THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer, and in particular Article 13(2) thereof,
Whereas:
(1)
Annex VI to Regulation (EC) No 1005/2009 establishes cut-off dates after which halons should not be used for fire extinguishers and fire protection systems in ‘new equipment’, including in new aircraft. Pursuant to point 2(b) of Annex VI to Regulation (EC) No 1005/2009, the definition of ‘new equipment’ depends on the date of submission of a request for type certification to the appropriate regulatory authority.
(2)
For reasons of legal clarity and consistency in the implementation of Regulation (EC) No 1005/2009, it is necessary to specify in the definition of ‘new equipment’ under point 2(b) of Annex VI to Regulation (EC) No 1005/2009 that for aircraft, request for type certification relates only to request for new type certification and does not cover changes to an existing type certification. This would also be in line with the concept used for halon standards by the International Civil Aviation Organisation.
(3)
Regulation (EC) No 1005/2009 should therefore be amended accordingly.
(4)
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,
HAS ADOPTED THIS REGULATION: