21.B.85 Applicable environmental protection requirements for a type certificate or restricted type certificate

ENVIRONMENTAL COMPATIBILITY ‘Environmental compatibility’ is a new term introduced with Regulation (EU) 2018/1139. It is used throughout Regulation (EU) No 748/2012 to describe the status of a product that complies with the applicable environmental protection requirements. Similarly, the terms ‘environmentally compatible’ or ‘environmentally incompatible’ are adjectives to describe products that comply with the applicable environmental protection requirements or not.

APPLICABLE ENVIRONMENTAL PROTECTION REQUIREMENTS

1.GENERAL For a TC, RTC, STC and a major change approval, the term ‘environmental protection requirements’ that is used throughout Regulation (EU) No 748/2012 represents the requirements designated by EASA that are applicable to the product at the date of application for the environmental protection certification. Point 21.B.85 refers to the requirements for a TC and an RTC. Points 21.B.105 and 21.B.109 refer to point 21.A.101, which in turn refers to point 21.B.85. Consequently, the requirements for a major change approval or an STC are designated by EASA from the requirements referred to in point 21.B.85. For a minor change approval (21.A.95) and a repair design approval (21.B.450), the applicable ‘environmental protection requirements’ are those incorporated by reference in the TC, RTC and STC.

2.ICAO Annex 16 (Volumes I, II and III) (21.B.85(a)) The applicable environmental protection requirements are the Standards and Recommended Practices (SARPs) in Volume I, Volume II and Volume III of Annex 16 to the Chicago Convention (‘ICAO Annex 16’) for aircraft and engines for which the first subparagraph of Article 9(2) of Regulation (EU) 2018/1139 applies. The applicable SARPs are those contained in Volume I, Volume II and Volume III of ICAO Annex 16 including all amendments up to the latest amendment referred to in the first subparagraph of Article 9(2) of Regulation (EU) 2018/1139. Table 1 below provides the correspondence between the levels of amendment of Volume I, Volume II and Volume III of ICAO Annex 16 and the related EU regulations that have implemented these levels of amendment since 2003, as well as the respective applicability dates. Table 1: ICAO Annex 16 Volumes I, II and III levels of amendment and the related EU regulations

*: Regulations that amend Article 6 of Regulations (EC) No 1592/2002 and (EC) No 216/2008, and Article 9 of Regulation (EU) 2018/1139

CONTENT OF ICAO ANNEX 16 (VOLUMES I, II AND III)

1.VOLUME I OF ICAO ANNEX 16 — AIRCRAFT NOISE

1.1. SARPs Volume I of ICAO Annex 16 contains the SARPs for the noise certification of subsonic jet aeroplanes, propeller-driven aeroplanes, supersonic aeroplanes, helicopters and tilt-rotors.

1.1.1. Part I Part I of that volume provides the definitions and nomenclature, which are an essential part of the SARPs.

1.1.2. Part II Chapter 1 of Part II of that volume on administration includes the overall applicability of that part. Each other chapter of that part applies to a specific aircraft type for a given date of application for a type certificate or for the certification of their derived versions. These chapters contain the noise level limits that shall not be exceeded, and some reference criteria.

1.1.3. Appendices The methods for the evaluation of noise levels are provided in the appendices to that volume.

1.2. Guidance material Guidance material for the application of the SARPs is provided in the attachments to that volume and in Doc 9501 ‘Environmental Technical Manual’, Volume I ‘Procedures for the Noise Certification of Aircraft’.

2.VOLUME II OF ICAO ANNEX 16 — AIRCRAFT ENGINE EMISSIONS

2.1. SARPs Volume II of ICAO Annex 16 contains the SARPs for the aircraft fuel venting certification and the aircraft engine emissions certification.

2.1.1. Part I Part I of that volume provides the definitions and symbols, which are an essential part of the SARPs.

2.1.2. Part II Part II of that volume for the aircraft fuel venting certification applies to turbine engine powered aircraft manufactured after 18 February 1982.

