The objectives of this Opinion are:

• to improve efficiency in the field of fuel/energy planning and management for commercial air transport (CAT) aeroplanes, while maintaining a high level of safety in air operations;
• to incorporate into EU rules the latest International Civil Aviation Organization (ICAO), Annex 6, Parts I, II, and III amendments on fuel planning and management ; and
• to clarify and simplify the rules for helicopter fuel energy planning and management, including helicopter refuelling with rotors turning, taking into account current industry best practice.

The new rules on fuel planning, selection of aerodromes, and in-flight fuel management introduce the concept of ‘fuel schemes’ for CAT operations with aeroplanes in the European Union. They provide a comprehensive and updated set of safety requirements for developing and overseeing the operators’ fuel schemes, and address the gaps identified in the in-flight fuel management policy to enable operators to benefit from the latest technologies. The new fuel schemes that are structured on three levels of performance take into account the robustness of the operators’ management system, allowing them to increase operational efficiency, with cost and environmental benefits.

The rules on other types of operations are also amended for consistency. The requirements of Annexes VI (Part-NCC) and VIII (Part-SPO) to Regulation (EU) No 965/2012 (the ‘Air OPS Regulation’) are better harmonised with those of Annex IV (Part-CAT) for CAT operations that are based on the new fuel schemes. In Annex VII (Part-NCO), the amendments to fuel planning rules follow a performance-based approach. The in-flight fuel management requirements of Part-NCC and Part-NCO are now harmonised with ICAO Annex 6, Part II. In Part-SPO, the prescriptive rule for the final reserve fuel (FRF) is amended following the performance-based approach taken for Part-NCO.

This Opinion replaces the term ‘fuel’ with ‘fuel/energy’ to accommodate operations with aircraft that use energy sources for propulsion other than conventional, hydrocarbon-based fuel.

The objective of this Opinion is to align the European Union (EU) regulatory framework with the International Civil Aviation Organization (ICAO) Standards and Recommended Practices (SARPs) contained in Annex 16 to the Chicago Convention.

In February 2019 the ICAO Committee on Aviation Environmental Protection (CAEP) proposed improvements and updates to the existing noise, aircraft engine emissions, and aeroplane CO2 emissions SARPs, including new non-volatile particulate matter (nvPM) emissions regulatory levels for aircraft engines. The ICAO Council adopted the final amendments at the fifth meeting of its 219th Session on 11 March 2020.

Thus, this Opinion proposes to amend accordingly Article 9 ‘Essential requirements’ of Regulation (EU) 2018/1139, Article 9 ‘Production organisations’ of Commission Regulation (EU) No 748/2012 and its Annex I (Part 21).

The proposed amendments are expected to ensure a high uniform level of environmental protection and to provide a level playing field for all actors in the aviation sector.

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,

[…]

(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.

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

[…]

the following point 26.205 is inserted:

‘26.205 Runway overrun awareness and alerting systems

(a) Operators of large aeroplanes used in commercial air transport shall 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.

(b) This system shall be designed in a manner allowing to reduce the risk of a longitudinal runway excursion during landing by providing an alert, in-flight and on the ground, to the flight crew when the aeroplane is at risk of not being able to stop within the available distance to the end of the runway.’;