— 1 comment relates to the confirmation of the link between the proposed requirements and

Regulation (EU) No 965/2012 and NPA 2022-11;

— 1 comment for clarification will result in a change to CS-26 to specify the link with the

requirements in point 26.175;

— 1 comment relating to any subsequent changes after the information was provided to the

operators results in changes in the regulatory text (see Section 2.3.2).

Non-RMT.0740-related comments:

— 1 comment on the clarification of the scope of Regulation (EU) 2015/640 for operators results

in proposed amendments in line with the Basic Regulation (see Section 2.3.5);

— 1 comment on the clarification of the applicability of the aircraft maintenance programme

requirements in point 26.370 results in proposed amendments in line with the scope of

Regulation (EU) 2015/640 (see Section 2.3.5).

The rest of the comments (40 %) were not accepted. These comments and the related EASA responses

are summarised in Table 2.

Table 2

Commented topics EASA responses

Proposal to add a reference in point 26.175 to

points in Annex I (Part 21) of Regulation

(EU) No 748/2012 related to operational

suitability data (OSD)

OSD does not include the information requested in point

26.175

Proposal to create a specific subpart for small

aeroplanes

The proposed approach to extend the scope of

Subpart B to small aeroplanes is consistent with the

approach chosen for Subpart C for helicopters (for which

the scope was extended to small helicopters with

Regulation (EU) 2022/1254). In addition, some

provisions may apply to both small and large aeroplanes.

Question on the applicability of the requirements

to ELA 1 and ELA 2 and proposal to require

alternatives such as prohibitive markings

A representative of general aviation was involved in the

AIRP discussions, although they focused on large

aeroplanes. EASA assessed the impact of the SARPs

implementation on small aircraft and concluded that

applying the requirement in the case of a cargo

compartment separated from the flight deck reduces the

impact of the requirement on those aircraft since most

of the cargo compartments are inside the flight deck.

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In addition, a prohibitive placard would require that the

DAH does the risk assessment to determine what shall

be prohibited.

Proposal to remove the requirements for

helicopters, for the following reasons:

— there are no SARPs in ICAO Annex 6 Part III

similar to those in Part I Chapter 15;

— the operational capability of helicopters to

perform emergency landings in a shorter time

than aeroplanes would likely lead to a risk

assessment determining an acceptable risk

level;

— there are no certification requirements in

place for fire suppression systems;

helicopters mostly operate with cargo

compartments fitted with a detection system

to enable the crew to perform emergency

procedures and ensure a continued safe flight

and landing.

The fire protection certification specifications are not

limited to detection systems. For example, cargo only

helicopters must be equipped with a means to shut off

the ventilating airflow to or within the compartment,

among other requirements. In addition, a manufacturer

may equip a helicopter with a built-in fire extinguishing

system (some CS provisions exist about that, see CS

29.851(b)).

All pertinent and useful information must be made

available to the operator to support the required risk

assessment in ORO.GEN.200(a)(3), which applies also to

helicopters.

The level of detail requested goes beyond what is

required in ICAO Annex 8. Some data may be

proprietary.

The details are provided in the GM as examples; they are

not required. In Part-26, the required information is

related to what is necessary for the risk assessment.

CS-26 relates to what has been certified. This is in line

with the SARPs in ICAO Annex 8. The DAHs are not

supposed to make available proprietary data.

2.4.3. Runway overrun awareness and alerting systems

The TCHs that are facing industrial difficulties requested to postpone the date of applicability specified

in point 26.205. The new date, 1 July 2026, proposed in this Opinion should allow all — except one —

TCHs to deliver ROAAS-equipped aeroplanes from this date. Therefore, most of the stakeholders (TCHs

and operators concerned) agree with this proposal. EASA is working with the single TCH that has not

yet been able to provide a certification plan allowing to meet the new proposed deadline (1 July 2026).

MAB advice was sought on the draft regulation in accordance with Management Board Decision N°01-

2022 Article 6(9). No substantial divergent views were expressed. DGAC France reminded that the

ICAO Annex 6 point 6.26.1 provisions enforce the ROAAS for ‘All turbine-engined aeroplanes of a

maximum certificated take-off mass in excess of 5 700 kg, for which the individual certificate of

airworthiness is first issued on or after 1 January 2026’ and asked what EASA intends to do regarding

the difference between Annex 6 and Part-26. EASA will inform ICAO of the proposed postponement

of the Part-26 applicability date and invite them to consider amending Annex 6 as well. A notification

of difference will be made to ICAO as necessary.