2.1.3. Part III Part III of that volume applies to the aircraft engine emissions certification for turbojet and turbofan engines intended for the propulsion at subsonic and supersonic speeds and involves the following emissions: smoke gaseous emissions such as unburned hydrocarbons, carbon monoxide and oxides of nitrogen, and non-volatile particulate matter. Chapter 1 of that part on administration includes the overall applicability of that part. The other chapters of that part specify the applicability to the aircraft engine types and contain the emissions regulatory levels that shall not be exceeded and some reference criteria. The information below summarises the applicability categories. The detailed criteria provided in Part III are essential to determine the related applicable emissions regulatory levels. Standards for new type and model designs These standards apply to aircraft engines of a type or model for which an application for a type certificate was submitted on or after a given date. Standards for first individual production models These standards apply to aircraft engines of a type or model for which the date of manufacture of the first individual production model was on or after a given date. The emissions regulatory levels that shall not be exceeded for these aircraft engines are different from those for new type design aircraft engines. These standards are minimum requirements for continued production of an aircraft engine (production cut-off standards).

2.1.4. Part IV Part IV of that volume applies to aircraft engines that are certified for non-volatile particulate matter and for which the non-volatile particulate matter losses in the sampling and measurement system shall be assessed in accordance with Appendix 8. The correction factors resulting from this assessment shall be reported to the competent authority for inventory and modelling purposes.

2.1.5. Appendices The procedures for the evaluation of the emissions levels are provided in the appendices to that volume.

2.2. Guidance material Guidance material for the application of the SARPs is provided in the attachments to that volume and in Doc 9501 ‘Environmental Technical Manual’, Volume II ‘Procedures for the Emissions Certification of Aircraft Engines’.

3.VOLUME III OF ICAO ANNEX 16 — AEROPLANE CO2 EMISSIONS

3.1. SARPs Volume III of ICAO Annex 16 contains the SARPs for the CO2 emissions certification of subsonic jet aeroplanes and propeller-driven aeroplanes.

3.1.1. Part I Part I of that volume provides the definitions and symbols, which are an essential part of the SARPs.

3.1.2. Part II Chapter 1 of Part II of that volume on administration includes the overall applicability of that part. Chapter 2 of that part defines the applicability to specific aeroplane types and their related maximum permitted CO2 emissions evaluation metric value. It also contains some reference criteria. The information below summarises the applicability categories. The detailed criteria provided in Chapter 2 are essential to determine the related applicable maximum permitted CO2 emissions evaluation metric values. The applicability provisions in Chapter 2 shall be applied in conjunction with the definitions of a ‘derived version of a non-CO2-certified aeroplane’ and a ‘derived version of a CO2-certified aeroplane’, as contained in Part I, Chapter 1. These definitions include additional criteria for the determination of the applicable CO2 standard for such aeroplanes. Standards for new type designs and their derived versions These standards apply to aeroplanes and their derived versions for which the application for a type certificate was submitted on or after a given date (1 January 2020 and 1 January 2023 in Sections 2.1.1(a) to (c)). Standards for individual non-CO2 certified aeroplanes These standards apply to aeroplanes for which a type certificate was issued but that were not certified for CO2 emissions in accordance with Volume III of ICAO Annex 16, and for which the individual certificate of airworthiness (CofA) was first issued on or after a given date (1 January 2028 in Sections 2.1.1.(f) and (g)). These standards are production cut-off standards. Standards for derived versions of non-CO2-certified aeroplanes These standards apply to individual aeroplanes for which a type certificate was issued but that were not certified for CO2 emissions in accordance with Volume III of ICAO Annex 16, and for which: the application for approval of a change to the type certificate was submitted on or after a given date (1 January 2023 in Sections 2.1.1(d) and (e)); and the change in the type design is made (i.e. applied to the individual aeroplane) prior to the issuance of the first CofA.

3.1.3. Appendices The methods for the evaluation of CO2 emissions levels are provided in the appendices to that volume.

3.2. Guidance material Guidance material for the application of the SARPs is provided in the attachments to that volume and in ICAO Doc 9501 ‘Environmental Technical Manual’, Volume III ‘Procedures for the CO2 Emissions Certification of Aeroplanes’.