(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.

(2)

Article 18(3) of Regulation (EC) No 1005/2009 sets out the list of items that need to be included in an application for a licence. The level of detail of that list requires, in practice, a separate licence for each export and each import.

(3)

In the case of products and equipment 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, the obligation to have a separate licence for each export and import has raised concerns due to timing issues specific to the aviation sector, as in some cases, licences are needed within a very short time to avoid grounding of flights. Compared to other sectors of critical uses of halons, the aviation sector is by its nature importing and exporting more frequently and the process is very repetitive.

(4)

Imports and exports of products and equipment 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 quantitative limits, and therefore do not require separate licences for each export and import to be cross-checked against the quantitative limits.

(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 aircraft in its Annex 6 and in its Annex 8, and by Regulation (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).

(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 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.

(7)

Regulation (EC) No 1005/2009 should therefore be amended accordingly.

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 25(1) of Regulation (EC) No 1005/2009,

‘(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 aircraft set out in points 4.1 to 4.6 of Annex VI: