Commission Delegated Regulation (EU) 2021/1088 of 7 April 2021 amending Regulation (EU) No 748/2012 as regards updating the references to the environmental protection requirements (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Article 19(1) and (3) thereof,

Whereas:

(1) On 7 April 2021 the Commission adopted Delegated Regulation 2021/1087 (2) updating the references to the provisions of the Chicago Convention, which contain the environmental protection requirements.

(2) Aircraft, other than unmanned aircraft and their engines, propellers, parts and non-installed equipment should comply with those environmental protection requirements as of 1 January 2021.

(3) The references to the environmental protection requirements in Commission Regulation (EU) No 748/2012 (3) should be updated.

(4) Regulation (EU) No 748/2012 should therefore be amended accordingly.

(5) The measures provided for in this Regulation are based on Opinion No 03/2020 issued by the European Union Aviation Safety Agency (EASA) in accordance with 76(1) of Regulation (EU) 2018/1139,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 748/2012 is amended as follows:

(1) in Article 9, paragraph 4 is replaced by the following: ‘4.   By way of derogation from paragraph 1, the production organisation may apply to the competent authority for exemptions from the environmental protection requirements referred to in the first subparagraph of Article 9(2) of Regulation (EU) 2018/1139.’;

(2) Annex I is amended as set out in the Annex to this Regulation.

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, 7 April 2021.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 212, 22.8.2018, p. 1.

(2) Commission Delegated Regulation 2021/1087 of 7 April 2021 amending Regulation (EU) 2018/1139 of the European Parliament and of the Council, as regards updating the references to the provisions of the Chicago Convention (See page 1 of this Official Journal).

(3) Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1).