Commission Implementing Regulation (EU) 2019/133 of 28 January 2019 amending Regulation (EU) 2015/640 as regards the introduction of new additional airworthiness specifications

Article 1

Regulation (EU) 2015/640 is amended as follows: (1) Article 2 is amended as follows: (a) point (b) is 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;’ (b) the following points (c) and (d) are added: ‘(c) “large helicopter” means a helicopter that has the Certification Specifications for large rotorcraft “CS-29” or equivalent in its certification basis; (d) “low-occupancy aeroplane” means an aeroplane that has a maximum operational passenger seating configuration of: (1) up to and including 19 seats, or; (2) up to and including one third of the maximum passenger seating capacity of the type-certified aeroplane, as indicated in the aeroplane type-certificate data sheet (TCDS), provided that both of the following conditions are met: (a) the total number of passenger seats approved for occupancy during taxiing, take-off or landing does not exceed 100 per deck; (b) the maximum operational passenger seating configuration during taxiing, take-off or landing in any individual zone between pairs of emergency exits (or any dead-end zone) does not exceed one third of the sum of the passenger seat allowances for the emergency exit pairs bounding that zone (using the passenger seat allowance for each emergency exit pairs as defined by the applicable certification basis of the aeroplane). For the purpose of determining compliance with this zonal limitation, in the case of an aeroplane that has deactivated emergency exits, it shall be assumed that all emergency exits are functional.’ (2) Annex I (Part-26) is amended in accordance with Annex to this Regulation.

Entry into force and application

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 .

ANNEXSupplementary provisions

ANNEX Annex I is amended as follows: (1) the table of content 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 — LARGE AEROPLANES 26.50 Seats, berths, safety belts, and harnesses 26.60 Emergency landing — dynamic conditions 26.100 Location of emergency exits 26.105 Emergency exit access 26.110 Emergency exit markings 26.120 Interior emergency lighting and emergency light operation 26.150 Compartment interiors 26.155 Flammability of cargo compartment liners 26.156 Termal or accoustic insulation materials 26.160 Lavatory fire protection 26.170 Fire extinguishers 26.200 Landing gear aural warning 26.250 Flight crew compartment door operating systems — single incapacitation SUBPART C — LARGE HELICOPTERS 26.400 Fire extinguishers’; (2) the following point 26.60 is inserted: ‘ 26.60 Emergency landing — dynamic conditions Operators of large aeroplanes used in commercial air transport of passengers, type-certified on or after 1 January 1958, and for which the individual certificate of airworthiness is first issued on or after 18 February 2021 shall demonstrate for each seat type design approved for occupancy during taxiing, take-off or landing that the occupant is protected when exposed to loads resulting from emergency landing conditions. The demonstration shall be made by one of the following means: (a) successfully completed dynamic tests; (b) rational analysis providing equivalent safety, based on dynamic tests of a similar seat type design. The obligation set out in the first paragraph shall not apply to the following seats: (a) flight deck crew seats, (b) seats in low-occupancy aeroplanes involved only in on-demand non-scheduled commercial air transport operations.’; (3) the following point 26.156 is inserted: ‘ 26.156 Thermal or acoustic insulation materials Operators of large aeroplanes used in commercial air transport, type certified on or after 1 January 1958, shall ensure that: (a) for aeroplanes for which the first individual certificate of airworthiness is 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 aeroplanes for which the first individual certificate of airworthiness is 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 aeroplanes for which the first individual certificate of airworthiness is 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 a time needed to evacuate the aeroplane.’; (4) the following point 26.170 is inserted: ‘ 26.170 Fire extinguishers Operators of large aeroplanes shall ensure that the following extinguishers do not use halon as an extinguishing agent: (a) built-in fire extinguishers for each lavatory waste receptacle for towels, paper or waste in large aeroplanes for which the first individual certificate of airworthiness is issued on or after 18 February 2020; (b) portable fire extinguishers in large aeroplanes for which the first individual certificate of airworthiness is issued on or after 18 May 2019.’; (5) the following Subpart C is added: ‘ SUBPART C — LARGE HELICOPTERS 26.400 Fire extinguishers Operators of large helicopters shall ensure that the following extinguishers do not use halon as an extinguishing agent: (a) built-in fire extinguishers for each lavatory waste receptacle for towels, paper or waste in large helicopters for which the individual certificate of airworthiness is first issued on or after 18 February 2020; (b) portable fire extinguishers in large helicopters for which the individual certificate of airworthiness is first issued on or after 18 May 2019.’