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2.4.4. Conversion of Class D compartments

Following the adoption of Implementing Regulation (EU) 2022/1254, certain operators and aircraft

manufacturers, expressed their views and concerns about the applicability of point 26.157 to

operators of certain large aeroplanes used in commercial air transport. In their view, the list in

Appendix 1 needed to be further updated to include additional large aeroplane models also

performing business operations, and for which the requirement was not cost-efficient. This proposal

addresses those concerns.

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3. What are the expected benefits and drawbacks of the regulatory material

3.1. RMT.0710 — crash-resistant fuel systems

The expected benefits of the proposed regulatory material are the following:

— a significant reduction in the likelihood of a post-crash fire in Europe in the event of a survivable

helicopter accident;

— a reduction in the number of fatalities in Europe due to thermal injuries caused by a post-crash

fire;

— harmonisation of the safety levels of newly produced helicopters between the EASA MSs and

the USA; and

— reduced risk and exposure to potential litigation against operators in the event of a post-crash

fire in an otherwise survivable helicopter accident.

The expected drawbacks of the proposed amendments are the following:

— additional costs of developing and installing the necessary design changes for the retrofit of the

existing EU helicopter types that are currently not compliant with the CRFS requirements;

— additional operating costs due to the additional weight of a fuel system that is compliant with

the CRFS requirements (when compared to the non-compliant helicopter design14), including a

reduction in range, a reduction in payload or an increase in fuel consumption; and

— for a limited number of helicopter types, there could be a need for operators to replace a

non-compliant helicopter if the OEM does not offer design changes to make the helicopter type

compliant with the CRFS requirements.

3.2. RMT.0740 — information on cargo compartment fire protection capabilities

For the transposition of the ICAO Annex 8 SARPs, there are no options alternative to rulemaking.

The issue as well as the new SARPs were assessed by ICAO. The impact assessment is summarised in

Table3.

Table 3: Impacts

Impact Rationale

Safety Positive The transposition of the new SARPs allows

operators to conduct a valid risk assessment for the

transport of specific items in the cargo

compartment and contributes to the safety of

operations.

Security None

Environment None

14 In this comparison, an equivalent compliant rotorcraft design (when initially certified after 1994) is not compared to a

rotorcraft design that is required to be compliant through an amendment to Part 26.

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Efficiency None

Cost for the

Agency

Negligible One-off cost for the implementation of the

provisions within the EU regulatory framework

Cost for

Member States

None

Cost for

Industry

Negligible The information on the cargo compartment fire

protection capabilities is already developed during

the certification process. Minimal cost may be

incurred for TCHs that do not yet provide

information to operators, as they will have to

generate the required documentation.

The safety benefit of the proposal outweighs the negligible cost impact.

EASA agrees with this conclusion and does not see the need to complement the ICAO impact

assessment.

3.3. Runway overrun awareness and alerting systems

The proposed amendment of point 26.205 will provide a more realistic applicability date that

considers the industrial difficulties faced by several TCHs.

The new proposed date will prevent various operators concerned from not being able to comply with

point 26.205 when taking delivery of an aeroplane that is not equipped with a certified ROAAS. This

will hence also prevent such operators from having to request exemptions to Member State

responsible authorities (Regulation (EU) 2018/1139, Article 71 ‘Flexibility provisions’) and being

exposed to the risk of negative decisions to these requests and the corresponding financial load if they

have to cancel orders and/or purchase/lease replacement aeroplanes. This situation could also create

a non-level playing field between EU and non-EU operators.

The new date should be met by all TCHs with one exception identified at the time of issuing this

Opinion, and EASA is working with this TCH to reach an acceptable certification plan consistent with

the new proposed applicability date.

In terms of safety impact, the delay in the implementation of the ROAAS on some newly produced

aeroplanes will result in a postponement of the safety benefit as foreseen by the impact assessment

(IA) presented in NPA 2018-12. This IA estimated the following safety benefits during the first 2 years

of implementation of the ROAAS in production (including new type certification):

Accidents Fatalities Injuries

First year 0.1 0.1 0.6

Second year 0.2 0.1 1.1

Considering that the two major types in terms of fleet size and number of flights used for commercial

air transport (the Airbus A320 family and the Boeing 737) are not concerned by the delay, it can be

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concluded that only a small portion of the above safety benefits will be gained later than expected.

