1980L0051 — EN — 26.04.1983 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE
of20December 1979
onthelimitation ofnoiseemissionsfromsubsonicaircraft
(80/51/EEC)
(OJ L 18, 24.1.1980, p. 26)
Amended by:
Official Journal
No page date
►M1Council Directive of 21 April 1983 (83/206/EEC) L 117 15 4.5.1983
▼B
COUNCILDIRECTIVE
of20December 1979
onthelimitationofnoiseemissionsfromsubsonicaircraft
(80/51/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 84 (2) thereof,
Having regard to the draft Directive submitted by the Commission,
Having regard to the opinion of the European Parliament(1),
Having regard to the opinion of the Economic and Social
Committee(2),
Whereas the programme of actionof the EuropeanCommun ities onthe
environment(3) shows clearly the importance of the problem of noise
and, in particular, the need to take action against noise due to airtraffic;
Whereas the priority programme of the Council for the study of air
transport questions refers to emissions from aircraft including noise;
Whereas aircraft noise should be reduced, taking into account environ-
mental factors, technical feasibility and economic consequences;
Whereas an appropriate way to reduce this nuisance would be to fix a
limit to noise emissions at source based on the standards specified in
this matter by the International Civil Aviation Organization,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Each Member State shall ensure that any civil subsonic jet or
propellor-driven aeroplane registered in its territory and falling withinone of the categories set out in Volume I (Aircraft Noise) of Annex
16 to the Convention on international civil aviation, as applicable
from 26 November 1981, in accordance with Amendment 5, (herein-after referred to as Annex 16/5) may not be used in the territory ofMember States unless it has granted noise certification on the basis ofsatisfactory evidence that the aeroplane complies with requirementswhich are at least equal to the applicable standards specified in Part
II, Chapters 2, 3, 5 or 6 of Volume I of Annex 16/5.
Article 2
1. The documents attesting noise certification within the meaning of
Articles 1, 3, 4 and 5 may take the form of a separate noise certificate
or a suitable statement contained in another document approved by theState of registry and required by that State to be carried in the►
M1aeroplane ◄, and shall provide at least the following informa-
tion:
(a) State of registry and registration mark of the ►M1aeroplane ◄;
(b) manufacturer's serial number;
(c) manufacturer's type and model designation;
(d) statement of any additional modifications incorporated for the
purpose of compliance with the applicable noise certification stan-dards;1980L0051 — EN — 26.04.1983 — 001.001 — 2
(1) OJ No C 178, 2. 8. 1976, p. 61.
(2) OJ No C 299, 18. 12. 1976, p. 16.
(3) OJ No C 112, 20. 11. 1973, p. 1.▼M1
▼B
▼B
(e) the maximum ►M1mass◄at which compliance with the
applicable noise certification standards has been demonstrated;
(f) for aeroplanes for which application or certification is submitted on
or after 6 October 1977: the noise level(s) and their 90 % confi-
dence limits at the reference point(s) for which compliance with
the applicable noise certification standards has been demonstrated.
2. Member States shall recognize the validity of the documents
referred to inparagraph 1 issued by the certifyin g authorities of a State
of registry which is also a Member State.
Article 3
1. Each Member State shall ensure that all civil propellor-driven
aeroplanes with a maximum certificated take-off mass not exceeding5 700 kg and all civil subsonic jet aeroplanes if they do not fall within
one of the categories set out in Volume I of Annex 16/5, but use aero-
dromes situated inan y Member State, are certificated inaccordan cewith requirements which are at least equal to the applicable standardsspecified in Part II, Chapter 2 or 6 of Volume I of Annex 16/5 whenbeing newly registered in its territory.
2. Paragraph 1 shall apply from the following dates:
— propeller-driven aeroplanes: at the latest six months after notifica-
tionof this Directive,
— subsonic jet aeroplanes: at the latest one month after notification of
this Directive.
3. By way of exceptionfrom paragraph 1, Member States may
decide to agree to register the propeller-drivenaeroplan es referred toin paragraph 1 from another Member State after the date indicated in
paragraph 2, if they ensure that such aeroplanes operate only in their
territory or in that of consenting States.
