In accordance with Article 76(4) of Regulation (EU) 2018/1139:
‘The Agency shall take the appropriate decisions for the application of paragraph 6 of this Article, Articles 77 to 83, 85 and 126 and where tasks have been allocated to it pursuant to Articles 64 and 65.
The Agency may grant exemptions to any legal or natural person to whom it has issued a certificate in the situations and subject to the conditions set out in Article 71(1).
In such a case, the Agency shall immediately notify the Commission and the Member States, through the repository established under Article 74, of the exemptions granted, the reasons for granting them and, where applicable, the necessary mitigation measures applied.
Where an exemption was granted for a duration that exceeds eight consecutive months or where the Agency has granted the same exemption repetitively and its total duration exceeds eight months, the Commission shall assess whether the conditions set out in Article 71(1) have been met. Where it considers that this is not the case, the Commission shall adopt implementing acts containing its decision to that effect. Those implementing acts shall be published in the Official Journal of the European Union and entered by the Agency into the repository established under Article 74.
The Agency shall immediately revoke the exemption upon the notification of that implementing act.’
As a Certificate Holder, when requesting an exemption that falls under Article 76(4), please refer to the download box for Exemption Request form FO.EXEMP.00021.
Please send the completed form, defining the information needed for the Agency to assess the case, to EASA exemptions [at] easa.europa.eu mailbox, keeping in copy the EASA contact point (PCM, DOATL, POATL, MOATL, etc.), if known.
Please ensure that the concrete provision you are seeking exemption from is mentioned in the request form as well as the reason for asking the exemption (i.e. unforeseen urgent operational circumstances or operational needs of a limited duration) and the mitigation measures envisioned to maintain the level of safety.
The Agency will evaluate your request for exemption and will provide you with its decision and notify the Commission.
Additional information on Article 76(4) measures can be requested via email: exemptions [at] easa.europa.eu