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Document 32020R1159
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
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
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
C/2020/5277
OJ L 257, 6.8.2020, p. 14–28
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
6.8.2020 |
EN |
Official Journal of the European Union |
L 257/14 |
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
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 point (h) of Article 17(1) thereof,
Whereas:
(1) |
Pursuant to Article 76(3) of Regulation (EU) 2018/1139, the European Union Aviation Safety Agency (the ‘Agency’) issues certification specifications (‘CS’) and regularly updates them. However, an aircraft, the design of which has already been certified, is not required to comply with an updated version of CS when it is produced or while in service. Therefore, in order to maintain a high level of aviation safety and environmental requirements in the Union, compliance of such aircraft with additional airworthiness requirements that were not included in the initial CS at the time of certification of design should be introduced. Commission Regulation (EU) 2015/640 (2) sets out such additional airworthiness requirements. That Regulation should now be amended to add new requirements on ageing aircraft. |
(2) |
In 2007, the Agency issued Acceptable Means of Compliance (AMC) 20-20 which provide technical guidance for developing a continuing structural integrity programme aiming at ensuring safe operation of ageing aircraft throughout their operational life. Due to the non-binding nature of the AMC, the application of that guidance may not be consistent throughout the Union. In consequence, there may be currently large aircraft in operation which were designed, modified or repaired without effectively addressing damage tolerance evaluations, widespread fatigue damage and corrosion prevention. With the objective of preventing catastrophic failures due to fatigue, including widespread fatigue and corrosion, additional airworthiness requirements on ageing aircraft should be introduced in Regulation (EU) 2015/640. |
(3) |
Any aircraft could be considered to be ageing from the moment of its manufacture. The ageing of an aircraft depends on such factors as age, the number of flight cycles and the number of flight hours. Individual aircraft components age differently and some of the ageing factors are fatigue through repetitive cycles, wear, deterioration and corrosion. Those factors could cause significant safety concern if they are not properly managed throughout the life of the aircraft. Service experience has shown that there is a need to continually update knowledge about the structural integrity of ageing aircraft. Therefore, new requirements to keep up to date knowledge about ageing factors on the basis of real-time operational experience and with the use of modern tools of analysis and testing should be introduced in Regulation (EU) 2015/640. |
(4) |
Those requirements on ageing aircraft should ensure that design approval holders produce the data and follow procedures, instructions and manuals necessary to prevent ageing structure failures due to corrosion and fatigue and make them available to operators. In order to achieve this, design approval holders should be required to develop a comprehensive continuing structural integrity programme for the aircraft type and to evaluate existing changes and repair designs for damage tolerance. At the same time, operators should be required to incorporate into their maintenance programme those data whilst addressing the adverse effects of changes and repairs on each airframe and its associated maintenance requirements. |
(5) |
In order to ensure that those data, procedures, instructions and manuals produced on the basis of those new requirements are also used when maintaining large aeroplanes, point M.A.302 of Annex I to Commission Regulation (EU) No 1321/2014 (3) needs to refer to the requirements introduced in Part-26 of Annex I to Regulation (EU) 2015/640. |
(6) |
Several hundred large aeroplanes fitted with Class D cargo or baggage compartments are currently registered in Member States. The risk of uncontrollable fires in this type of compartment is considered high, in particular considering that the carriage of lithium batteries in cargo or baggage compartments has increased over recent years, together with the identified risk of thermal runaways and the subsequent fires related to those batteries. |
(7) |
In September 2007 the Agency had introduced new design standards eliminating Class D cargo and baggage compartments from the certification specifications for large aeroplanes. Those standards were aimed at mitigating the risk of injuries or fatalities in the event of an in-flight fire in the cargo or baggage compartment, but they only apply to large aeroplanes certified on the basis of requests made after September 2007. Considering that certain large aeroplanes might not comply with those standards and having due regard to the nature and risk of operations with large aeroplanes, those standards should now apply to all in service large aeroplanes certified by the Agency. |
(8) |
For the last few decades, runway excursions have been major contributors to accidents worldwide and a significant risk to aviation safety. The EASA Annual Safety Review 2018 identifies runway excursions as one of the two highest key risk areas. Furthermore, runway excursions accounted for 30 % of the non-fatal accidents over the same period and for the same population. The number of occurrences of runway excursions during landings has increased in line with the growth in traffic. As aviation traffic is expected to continue to grow worldwide, as well as in Europe, the number of runway excursions can also be expected to increase further if no action is taken. |
(9) |
In January 2020 the Agency has introduced new design standards for the installation of systems supporting flight crews in their decision-making during approach and landing. Those standards are aimed at mitigating the risk of runway excursions during landing. Having due regard to the nature and risk of operations with large aeroplanes those new standards should apply now to all in service large aeroplanes certified by the Agency. |
(10) |
Commission Regulations (EU) No 1321/2014 and (EU) No 2015/640 should therefore be amended accordingly. In consideration of the ongoing COVID-19 outbreak, a transition period has been included to avoid additional burden to the industry during this crisis and to facilitate the compliance with the new rules and procedures introduced by this Regulation. |
(11) |
The measures provided for in this Regulation are based on opinion No 12/2016 (4) and opinion 04/2019 (5) issued by the Agency in accordance with Article 76(1) of Regulation (EU) 2018/1139. |
(12) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 127(3) of Regulation (EU) 2018/1139, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I (Part-M) to Regulation (EU) No 1321/2014 is amended in accordance with Annex I to this Regulation.
