Article 4(1), (2) and (3) do not apply to aircraft falling in one or more of the categories set out below:

1. (a)

   historic aircraft meeting the criteria below:

   1. (i)

      non-complex aircraft whose:

      • initial design was established before 1 January 1955, and

      • production has been stopped before 1 January 1975;

      or

   2. (ii)

      aircraft having a clear historical relevance, related to:

      • a participation in a noteworthy historical event, or

      • a major step in the development of aviation, or

      • a major role played into the armed forces of a Member State;

2. (b)

   aircraft specifically designed or modified for research, experimental or scientific purposes, and likely to be produced in very limited numbers;

3. (c)

   aircraft of which at least 51 % is built by an amateur, or a non-profit making association of amateurs, for their own purposes and without any commercial objective;

4. (d)

   aircraft that have been in the service of military forces, unless the aircraft is of a type for which a design standard has been adopted by the Agency;

5. (e)

   aeroplanes, helicopters and powered parachutes having no more than two seats, a maximum take-off mass (MTOM), as recorded by the Member States, of no more than:

   1. (i)

      300 kg for a land plane/helicopter, single-seater; or

   2. (ii)

      450 kg for a land plane/helicopter, two-seater; or

   3. (iii)

      330 kg for an amphibian or floatplane/helicopter single-seater; or

   4. (iv)

      495 kg for an amphibian or floatplane/helicopter two-seater, provided that, where operating both as a floatplane/helicopter and as a land plane/helicopter, it falls below both MTOM limits, as appropriate;

   5. (v)

      472,5 kg for a land plane, two-seater equipped with an airframe mounted total recovery parachute system;

   6. (vi)

      315 kg for a land plane single-seater equipped with an airframe mounted total recovery parachute system;

   and, for aeroplanes, having the stall speed or the minimum steady flight speed in landing configuration not exceeding 35 knots calibrated air speed (CAS);

6. (f)

   single and two-seater gyroplanes with a maximum take off mass not exceeding 560 kg;

7. (g)

   gliders with a maximum empty mass, of no more than 80 kg when single-seater or 100 kg when two-seater, including those which are foot launched;

8. (h)

   replicas of aircraft meeting the criteria of (a) or (d) above, for which the structural design is similar to the original aircraft;

9. (i)

   unmanned aircraft with an operating mass of no more than 150 kg;

10. (j)

    any other aircraft which has a maximum empty mass, including fuel, of no more than 70 kg.