Regulation (EC) No 216/2008 of the European Parliament and of the Council (repealed)Show full title

ANNEX II Aircraft 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;

(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);

(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.