This drawback is deemed acceptable by EASA and balanced by the above-described benefits.

3.4. Conversion of Class D compartments

The proposal is expected to provide for a level playing field and equally avoid imposing non-

proportionate and non-cost-efficient burdens on operators of certain large aeroplanes (business

aeroplanes).

European Union Aviation Safety Agency Opinion No 05/2024

4. Proposed regulatory material

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4. Proposed regulatory material

The proposed regulatory material is presented as annexes to this Opinion.

European Union Aviation Safety Agency Opinion No 05/2024

5. Monitoring and evaluation

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5. Monitoring and evaluation

5.1. RMT.0710 — crash-resistant fuel systems

The monitoring of the effects of the proposed requirement in Part-26 will include the following:

(a) experience gathered by EASA through the requests for the certification of design changes that

enable helicopter designs to comply with the CRFS requirement;

(b) monitoring the number of post-crash fires and fatalities involving helicopters that are designed

for 5 or more occupants after the applicability date of the amended regulation to determine

whether that number has been reduced; and

(c) monitoring the number of post-crash fires and fatalities involving helicopters that are designed

for 4 or less occupants after the applicability date of the amended regulation to determine

whether that number has been reduced.

Item (a) depends on the applications that will be received by EASA after the amendments of Part-26.

A review may be conducted no sooner than 5 years after the applicability date of the amendments.

Items (b) and (c) constitute an ongoing review. However, a more detailed review may be conducted

no sooner than 5 years after the applicability date of the requirement to establish whether there is a

positive trend in the reduction of post-crash fires and fatalities.

5.2. RMT.0740 — information on cargo compartment fire protection capabilities

No specific monitoring or evaluation of the proposed amendments is foreseen.

5.3. Runway overrun awareness and alerting systems

EASA will monitor the large aeroplane TCHs ROAAS implementation activities so as to ensure that the

new point 26.205 deadline is complied with.

5.4. Conversion of Class D compartments

The monitoring of the effects brought about by the proposed amendments to Part-26 / CS-26 will

include monitoring the trend in the numbers of accidents and incidents caused by in-flight fire in large

aeroplane Class D compartments after the end of the transition period.

European Union Aviation Safety Agency Opinion No 05/2024

6. Proposed actions to support implementation

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6. Proposed actions to support implementation

6.1. RMT.0710 — crash-resistant fuel systems

No specific action to support the implementation of the proposed amendments is foreseen.

6.2. RMT.0740 — information on cargo compartment fire protection capabilities

No specific action to support the implementation of the proposed amendments is foreseen.

6.3. Runway overrun awareness and alerting systems

No specific action to support the implementation of the proposed amendment is foreseen.

6.4. Conversion of Class D compartments

No specific action to support the implementation of the proposed amendments is foreseen.

European Union Aviation Safety Agency Opinion No 05/2024

7. References

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7. References

7.1. RMT.0710 — crash-resistant fuel systems

— ARAC Rotorcraft Occupant Protection Working Group (ROPWG) Task 5 ‘Crash Resistant Fuel

Systems (CRFS) Final analysis report to the ARAC’, submitted on 15 March 2018

— ARAC Rotorcraft Occupant Protection Working Group (ROPWG) Task 6 ‘Final Analysis Report to

the ARAC’, revised on 27 September 2018

— ARAC Rotorcraft Occupant Protection Working Group (ROPWG) Task 5 ‘Crash Resistant Seats

and Structure (CRSS) Final Analysis Report to the ARAC’, submitted on 29 January 2018

7.2. RMT.0740 — information on cargo compartment fire protection capabilities

— Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on

common rules in the field of civil aviation and establishing a European Union Aviation Safety

Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010,

(EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and

of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the

European Parliament and of the Council and Council Regulation (EEC) No 3922/91

— ICAO Doc 10102 Guidance for Safe Operations Involving Aeroplane Cargo Compartments, First

Edition, 2020

— Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical

requirements and administrative procedures related to air operations pursuant to Regulation

(EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1)