Commission Regulation (EU) No 6/2013Show full title

Article 1 Amendment to Regulation (EC) No 216/2008

In Article 6 of Regulation (EC) No 216/2008, paragraph 1 is replaced by the following:

‘1. Products, parts and appliances shall comply with the environmental protection requirements contained in Amendment 10 of Volume I and in Amendment 7 of Volume II of Annex 16 to the Chicago Convention as applicable on 17 November 2011, except for the Appendices to Annex 16.’.

Article 2 Transitional measures

1. Until 31 December 2016, Member States may grant exemptions to the emissions production cut-off requirement established in point (d) of Volume II, Part III, Chapter 2, paragraph 2.3.2 of Annex 16 to the Chicago Convention, under the following conditions:

(a) such exemptions shall be granted in consultation with the Agency;

(b) exemptions may only be granted when the economic impact to the organisation responsible for manufacturing the exempted engines outweighs environmental protection interests;

(c) in the case of new engines to be installed on new aircraft, exemptions shall not be granted for more than 75 engines per engine type;

(d) when considering a request for exemption, the Member State shall take into account:

(i)

the justification provided by the organisation responsible for manufacturing the exempted engines, including, but not limited to, considerations of technical issues, adverse economic impacts, environmental effects, impact of unforeseen circumstances and equity issues;

(ii)

the intended use of the affected engines, namely whether they are spare engines or new engines to be installed on new aircraft;

(iii)

the number of new engines affected;

(iv)

the number of exemptions granted for that engine type;

(e) when granting the exemption, the Member State shall specify as a minimum:

(i)

the engine’s type-certificate number;

(ii)

the maximum number of engines included in the exemption;

(iii)

the intended use of the affected engines and the time limit for their production.

2. Organisations responsible for manufacturing engines under an exemption granted in accordance with this article shall:

(a) ensure that the identification plates on the affected engines are marked ‘EXEMPT NEW’ or ‘EXEMPT SPARE’, as relevant;

(b) have a quality control process for maintaining oversight of and managing the production of affected engines;

(c) provide, on a regular basis, to the Member State that granted the exemption and the organisation responsible for the design, details on the exempted engines which have been produced, including model, serial number, use of the engine, and aircraft type on which new engines are installed;

(d) Member States that granted an exemption shall, without undue delay, communicate all data referred to in paragraph 1(d) and paragraph 2(c) to the Agency. The Agency shall establish and maintain a register containing such data and make it publicly available.

Article 3 Entry into force

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 January 2013.

For the Commission

The President

José Manuel Barroso