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5.11.2013 Official
Journal
of
the
European
Union L
293/29
COMMISSION REGULATION (EU) No 1088/2013
of 4 November 2013
amending Regulation (EC) No 1005/2009 of the European Parliament and of the Council with
regard to applications for import and export licences of products and equipment containing or
relying on halons for critical uses in aircraft
THE EUROPEAN COMMISSION,
(5) Fire
extinguishing
systems
on-board
of
aircraft
are
regulated by the Convention on International Civil
Aviation which establishes common minimum
standards for operation of aircraft and airworthiness of
Having regard to the Treaty on the Functioning of the European
aircraft in its Annex 6 and in its Annex 8, and by Regu
Union,
lation (EC) No 216/2008 of the European Parliament and
of the Council of 20 February 2008 on common rules in
the field of civil aviation and establishing a European
Aviation Safety Agency ( 2 ).
Having regard to Regulation (EC) No 1005/2009 of the
European Parliament and of the Council of 16 September
2009 on substances that deplete the ozone layer ( 1 ), and in
particular Article 18(9) thereof,
(6) Therefore,
for
the
specific
case
of
products
and
equipment containing or relying on halons for critical
uses in aircraft set out in points 4.1 to 4.6 of Annex
VI to Regulation (EC) No 1005/2009, the list of items
Whereas:
required in an application for a licence should be
simplified in order to allow the issue of general
licences rather than separate licences for each import
and export.
(1) Imports and exports of products and equipment
containing or relying on halons for critical uses in
aircraft set out in points 4.1 to 4.6 of Annex VI to
Regulation (EC) No 1005/2009 are subject to licences.
(7) Regulation
(EC)
No
1005/2009
should
therefore
be
amended accordingly.
(2) Article
18(3)
of
Regulation
(EC)
No
1005/2009
sets
out
the list of items that need to be included in an appli
(8) The
measures
provided
for
in
this
Regulation
are
in
cation for a licence. The level of detail of that list
accordance with the opinion of the Committee estab
requires, in practice, a separate licence for each export
lished by Article 25(1) of Regulation (EC) No
and each import.
1005/2009,
(3) In
the
case
of
products
and
equipment
containing
or HAS ADOPTED THIS REGULATION:
relying on halons for the critical uses in aircraft set out
in points 4.1 to 4.6 of Annex VI to Regulation (EC) No
1005/2009, the obligation to have a separate licence for
each export and import has raised concerns due to
Article 1
timing issues specific to the aviation sector, as in some
cases, licences are needed within a very short time to
In Article 18(3) of Regulation (EC) No 1005/2009, the
avoid grounding of flights. Compared to other sectors
following point (j) is added:
of critical uses of halons, the aviation sector is by its
nature importing and exporting more frequently and
the process is very repetitive.
‘(j) by way of derogation from points (a) to (h), in the case of
imports and exports of products and equipment
containing or relying on halons for critical uses in
(4) Imports and exports of products and equipment
aircraft set out in points 4.1 to 4.6 of Annex VI:
containing or relying on halons for the critical uses in
aircraft set out in points 4.1 to 4.6 of Annex VI to
Regulation (EC) No 1005/2009 are not subject to quanti
tative limits, and therefore do not require separate
(1) the purpose and type of the products and equipment
licences for each export and import to be cross-
to be imported or exported as described in points 4.1
checked against the quantitative limits.
to 4.6 of Annex VI;
( 1 ) OJ L 286, 31.10.2009, p. 1.
( 2 ) OJ L 79, 19.3.2008, p. 1.

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L 293/30
EN
Official Journal of the European Union
5.11.2013
(2) the types of halons that the products and equipment to be imported or exported contains or relies
on;
(3) the Combined Nomenclature code of the products and equipment to be imported or exported.’.
Article 2
This Regulation shall enter into force on the twentieth 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, 4 November 2013.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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