Article 4
1. The following shall be exempted from the provisions of Article 3:
(i)►
M1aeroplanes ◄not satisfying the applicable requirements for
noise certification when they can be equipped to these standards
provided that:
(a) suitable conversion equipment exists for the
►M1aeroplane ◄type inquestion ;
(b)►M1aeroplanes ◄fitted with such equipment are capable of
achieving the standards required for noise certification;
(c) such equipment is actually available; and
(d) the operator has ordered the equipment;
the appropriate equipment must be fitted within not more than two
years from the date of registration;
(ii)►M1aeroplanes ◄which have beenused before 1 July 1979 by
operators of a Member State under hire-purchase or leasingcontracts concluded, at the latest, by that date, and which for thisreason, have been registered in a State other than that in whichthey are used.
2. Member States may exempt from the provisions of Article 3
►
M1aeroplanes ◄which do not satisfy the applicable requirements
for noise certification in the case of:
(a)►M1aeroplanes ◄which replace an equivalent number of
►M1aeroplanes ◄which have been accidentally destroyed and
which cannot be replaced by a comparable ►M1aeroplane ◄
with noise certification available on the market, provided that theregistrationof the replacemen t ►
M1aeroplane ◄is carried out
within one year following the destruction in question;
(b)►M1aeroplanes ◄of historic interest;1980L0051 — EN — 26.04.1983 — 001.001 — 3
▼M1
▼B
▼B
(c)►M1aeroplanes ◄inrespect of which anoperator demon strates
that the pursuit of his operations would otherwise be adverselyaffected to an unreasonable extent, provided always that in such
cases they be removed from the register not later than 31 December
1984.
A Member State may, however, require ►
M1aeroplanes ◄covered
by the exemptions provided for in subparagraphs (b) and (c) of thisparagraph to comply with Article 3 if they use airports inthat Member
State. Member States which require such ►
M1aeroplanes ◄to
comply with Article 3 shall so inform other Member States and theCommission.
Article 5
1. Without prejudice to Article 1, each Member State shall ensure
that as from 1 January 1987 civil subsonic jet aeroplanes registered inits territory may not be used in the territory of Member States unless ithas granted noise certification on the basis of satisfactory evidence thatthese aeroplanes comply with requirements which are at least equal tothe standards specified in Part II, Chapter 2, of Volume I of Annex 16/
5.
2. The competent authorities of the Member States may grant
temporary exemptions from paragraph 1 or from Article 7 (2) if theoperator undertakes to replace the aeroplanes concerned, by 31December 1988 at the latest, by other aeroplanes available on the
market which comply with requirements which are at least equal to
the noise standards specified in Part II, Chapter 3, of Volume I ofAnnex 16/5.
Article 6
►
M11.◄In exceptional individual cases Member States may
permit the temporary use ontheir territory of ►M1aeroplanes ◄
which cannot be put into service on the basis of the other provisionsof this Directive.
2. Member States may authorize the use of civil propellor-driven
aeroplanes with a maximum certificated take-off mass exceeding5 700 kg which are specially designed and manufactured in very fewunits, and used for the transportation of aeronautical industry productsof exceptional sizes, and which cannot be put into service on the basis
of the other provisions of this Directive, if they ensure that such aero-
planes operate only in their territory or in that of other consentingStates.
A Member State shall, before granting an authorization in accordance
with this paragraph, inform the Commission thereof.
Article 7
►
M11.◄Member States shall endeavour to take the appropriate
measures to ensure that ►M1aeroplanes ◄which are not registered
ina Member State but which use airports intheir territory meetrequirements at least as stringent as those which the
►
M1aeroplanes ◄of the Member States subject to Articles 1 to 6
must meet.
2. As from 1 January 1988, Member States shall not permit the
operation in their territories of civil subsonic jet aeroplanes which are
not registered in a Member State and which do not comply withrequirements which are at least equal to the noise standards specifiedin Part II, Chapter 2, of Volume I of Annex 16/5.
3. The competent authorities of the Member States may allow
temporary exemptions from paragraph 2 if the operator furnishes proof1980L0051 — EN — 26.04.1983 — 001.001 — 4
▼M1
▼B
▼M1
▼B
▼M1
▼M1
of the economic or technical impossibility of serving their airports by
means of aeroplanes which comply with the standards referred to inparagraph 2. Such exemptions must expire by 31 December 1989 at
the latest.
4. Paragraphs 2 and 3 of this Article shall not apply to Greenland.
Article 8
1. Without prejudice to Article 3 (1), Member States shall bring into
force the provisions necessary to comply with this Directive not laterthan six months after its notification and shall forthwith inform theCommissionthereof.
2. Member States shall ensure that the texts of the main provisions
of national law which they adopt in the field governed by this Directive
are communicated to the Commission.
Article 9
This Directive is addressed to the Member States.1980L0051 — EN — 26.04.1983 — 001.001 — 5
▼B