Council Directive 89/629/EEC of 4 December 1989 on the limitation of noise emission from civil subsonic jet aeroplanes
Date: 1989-12-04

num: Article 1
paragraphs: 1. The objective of this Directive is to lay down stricter rules for the limitation of noise emission from civil subsonic jet aeroplanes.
2. This Directive shall not apply to aeroplanes with a maximum take-off mass of 34 000 kg or less and a capacity of 19 or less seats.
num: Article 2
paragraphs: 1. Member States shall ensure that as from 1 November 1990 civil subsonic jet aeroplanes registered after that date in their territory, may not be operated in their territory or in the territory of another Member State unless granted a noise certificate to the standards at least equal to those specified in Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation, 2nd edition 1988.
2. Paragraph 1 shall not apply to aeroplanes entered on Member States' national registers on 1 November 1990.
3. The territory mentioned in paragraph 1 shall not include the overseas departments referred to in Article 227 (2) of the Treaty.
num: Article 3
paragraphs: Member States shall take the necessary measures to ensure that the objective set out in Article 1 (1) is not circumvented by, for example, any form of leasing agreement.
num: Article 4
paragraphs: Member States may grant exemptions from Article 2 for:
(a)
aeroplanes of historic interest;
(b)
aeroplanes used by an operator of a Member State before 1 November 1989 under hire purchase or leasing contracts still in effect, and which in this context have been registered in a non-Member State;
(c)
aeroplanes leased to an operator of a non-Member State which for that reason have been temporarily removed from a Member State's register;
(d)
an aeroplane which replaces one which has been accidentally destroyed and which the operator is unable to replace by a comparable aeroplane available on the market with noise certification as laid down in Article 2 (1), provided that the registration of the replacement aeroplane is carried out within the year following the destruction in question;
(e)
aeroplanes powered by engines with a by-pass ratio of 2 or more.
num: Article 5
paragraphs: Member States may grant exemptions from Article 2 for an initial period of up to three years renewable for periods of up to two years, providing that such exemptions expire by 31 December 1995 for:
—
aeroplanes which are leased from a non-Member State on a short-term basis, provided that the operator demonstrates that this is the normal practice in his sector of the industry and that the pursuit of his operations would otherwise be adversely affected,
—
aeroplanes in respect of which an operator demonstrates that the pursuit of his operations would otherwise be adversely affected to an unreasonable extent.
num: Article 6
paragraphs: 1. A Member State granting exemptions shall inform the competent authorities of the Member States and the Commission of the fact.
2. Member States shall recognize the exemptions granted by other Member States pursuant to Articles 4 and 5.
num: Article 7
paragraphs: 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 30 September 1990.
2. Member States shall communicate to the Commission the text of the provisions which they adopt in the field covered by this Directive.