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Official Journal of the European Union
9.1.2013
REGULATIONS
COMMISSION REGULATION (EU) No 6/2013
of 8 January 2013
amending Regulation (EC) No 216/2008 of the European Parliament and of the Council on common
rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing
Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
HAS ADOPTED THIS REGULATION:
Article 1
Having regard to the Treaty on the Functioning of the European
Union,
Amendment to Regulation (EC) No 216/2008
In Article 6 of Regulation (EC) No 216/2008, paragraph 1 is
Having regard to Regulation (EC) No 216/2008 of the European
replaced by the following:
Parliament and of the Council of 20 February 2008 on
common rules in the field of civil aviation and establishing a
‘1. Products,
parts
and
appliances
shall
comply
with
the
European Aviation Safety Agency, and repealing Council
environmental protection requirements contained in
Directive 91/670/EEC, Regulation (EC) No 1592/2002 and
Amendment 10 of Volume I and in Amendment 7 of
Directive 2004/36/EC ( 1 ), and in particular Article 6(2) thereof,
Volume II of Annex 16 to the Chicago Convention as
applicable on 17 November 2011, except for the Appendices
to Annex 16.’.
Whereas:
Article 2
(1) Article
6(1)
of
Regulation
(EC)
No
216/2008,
as
Transitional measures
amended by Commission Regulation (EC) No
690/2009 ( 2 ), requires products, parts and appliances to
1. Until
31
December
2016,
Member
States
may
grant
comply with the environmental protection requirements
exemptions to the emissions production cut-off requirement
of Annex 16 to the Convention on International Civil
established in point (d) of Volume II, Part III, Chapter 2,
Aviation (hereinafter ‘Chicago Convention’) as applicable
paragraph 2.3.2 of Annex 16 to the Chicago Convention,
on 20 November 2008 for Volumes I and II, except for
under the following conditions:
its Appendices.
(a) such exemptions shall be granted in consultation with the
Agency;
(2) Annex
16
to
the
Chicago
Convention
has
been
amended
since the adoption of Regulation (EC) No 690/2009 and
Regulation (EC) No 216/2008 should therefore be
(b) exemptions may only be granted when the economic
amended accordingly.
impact to the organisation responsible for manufacturing

the exempted engines outweighs environmental protection
interests;
(3) The
amendments
to
the
environmental
protection
requirements of Annex 16 to the Chicago Convention
(c) in the case of new engines to be installed on new aircraft,
introduced NO x production cut-off requirements and
exemptions shall not be granted for more than 75 engines
allow Contracting States to lay down transitional
per engine type;
measures for their application.
(d) when considering a request for exemption, the Member
State shall take into account:
(4) The
measures
provided
for
in
this
Regulation
are
based
on the opinion issued by the European Aviation Safety
Agency in accordance with Article 17(2)(b) and
(i)
the justification provided by the organisation
Article 19(1) of Regulation (EC) No 216/2008.
responsible for manufacturing the exempted engines,
including, but not limited to, considerations of
technical issues, adverse economic impacts, environ
(5) The
measures
provided
for
in
this
Regulation
are
in
mental effects, impact of unforeseen circumstances
accordance with the opinion of the Committee estab
and equity issues;
lished by Article 65(1) of Regulation (EC) No 216/2008,
(ii) the intended use of the affected engines, namely
( 1 ) OJ L 79, 19.3.2008, p. 1.
whether they are spare engines or new engines to be
( 2 ) OJ L 199, 31.7.2009, p. 6.
installed on new aircraft;

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EN
9.1.2013 Official
Journal
of
the
European
Union L
4/35
(iii) the number of new engines affected;
(b) have a quality control process for maintaining oversight of
and managing the production of affected engines;
(iv) the number of exemptions granted for that engine type;
(c) provide, on a regular basis, to the Member State that
(e) when granting the exemption, the Member State shall
granted the exemption and the organisation responsible
specify as a minimum:
for the design, details on the exempted engines which
have been produced, including model, serial number, use
(i) the engine’s type-certificate number;
of the engine, and aircraft type on which new engines are
installed;
(ii) the maximum number of engines included in the
(d) Member States that granted an exemption shall, without
exemption;
undue delay, communicate all data referred to in
paragraph 1(d) and paragraph 2(c) to the Agency. The
(iii) the intended use of the affected engines and the time
Agency shall establish and maintain a register containing
limit for their production.
such data and make it publicly available.
2. Organisations
responsible
for
manufacturing
engines
Article 3
under an exemption granted in accordance with this article
shall:
Entry into force
This Regulation shall enter into force on the 20th day following
(a) ensure that the identification plates on the affected engines
that of its publication in the Official Journal of the European
are marked ‘EXEMPT NEW’ or ‘EXEMPT SPARE’, as relevant;
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

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