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Commission Regulation (EC) No 29/2009 of 16 January 2009 laying down requirements on data link services for the single European sky (Text with EEA relevance)
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1.When particular circumstances, based on the criteria defined in paragraph 3, prevent aircraft of specific types from complying with the requirements of this Regulation, the Member States concerned shall communicate to the Commission by 31 December 2012 at the latest, detailed information justifying the need for granting exemptions to these aircraft types.
2.The Commission shall examine the requests for exemption referred to in paragraph 1 and, following consultation with the parties concerned, shall adopt a decision in accordance with the procedure referred to in Article 5(3) of Regulation (EC) No 549/2004.
3.The criteria referred to in paragraph 1 shall be the following:
(a)aircraft types reaching the end of their production life and being produced in limited numbers; and
(b)aircraft types for which re-engineering costs required would be disproportionate due to old design.
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