ANNEX IIAircraft referred to in Article 4(4)
Article 4(1), (2) and (3) do not apply to aircraft falling in one or more of the categories set out below:
- (a)
historic aircraft meeting the criteria below:
- (i)
non-complex aircraft whose:
initial design was established before 1 January 1955, and
production has been stopped before 1 January 1975;
or
- (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;
- (i)
- (b)
aircraft specifically designed or modified for research, experimental or scientific purposes, and likely to be produced in very limited numbers;
- (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;
- (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;
- (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:
- (i)
300 kg for a land plane/helicopter, single-seater; or
- (ii)
450 kg for a land plane/helicopter, two-seater; or
- (iii)
330 kg for an amphibian or floatplane/helicopter single-seater; or
- (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;
- (v)
472,5 kg for a land plane, two-seater equipped with an airframe mounted total recovery parachute system;
- (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);
- (i)
- (f)
single and two-seater gyroplanes with a maximum take off mass not exceeding 560 kg;
- (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;
- (h)
replicas of aircraft meeting the criteria of (a) or (d) above, for which the structural design is similar to the original aircraft;
- (i)
unmanned aircraft with an operating mass of no more than 150 kg;
- (j)
any other aircraft which has a maximum empty mass, including fuel, of no more than 70 kg.