FAQ n.70140

What will happen with the exemptions granted by Member States under Regulation (EC) 216/2008 Article 4(3b)?


Exemptions granted under Regulations 216/2008 will remain valid according to article 2(7) and supported by recital 8. 

The Basic Regulation requires Member States to notify the Commission and the Agency the exemptions previously granted under Article 4(3b) of Regulation 216/2008 to ensure transparency and legal certainty – this is merely informative, no additional assessment against the requirements of the new BR is required.

Under Regulation 2019/1139 Member States can continue to exempt certain aerodromes from the scope of the Regulation, however now Member States must follow stricter requirements – in order to grant an exemption, they need to ensure that the exemption does not endanger compliance with the essential requirements. 

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