# Official Journal L 21/2023

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 21 |
| | |
| English edition | Legislation | Volume 6623 January 2023 |

ISSN 1977-0677

Official Journal

of the European Union

L 21

English edition

Legislation

Volume 6623 January 2023

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| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Regulation (EU) 2023/144 of the European Parliament and of the Council of 18 January 2023 repealing Regulation (EEC) No 1108/70 of the Council introducing an accounting system for expenditure on infrastructure in respect of transport by rail, road and inland waterway, and repealing Commission Regulation (EC) No 851/2006 specifying the items to be included under the various headings in the forms of accounts shown in Annex I to Council Regulation (EEC) No 1108/70 | 1 |
| | | DECISIONS |
| | * | Decision (EU) 2023/145 of the European Parliament and of the Council of 18 January 2023 repealing Council Directive 89/629/EEC | 3 |

Contents

I   Legislative acts

page

REGULATIONS

*

Regulation (EU) 2023/144 of the European Parliament and of the Council of 18 January 2023 repealing Regulation (EEC) No 1108/70 of the Council introducing an accounting system for expenditure on infrastructure in respect of transport by rail, road and inland waterway, and repealing Commission Regulation (EC) No 851/2006 specifying the items to be included under the various headings in the forms of accounts shown in Annex I to Council Regulation (EEC) No 1108/70

1

DECISIONS

*

Decision (EU) 2023/145 of the European Parliament and of the Council of 18 January 2023 repealing Council Directive 89/629/EEC

3

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
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EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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I Legislative acts

REGULATIONS

| 23.1.2023 | EN | Official Journal of the European Union | L 21/1 |
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23.1.2023

EN

Official Journal of the European Union

L 21/1

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REGULATION (EU) 2023/144 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 18 January 2023

repealing Regulation (EEC) No 1108/70 of the Council introducing an accounting system for expenditure on infrastructure in respect of transport by rail, road and inland waterway, and repealing Commission Regulation (EC) No 851/2006 specifying the items to be included under the various headings in the forms of accounts shown in Annex I to Council Regulation (EEC) No 1108/70

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | The European Parliament, the Council and the Commission have confirmed in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (3) their joint commitment to update and simplify Union legislation. |
| --- | --- |

(1)

The European Parliament, the Council and the Commission have confirmed in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (3) their joint commitment to update and simplify Union legislation.

| (2) | It is appropriate to regularly analyse the Union acquis in order to enable it to be updated and, where possible, to be reduced in volume. Repealing obsolete legislation helps to keep the Union’s legislative framework transparent, clear and easy to use by Member States and relevant stakeholders. |
| --- | --- |

(2)

It is appropriate to regularly analyse the Union acquis in order to enable it to be updated and, where possible, to be reduced in volume. Repealing obsolete legislation helps to keep the Union’s legislative framework transparent, clear and easy to use by Member States and relevant stakeholders.

| (3) | Regulation (EEC) No 1108/70 of the Council (4) requires Member States to report on infrastructure expenditure for transport by rail, road and inland waterway, as well as on returns relating to the use of such infrastructure. |
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(3)

Regulation (EEC) No 1108/70 of the Council (4) requires Member States to report on infrastructure expenditure for transport by rail, road and inland waterway, as well as on returns relating to the use of such infrastructure.

| (4) | Regulation (EEC) No 1108/70 contains obsolete provisions and definitions, and is inconsistent and incompatible with more recent Union legal acts currently in force that oblige Member States to report on transport infrastructure investment data and infrastructure use. |
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(4)

Regulation (EEC) No 1108/70 contains obsolete provisions and definitions, and is inconsistent and incompatible with more recent Union legal acts currently in force that oblige Member States to report on transport infrastructure investment data and infrastructure use.

| (5) | Regulation (EEC) No 1108/70 is associated with excessive administrative difficulties in collecting the data required by that Regulation. Since 2005, only four Member States have provided such data. |
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(5)

Regulation (EEC) No 1108/70 is associated with excessive administrative difficulties in collecting the data required by that Regulation. Since 2005, only four Member States have provided such data.

| (6) | Regulation (EEC) No 1108/70 should therefore be repealed in order to eliminate inconsistencies in the Union legal order and to contribute to the simplification of Union legislation by eliminating a legal act which is now obsolete. |
| --- | --- |

(6)

Regulation (EEC) No 1108/70 should therefore be repealed in order to eliminate inconsistencies in the Union legal order and to contribute to the simplification of Union legislation by eliminating a legal act which is now obsolete.

| (7) | As Commission Regulation (EC) No 851/2006 (5) implements Regulation (EEC) No 1108/70, its purpose will end with the repeal of Regulation (EEC) No 1108/70. Regulation (EC) No 851/2006 should therefore also be repealed, |
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(7)

As Commission Regulation (EC) No 851/2006 (5) implements Regulation (EEC) No 1108/70, its purpose will end with the repeal of Regulation (EEC) No 1108/70. Regulation (EC) No 851/2006 should therefore also be repealed,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulations (EEC) No 1108/70 and (EC) No 851/2006 are repealed.

