Point 26.334(b) requires DAHs to submit DTE/DTI for changes and repairs identified in point 26.332(a) to EASA for approval before 26 February 2023 whereas for STCs issued before 01.09.2003, point 26.332(c)(ii) requires DAHs to submit a list of FCMS to EASA only upon operator request. Was this intended?
STCs and other changes and repairs to those changes, approved before 1 September 2003: Inconsistency between compliance time requirements of point 26.332 for FCMS and point 26.334 for damage tolerance data.
No, this was not intended and the text has been amended by Reg (EU) 2021/97 to provide further clarity. The intent is to allow some flexibility for DAHs of repairs and changes issued before 1.9.2003.
Indeed, according to the above mentioned amendment, if no request for DTI is made by an operator prior to 26 February 2023, DAHs may assume that their support is not required by any operator because the affected aeroplane is not currently in CAT operation. In this case, it is not necessary for the DAH to develop an FCMS list or damage tolerance data until such a request is received.
Note: it might also be possible that a Part CAT operator has engaged the support of a third party to develop the DTI, but there is no obligation on the DAH to verify whether this is the case. Should a DAH be in a situation where the need of accomplishment with point 26.334 is not clear, it is proposed to highlight this to EASA in the frame of the discussion of the compliance plan required in point 26.331 in order to find a way forward.