Opt-Out Article 2(8) to 2(11)

Regulation (EU) 2018/1139

A Member State may decide to exempt from this Regulation the design, production, maintenance and operation activities in respect of one or more of the following categories of aircraft, as long as for this aircraft no certificate has been issued or has been deemed issued in accordance with Regulation (EC) No 216/2008 or Regulation (EU) No 2018/1139 or for which a declaration has been made under Regulation (EU) No 2018/1139.

(a) aeroplanes, other than unmanned aeroplanes, which have no more than two seats, measurable stall speed or minimum steady flight speed in landing configuration not exceeding 45 knots calibrated air speed and a maximum take-off mass (MTOM), as recorded by the Member State, of no more than 600 kg for aeroplanes not intended to be operated on water or 650 kg for aeroplanes intended to be operated on water;

(b) helicopters, other than unmanned helicopters, which have no more than two seats and a MTOM, as recorded by the Member State, of no more than 600 kg for helicopters not intended to be operated on water or 650 kg for helicopters intended to be operated on water;

(c) sailplanes, other than unmanned sailplanes, and powered sailplanes, other than unmanned powered sailplanes, which have no more than two seats and a MTOM, as recorded by the Member State, of no more than 600 kg.

Irrespective of that Member State decision an  organisation may decide to carry out its design and production activities in respect of aircraft covered by that Member State decision in accordance with Regulation (EU) No 2018/1139 and its delegated and implementing acts.

Without prejudice to obligations of Member States under the Chicago Convention, an aircraft covered by that Member State decision  may be  operated in another Member State subject to the agreement of that other Member State. 

Such aircraft may also be maintained, or its design may be modified, in other Member States, provided that such maintenance activities and such design modifications are carried out under the oversight of the Member State where the aircraft is registered and in accordance with procedures established in the national law of that Member State.

Any certificate that is issued in respect of aircraft to which an exemption decision applies shall clearly indicate that certificate is issued not under Regulation (EU) No 2018/1139 but under the national law of the Member State which is issuing the certificate.

The Member State shall notify the Commission and the Agency
Please download the notification form and send it filled and signed with your original document to the indicated addresses.

Information on already notified Article 2(6) decisions
Please refer to Table Art 2(8) of Regulation (EU) 2018/1139.

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