Article 2
Regulation (EU) 2015/640 is amended as follows
(1) |
Article 1 is replaced by the following: ‘Article 1 Subject matter and scope 1. This Regulation lays down common additional airworthiness specifications related to the continuing airworthiness and safety improvements of aircraft. 2. This Regulation applies to:
(*) 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).’;" |
(2) |
In Article 2, the following points (e) to (o) are added:
|
(3) |
Annex I (Part-26) is amended in accordance with Annex II to this Regulation. |
Article 3
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 26 February 2021 with the exception of point (4) of Annex II that shall apply from 26 August 2023.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 August 2020.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 212, 22.8.2018, p. 1.
(2) Commission Regulation (EU) 2015/640 of 23 April 2015 on additional airworthiness specifications for a given type of operations and amending Regulation (EU) No 965/2012 (OJ L 106, 24.4.2015, p. 18).
(3) Commission 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).
(4) Opinion 12/2016: Ageing aircraft structures.
(5) Opinion 04/2019: Reduction of runway excursions and Class D compartments
ANNEX I
In point M.A.302(d) of Annex I (Part-M) to Regulation (EU) No 1321/2014, the following point (3) is added:
‘(3) |
the applicable provisions of Annex I (Part-26) to Regulation (EU) 2015/640.’. |
ANNEX II
Annex I (Part-26) to Regulation (EU) 2015/640 is amended as follows:
(1) |
the Table of contents is replaced by the following: ‘ANNEX I Part-26 ADDITIONAL AIRWORTHINESS SPECIFICATIONS FOR OPERATIONS CONTENTS SUBPART A – GENERAL PROVISIONS
SUBPART B – LARGE AEROPLANES
SUBPART C – LARGE HELICOPTERS
Appendix I – List of aeroplane models not subject to certain provisions of Annex I (Part-26) |
(2) |
point 26.10 is replaced by the following: ‘26.10 Competent authority
|
(3) |
point 26.30 is amended as follows:
|
(4) |
the following point 26.157 is inserted: ‘26.157 Conversion of Class D compartments Operators of large aeroplanes used in commercial air transport, type certified on or after 1 January 1958 shall ensure that:
|
(5) |
the following point 26.205 is inserted: ‘26.205 Runway overrun awareness and alerting systems
|
(6) |
the following points 26.300, 26.301, 26.302, 26.303, 26.304, 26.305, 26.306, 26.307, 26.308, 26.309, 26.330, 26.331, 26.332, 26.333, 26.334 and 26.370 are inserted: ‘26.300 Continuing structural integrity programme for ageing aeroplanes structures – general requirements
26.301 Compliance Plan for (R)TC holders
26.302 Fatigue and damage tolerance evaluation
26.303 Limit of Validity
26.304 Corrosion prevention and control programme
26.305 Validity of the continuing structural integrity programme
26.306 Fatigue critical baseline structure
26.307 Damage tolerance data for existing changes to fatigue-critical structure
26.308 Damage tolerance data for existing repairs to fatigue-critical structure
26.309 Repair evaluation guidelines
26.330 Damage tolerance data for existing supplemental type-certificates (STCs), other existing major changes and existing repairs affecting those changes or STCs
26.331 Compliance Plan for STC holders A holder of a change approval shall:
26.332 Identification of changes affecting fatigue critical structure
26.333 Damage tolerance data for STCs and repairs to those STCs approved on or after 1 September 2003
26.334 Damage tolerance data for STCs and other changes and repairs to those changes approved before 1 September 2003
26.370 Continuing airworthiness tasks and aircraft maintenance programme
(*) 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)." (**) 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).’;" |
(7) |
the following Appendix 1 is added: ‘Appendix 1 List of aeroplane models not subject to certain provisions of Annex I (Part-26) Table A.1
|
(*) 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).
(**) 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).’;’