CS 26 Introduction & Purpose – Review by Sofema Aviation Services (SAS) www.sassofia.com
Introduction – The Operator is Responsible for Compliance
Reference – GM2 26.1 Demonstration of Compliance – ED Decision 2019/006/R
Part 26 is based on JAR 26
- The initial issue of Part-26 reflects existing JAR-26 requirements.
- The operators will be responsible for showing compliance.
- In most cases, this can be done by referring to the certification basis of the aircraft or the approved changes in which the amendment level of the certification specification will indicate compliance.
In any case, the JAR-26 requirements should have been implemented already by EU operators and since the CS-26 text is equivalent to the JAR-26 text, compliance with JAR-26 means also compliance with Part-26.
- See also Article 5 of the Commission Regulation (EU) 2015/640 In the rare case where the above possibilities are not sufficient, showing compliance by the operator directly to the NAA will be difficult.
- They will need to involve the design approval holder of the aircraft or the approved change as relevant.
- This design approval holder should then apply to the EASA for certification that the design complies with the relevant CS-26 or CS-25 paragraph, special condition, or equivalent safety case.
- With that approval information, the operator can show compliance to the NAA.
Regulatory Showing – Competent Authority (CA) or EASA?
26.10 Competent Authority Regulation (EU) 2020/1159 (applicable from 26.2.2021)
- For Certified Designs
o For the purposes of this Annex, the competent authority to which operators need to demonstrate compliance of aircraft, the design of which has already been certified, with the requirements of this Annex shall be the authority designated by the Member State in which the operator has its principal place of business.
- Related to TC Restricted TC – STC Changes & Repairs
o For the purposes of this Annex, the competent authority to which holders of type-certificates (TC), restricted TC, supplemental type-certificates (STC), changes, and repair design approvals need to demonstrate compliance of the existing type-certificates (TC), restricted TC, supplemental type-certificates (STC), changes and repair design with the requirements of this Annex shall be the Agency.
26.30 Demonstration of compliance
Regulation (EU) 2020/1159 (applicable from 26.2.2021)
- Certification Specifications (CS) The standard means to demonstrate compliance with this Annex.
- CS – Detailed and specific to indicate the conditions to demonstrate compliance.
Operators & Type Certificate Holders
Operators and holders of a type certificate, restricted type certificate, supplemental type certificate, or a change and repair design approval may demonstrate compliance with the requirements of this Annex by complying with either of the following:
- The specifications issued by the Agency under paragraph (a) of this point or the equivalent certification specifications issued by the Agency under point 21.B.70 of Annex I to Regulation (EU) No 748/2012;
- Technical standards offering an equivalent level of safety to those included in those certification specifications.
Holders of a type certificate, restricted type certificate, supplemental type certificate, or a change and repair design approval shall make available to each known operator of the aeroplanes any changes to the “Instructions for Continued Airworthiness” (ICA) required to demonstrate compliance with this Annex.
- For the purposes of this Regulation, the ICA also include:
o Damage tolerance inspections (DTIs)
o Repair evaluation guidelines (REGs),
o A baseline corrosion prevention and control programme (CPCP)
o A list of fatigue-critical structures (FCSs) and
o Airworthiness Limitation Sections (ALSs).
Next Steps
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