Article 1

Regulation (EC) No 29/2009 is amended as follows:

1. (1)

   In Article 3, paragraph 3 is replaced by the following:

   ‘3.

   Paragraph 2 shall not apply to:

   (a)

   aircraft with an individual certificate of airworthiness first issued before 1 January 1995;

   (b)

   aircraft which have an individual certificate of airworthiness first issued before 31 December 2003 and which will cease operation in the airspace referred to in paragraph 3 of Article 1 before 31 December 2022;

   (c)

   aircraft with an individual certificate of airworthiness first issued before 1 January 2018 and fitted prior to this date with data link equipment compliant with the requirements of one of the Eurocae documents specified in point 10 of Annex III;

   (d)

   aircraft which have a certified maximum seating capacity of 19 passengers or less and a maximum certified take-off mass of 45 359 Kg (100 000 lbs) or less and with a first individual certificate of airworthiness issued before 5 February 2020;

   (e)

   State aircraft;

   (f)

   aircraft flying in the airspace referred to in paragraph 3 of Article 1 for testing, delivery or for maintenance purposes or with data link constituents temporarily inoperative under conditions specified in the applicable minimum equipment list required by point 1 of Annex III.’

2. (2)

   in paragraphs 1, 2 and 3 of Article 6, references to Article 3(2) and 3(3) are replaced by references to Article 3(2);

3. (3)

   in paragraphs 1, 2 and 3 of Article 8, references to Article 3(5) are replaced by references to Article 3(4);

4. (4)

   in Article 14, paragraph 2, ‘Article 5(3) of Regulation (EC) No 549/2004’ is replaced by ‘Article 127(3) of Regulation (EU) 2018/1139’;

5. (5)

   in Article 14, paragraph 3 is replaced by the following:

   ‘3.

   The criteria referred to in paragraph 1 shall be the following:

   (a)

   aircraft types/models combinations, reaching the end of their production life and being produced in limited numbers; and

   (b)

   aircraft types/models combinations for which re-engineering costs required would be disproportionate due to old design.’;

6. (6)

   Annex III is replaced by the text in the Annex to this Regulation.