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 Strasbourg, 18 January 2023.

For the European Parliament

The President

R. METSOLA

For the Council

The President

J. ROSWALL

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(1)  Opinion of 26 October 2022 (not yet published in the Official Journal).

1

(2)  Position of the European Parliament of 13 December 2022 (not yet published in the Official Journal) and decision of the Council of 19 December 2022.

2

(3)  
  OJ L 123, 12.5.2016, p. 1.

3

(4)  Regulation (EEC) No 1108/70 of the Council of 4 June 1970 introducing an accounting system for expenditure on infrastructure in respect of transport by rail, road and inland waterway (OJ L 130, 15.6.1970, p. 4).

4

(5)  Commission Regulation (EC) No 851/2006 of 9 June 2006 specifying the items to be included under the various headings in the forms of accounts shown in Annex I to Council Regulation (EEC) No 1108/70 (OJ L 158, 10.6.2006, p. 3).

5

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DECISIONS

| 23.1.2023 | EN | Official Journal of the European Union | L 21/3 |
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23.1.2023

EN

Official Journal of the European Union

L 21/3

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DECISION (EU) 2023/145 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 18 January 2023

repealing Council Directive 89/629/EEC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | The European Parliament, the Council and the Commission have confirmed in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (3) their joint commitment to update and simplify Union legislation. |
| --- | --- |

(1)

The European Parliament, the Council and the Commission have confirmed in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (3) their joint commitment to update and simplify Union legislation.

| (2) | Council Directive 89/629/EEC (4) provided that aeroplanes that exceeded the relevant noise emission standards under that Directive could continue to operate, if they had already been entered in a national register of a Member State. However, it applied a no-addition rule: no new registrations of such aeroplanes were possible after that Directive entered into force. |
| --- | --- |

(2)

Council Directive 89/629/EEC (4) provided that aeroplanes that exceeded the relevant noise emission standards under that Directive could continue to operate, if they had already been entered in a national register of a Member State. However, it applied a no-addition rule: no new registrations of such aeroplanes were possible after that Directive entered into force.

| (3) | Directive 2006/93/EC of the European Parliament and of the Council (5) introduced a complete phasing-out of all aeroplanes which did not meet the relevant noise emission standards, including those previously covered by Directive 89/629/EEC, regardless of whether they had been registered or not. This led to a situation in which the aeroplanes concerned were no longer allowed to fly in the Union skies and had to be removed from the Member States’ national registers. |
| --- | --- |

(3)

Directive 2006/93/EC of the European Parliament and of the Council (5) introduced a complete phasing-out of all aeroplanes which did not meet the relevant noise emission standards, including those previously covered by Directive 89/629/EEC, regardless of whether they had been registered or not. This led to a situation in which the aeroplanes concerned were no longer allowed to fly in the Union skies and had to be removed from the Member States’ national registers.

| (4) | Consequently, Directive 89/629/EEC is obsolete and should therefore be repealed, |
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(4)

Consequently, Directive 89/629/EEC is obsolete and should therefore be repealed,

HAVE ADOPTED THIS DECISION:

Article 1

Directive 89/629/EEC is repealed.

Article 2

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Done at Strasbourg, 18 January 2023.

For the European Parliament

The President

R. METSOLA

For the Council

The President

J. ROSWALL

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(1)  Opinion of 26 October 2022 (not yet published in the Official Journal).

1

(2)  Position of the European Parliament of 13 December 2022 (not yet published in the Official Journal) and decision of the Council of 19 December 2022.

2

(3)  
  OJ L 123, 12.5.2016, p. 1.

3

(4)  Council Directive 89/629/EEC of 4 December 1989 on the limitation of noise emission from civil subsonic jet aeroplanes (OJ L 363, 13.12.1989, p. 27).

4

(5)  Directive 2006/93/EC of the European Parliament and of the Council of 12 December 2006 on the regulation of the operation of aeroplanes covered by Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) (OJ L 374, 27.12.2006, p. 1).

5

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