Nařízení Komise (EU) 2015/640 ze dne 23. dubna 2015 o dodatečných specifikacích letové způsobilosti pro daný druh provozu a o změně nařízení (EU) č. 965/2012

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/ECOJ L 79, 19.3.2008, p. 1 . , and in particular Article 5(5)(e)(vi) thereof,

This Regulation lays down common additional airworthiness specifications in order to support the continuing airworthiness and safety improvements of:

(a) aircraft registered in a Member State;

(b) aircraft registered in a third country and used by an operator for which a Member State ensures oversight.

OJ L 79, 19.3.2008, p. 1 .

(1) Pursuant to Regulation (EC) No 216/2008, the Commission, assisted by the European Aviation Safety Agency (hereinafter referred to as the Agency) is to adopt the necessary implementing rules for common airworthiness requirements throughout the Union.

(2) Those requirements, covering the entire life cycle of aeronautical products, include additional airworthiness specifications for a given type of operation to be implemented after the initial issuance of a type-certificate in the interest of safety.

(3) The technical requirements of JAR-26 Additional Airworthiness Requirements for Operations, issued by the Joint Aviation Authorities (JAA) on 13 July 1998 , as amended by the Amendment 3 of 1 December 2005 , should be laid down in Union law, because the JAA ceased to exist on 30 June 2009 and the scope of Regulation (EC) No 216/2008 was extended on 20 February 2008 to include operations.

(4) In order to ensure consistency and to clarify obligations related to airworthiness, a reference to this Regulation should be inserted in Commission Regulation (EU) No 965/2012Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down 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 ). .

(5) In order to ensure a smooth transition and to avoid disruptions, appropriate transitional measures should be provided for.

(6) The measures provided for in this Regulation are based on the opinion issued by the Agency in accordance with Articles 19(1) of Regulation (EC) No 216/2008.

(7) The measures provided for in this Regulation are in accordance with the opinion of the European Aviation Safety Agency Committee established by Article 65 of Regulation (EC) No 216/2008,

For the purposes of this Regulation,

(a) maximum operational passenger seating configuration shall mean the maximum passenger seating capacity of an individual aircraft, excluding crew seats, established for operational purposes and specified in the operations manual.

(b) large aeroplane shall mean an aeroplane that has the Certification Specifications for large aeroplanes CS-25 or equivalent in its certification basis.

Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down 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 ).

Article 1 Article 1 Scope

Article 2 Article 2 Definitions

Article 3 Article 3 Additional airworthiness specifications for a given type of operation

Article 4 Article 4 Amendment to Regulation (EU) No 965/2012

Article 5 Article 5 Transitional provisions

Article 6 Article 6 Entry into force and application

Operators for which a Member State ensures oversight shall, when operating the aircraft referred to in Article 1, comply with the provisions of Annex I.

Annex III to Regulation (EU) No 965/2012 is amended in accordance with Annex II to this Regulation, in order to contain a reference to this Regulation.

Aircraft for which operators demonstrated to their competent authority compliance with JAR-26 Additional Airworthiness Requirements for Operations (hereinafter JAR-26 requirements), issued by the Joint Aviation Authorities on 13 July 1998 , as amended by the Amendment 3 of 1 December 2005 , before the dates of application referred to in Article 6 shall be deemed to comply with the equivalent specifications set out in Annex I to this Regulation.

Aircraft for which compliance with the JAR-26 requirements equivalent to the specifications set out in points 26.50, 26.105, 26.110, 26.120, 26.150, 26.155, 26.160, 26.200, 26.250 of Annex I to this Regulation has been demonstrated in accordance with the first subparagraph shall subsequently not be modified in a way that would affect its compliance with the JAR-26 requirements concerned.

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

It shall apply from 14 May 2015 .

However, points 26.50, 26.105, 26.110, 26.120, 26.150, 26.155, 26.160, 26.200 and 26.250 of Annex I shall apply from 14 May 2017 .

HAS ADOPTED THIS REGULATION: