2002L0030 — EN — 01.05.2004 — 001.001 — 1
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►B DIRECTIVE2002/30/ECOFTHEEUROPEANPARLIAMENTANDOFTHECOUNCIL
of26March2002
on the establishment of rules and procedures with regard to the introduction of noise-related
operatingrestrictions atCommunityairports
(TextwithEEArelevance)
(OJ L 85, 28.3.2002, p. 40)
Amended by:
Official Journal
No page date
►A1Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,the Republic of Lithuania, the Republic of Hungary, the Republic ofMalta, the Republic of Poland, the Republic of Slovenia and the SlovakRepublic and the adjustments to the Treaties on which the EuropeanUnion is foundedL 236 33 23.9.2003
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DIRECTIVE 2002/30/EC OF THE EUROPEAN PARLIAMENT
ANDOFTHECOUNCIL
of26March2002
on the establishment of rules and procedures with regard to the
introduction of noise-related operating restrictions at Community
airports
(TextwithEEArelevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 80(2) thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social
Committee (2),
Having regard to the opinion of the Committee of the Regions (3),
Acting in accordance with the procedure laid down in Article 251 of
the Treaty (4),
Whereas:
(1)A key objective of the common transport policy is sustainable
development. This requires an integrated approach aimed atensuring both the effective functioning of the Community'stransport systems and the protection of the environment.
(2)Sustainable development of air transport necessitates the intro-duction of measures aimed at reducing the noise nuisance fromaircraft at airports with particular noise problems.
(3)A new, more stringent noise certification standard, defined in
Volume 1, Part II, Chapter 4 of Annex 16 to the Convention on
International Civil Aviation, has been established within theframework of the International Civil Aviation Organisation(ICAO) and will contribute to an improvement in the noiseclimate around airports in the longer term.
(4)The Chapter 4 standard has been established for certification ofaircraft and not as a basis for the introduction of operating
restrictions.
(5)The gradual removal of Chapter 2 aeroplanes pursuant to
Council Directive 92/14/EEC of 2 March 1992 on the limitationof the operation of aeroplanes covered by Part II, Chapter 2,Volume 1 of Annex 16 to the Convention on International CivilAviation, second edition (1988)(
5) will be completed on 1 April
2002 and new measures will be required to prevent a deteriora-
tion in the noise climate after 2002, assuming continued growth
of air transport in Europe.
(6)The use of aeroplanes with a better environmental performancecan contribute to a more effective use of available airport capa-city and facilitate airport infrastructure development in line withmarket requirements.
(7)A common framework of rules and procedures for the introduc-tion of operating restrictions at Community airports, as part of a2002L0030 — EN — 01.05.2004 — 001.001 — 2
(1) OJ C 75 E, 26.3.2002, p. 318.
(2) Opinion delivered on 20 March 2002 (not yet published in the Official
Journal).
(3) Opinion delivered on 14 March 2002 (not yet published in the Official
Journal).
(4) Opinion of the European Parliament of 13 March 2002 (not yet published in
the Official Journal). Council Decision of 26 March 2002.
(5) OJ L 76, 23.3.1992, p. 21. Directive as last amended by Commission Regu-
lation (EC) No 991/2001 (OJ L 138, 22.5.2001, p. 12).
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balanced approach on noise management, will help safeguard
internal market requirements by introducing similar operatingrestrictions at airports with broadly comparable noise problems.
This includes assessment of the noise impact at an airport and
evaluation of the measures available to alleviate that impact,and selection of the appropriate mitigation measures with thegoal of achieving the maximum environmental benefit mostcost effectively.
(8)Council Regulation (EEC) No 2408/92 of 23 July 1992 onaccess for Community air carriers to intra-Community airroutes (
1) provides in Articles 8 and 9 for, inter alia , publication
and examination of new operating restrictions: the relationship ofthose provisions with this Directive should be set out.
(9)The legitimate interest of the air transport sector in applyingcost-effective solutions for meeting noise management goalsshould be recognised.
(10)The 33rd ICAO Assembly has adopted Resolution A33/7 intro-
ducing the concept of a ‘balanced approach’ to noise
management, thereby establishing a policy approach to addressaeroplane noise, including international guidance for the intro-duction of operating restrictions on an airport-by-airport basis.The ‘balanced approach’ concept of aircraft noise managementcomprises four principal elements and requires careful assess-
ment of all different options to mitigate noise, including
reduction of aeroplane noise at source, land-use planning andmanagement measures, noise abatement operational proceduresand operating restrictions, without prejudice to relevant legalobligations, existing agreements, current laws and establishedpolicies.
(11)The balanced approach is an important step towards achievingnoise-reduction. But if effective and sustainable noise-reductionis to be achieved, more stringent technical standards, such asmore stringent noise standards for aircraft combined with actionto take noisy aircraft out of service, will also be necessary.
(12)A Directive of the European Parliament and of the Council onthe assessment and management of environmental noise (
2)
which is a horizontal measure covering all modes of transporthas introduced a common approach for the assessment and
management of environmental noise. It aims at monitoring the
environmental problem caused by noise in major agglomerationsand in the vicinity of main transport infrastructures, includingairports, at making information on environmental noise and itseffects available to the public, and at requesting competentauthorities to draw up action plans with a view to preventing
and reducing environmental noise where necessary and to preser-
ving environmental noise quality where it is good.
(13)Council Directive 85/337/EEC of 27 June 1985 on the assess-ment of the effects of certain public and private projects on theenvironment (
3) already provides for a comprehensive assessment
of airport projects including noise mitigation. This can be
considered as meeting, in part, the assessment requirements ofthis Directive in the case of airport infrastructure extensionprojects.
(14)Such an assessment may demonstrate that the objectives can
only be achieved by a restriction on new services and the
gradual withdrawal of aeroplanes that meet the Chapter 3 noisecertification standard by a small margin.2002L0030 — EN — 01.05.2004 — 001.001 — 3
(1) OJ L 240, 24.8.1992, p. 8.
(2) This Directive is being drawn up and will apply after its adoption.
(3) OJ L 175, 5.7.1985, p. 40. Directive as amended by Council Directive 97/
11/EC, (OJ L 73, 14.3.1997, p. 5).
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(15)The particular noise problems of airports which are located in
the centre of large conurbations (‘city airports’) should be recog-
nised by allowing for the introduction of more stringent rules.
(16)It is necessary to finalise the indicative list of city airports on thebasis of information to be provided by Member States.
(17)The extension of airport infrastructure should be facilitated witha view to safeguarding the sustainable development of air trans-port activities.
(18)It is necessary to allow for the continuation of existing airport-specific noise management measures and for certain technical
changes to operating restrictions of a partial nature.
(19)Undue economic hardship for operators from developing coun-
tries should be avoided by allowing for the granting ofexemptions where appropriate, and such provision should
include safeguards to avoid abuse.
(20)It is necessary to ensure transparency and consultation of all
interested parties regarding proposals for noise-related measures,including the introduction of new operating restrictions.
(21)Operators should be given a reasonable period of advance noticewhen new operating restrictions are to be introduced.
(22)Provisions should be adopted to ensure the right of appealagainst the introduction of operating restrictions to an appealbody, which may be a court.
(23)The Directive is in accordance with the principles of subsidiarityand proportionality as set out in Article 5 of the Treaty. Theintroduction of operating restrictions at Community airports cancontribute to the objective of preventing a worsening of the
noise climate around airports, but there is a possibility of intro-
ducing distortions of competition. The objective can therefore bemore effectively achieved by the Community by means ofharmonised rules on the introduction of operating restrictions aspart of the noise management process. The Directive confinesitself to the minimum required in order to achieve this objective
and does not go beyond what is necessary for that purpose.
(24)The measures necessary for the implementation of this Directive
should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for theexercise of implementing powers conferred on the Commis-
sion(
1).
(25)The measures provided for by this Directive supersede those
provided by Council Regulation (EC) No 925/1999 of 29 April1999 on the registration and operation within the Community of
certain types of civil subsonic jet aeroplanes which have been
modified and recertificated as meeting the standards of volume1, Part II, Chapter 3 of Annex 16 to the Convention on Interna-tional Civil Aviation, third edition (July 1993)(
2). That
Regulation should therefore be repealed,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Objectives
The objectives of this Directive are
(a) to lay down rules for the Community to facilitate the introduction
of operating restrictions in a consistent manner at airport level so as
to limit or reduce the number of people significantly affected bythe harmful effects of noise;2002L0030 — EN — 01.05.2004 — 001.001 — 4
(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 115, 4.5.1999, p. 1.
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(b) to provide a framework which safeguards internal market require-
ments;
(c) to promote development of airport capacity in harmony with the
environment;
(d) to facilitate the achievement of specific noise abatement objectives
at the level of individual airports;
(e) to enable measures to be chosen from those available with the aim
of achieving maximum environmental benefit in the most cost-
effective manner.
Article 2
Definitions
For the purpose of this Directive:
(a) ‘Airport’ shall mean a civil airport within the Community which
has more than 50 000 movements of civil subsonic jet aeroplanesper calendar year (a movement being a take-off or landing), takinginto consideration the average of the last three calendar yearsbefore the application of the rules of this Directive to the airport
in question;
(b) ‘City airport’ shall mean an airport in the centre of a large conur-
bation, of which no runway has a take-off run available of morethan 2 000 metres and which provides only point-to-point servicesbetween or within European states, where a significant number ofpeople are objectively affected by aircraft noise and where anyincremental increase in aircraft movements represents a particularly
high annoyance in the light of the extreme noise situation. These
airports are listed in Annex I. That Annex may be amended inaccordance with the procedure laid down in Article 13(3);
(c) ‘Civil subsonic jet aeroplanes’ shall mean aeroplanes with a
maximum certificated take-off mass of 34 000 kg or more, or witha certified maximum internal accommodation for the aeroplanetype in question consisting of more than 19 passenger seats,
excluding any seats for crew only;
(d) ‘Marginally compliant aircraft’ shall mean civil subsonic jet aero-
planes, that meet the certification limits laid down in Volume 1,Part II, Chapter 3 of Annex 16 to the Convention on InternationalCivil Aviation by a cumulative margin of not more than 5EPNdB(Effective Perceived Noise in decibels), whereby the cumulativemargin is the figure expressed in EPNdB obtained by adding the
individual margins (i.e. the differences between the certificated
noise level and the maximum permitted noise level) at each of thethree reference noise measurement points as defined in Volume 1,Part II, Chapter 3 of Annex 16 to the Convention on InternationalCivil Aviation;
(e) ‘Operating restrictions’ shall mean noise related action that limits
or reduces access of civil subsonic jet aeroplanes to an airport. It
includes operating restrictions aimed at the withdrawal from opera-
tions of marginally compliant aircraft at specific airports as well asoperating restrictions of a partial nature, affecting the operation ofcivil subsonic aeroplanes according to time period;
(f) ‘Interested parties’ shall mean natural or legal persons affected or
likely to be affected by, or having a legitimate interest in the intro-duction of, noise reduction measures, including operating
restrictions;
(g) ‘Balanced approach’ shall mean an approach under which Member
States shall consider the available measures to address the noiseproblem at an airport in their territory, namely the foreseeableeffect of a reduction of aircraft noise at source, land-use planningand management, noise abatement operational procedures and oper-ating restrictions.2002L0030 — EN — 01.05.2004 — 001.001 — 5
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Article 3
Competentauthorities
Member States shall ensure that there are competent authorities respon-
sible for matters falling within the scope of this Directive.
Article 4
General rulesonaircraft noisemanagement
1. Member States shall adopt a balanced approach in dealing with
noise problems at airports in their territory. They may also consider
economic incentives as a noise management measure.
2. When considering operating restrictions, the competent authorities
shall take into account the likely costs and benefits of the various
measures available as well as airport-specific characteristics.
3. Measures or a combination of measures taken under this Directive
shall not be more restrictive than necessary in order to achieve theenvironmental objective established for a specific airport. They shallbe non-discriminatory on grounds of nationality or identity of aircarrier or aircraft manufacturer.
4. Performance-based operating restrictions shall be based on the
noise performance of the aircraft as determined by the certification
procedure conducted in accordance with Volume 1 of Annex 16 to the
Convention on International Civil Aviation, third edition (July 1993).
Article 5
Rulesonassessment
1. When a decision on operating restrictions is being considered, the
information as specified in Annex II shall, as far as appropriate andpossible, for the operating restrictions concerned and for the character-
istics of the airport, be taken into account.
2. Where airport projects are subject to an environmental impact
assessment pursuant to Directive 85/337/EEC, the assessment carried
out in accordance with that Directive shall be considered as meetingthe requirements of paragraph 1, provided that the assessment has takeninto account as far as possible the information as specified in Annex IIto this Directive.
Article 6
Rules on the introduction of operating restrictions aimed at the
withdrawalofmarginally compliantaircraft
1. If the assessment of all available measures, including operating
restrictions of a partial nature, carried out in conformity with therequirements of Article 5 demonstrates that the achievement of theobjectives of this Directive requires the introduction of restrictionsaimed at the withdrawal of marginally compliant aircraft, the following
rules shall apply instead of the procedure laid down in Article 9 of
Regulation (EEC) No 2408/92 at the airport under consideration:
(a) six months after the completion of the assessment and decision on
the introduction of an operating restriction, no services over andabove those operated in the corresponding period of the previousyear shall be allowed with marginally compliant aircraft at thatairport;
(b) not less than six months thereafter, each operator may be required
to reduce the number of movements of his marginally compliantaircraft serving that airport at an annual rate of not more than20 % of the initial total number of these movements.
2. Subject to the rules on assessment of Article 5, city airports listed
in Annex I may introduce measures that are more stringent, in terms ofthe definition of marginally compliant aircraft provided that thesemeasures do not affect civil subsonic jet aeroplanes that comply,2002L0030 — EN — 01.05.2004 — 001.001 — 6
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through either original certification or recertification, with the noise
standards in Volume 1, Part II, Chapter 4 of Annex 16 to the Conven-tion on International Civil Aviation.
Article 7
Existingoperatingrestrictions
Article 5 shall not apply to:
(a) operating restrictions that were already established on the date of
entry into force of this Directive;
(b) minor technical changes to operating restrictions of a partial nature
that do not have any significant cost implications for the airline
operators at any given Community airport and that have been intro-duced after the entry into force of this Directive.
Article 8
Exemptionforaircraft registered indevelopingcountries
Marginally compliant aircraft registered in developing countries shall,
for a period of 10 years after the entry into force of this Directive, be
exempted from the provisions of Article 6, provided that:
(a) such aircraft, granted noise certification to the standards specified
in Volume 1, Part II, Chapter 3 of Annex 16 to the Convention onInternational Civil Aviation, were used at the airport concerned in
the Community between 1 January 1996 and 31 December 2001
(‘the reference period’), and
(b) these aircraft were, in the reference period, on the register of the
developing country concerned and that they continue to be operatedby a natural or legal person established in that country.
Article 9
Exemptionforaircraft operationsofanexceptional nature
In individual cases, Member States may authorise, at airports situated
in their territory, individual operations of marginally compliant aircraft
which could not take place on the basis of the other provisions of this
Directive.
This exemption is limited to:
(a) aircraft whose individual operations are of such an exceptional
nature that it would be unreasonable to withhold a temporaryexemption;
(b) aircraft on non-revenue flights for the purpose of alterations, repair
or maintenance.
Article 10
Consultationandtransparency
Member States shall ensure that, for the application of Articles 5 and 6,
procedures for consultation of interested parties are established in
accordance with applicable national law.
Article 11
Prior notice
1. Member States shall ensure that on the introduction of any new
operating restriction, public notice, including an explanation of thereasons for introducing it taking into account the appropriate elements
of the balanced approach, is given to all interested parties:
(a) six months before the entry into force of the measures referred to
in Article 6(1)(a);
(b) one year before the entry into force of the measures referred to in
Article 6(1)(b) and (2);2002L0030 — EN — 01.05.2004 — 001.001 — 7
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(c) in the case of measures under Article 6, two months before the
scheduling-conference for the relevant scheduling-period.
2. Member States shall forthwith inform the other Member States
and the Commission of any new operating restriction within themeaning of this Directive that they have decided to introduce at anairport in their territory.
Article 12
Rightofappeal
Member States shall ensure the right to appeal against the measures
taken pursuant to Article 6 and Article 7(b) before an appeal body
other than the authority that has adopted the contested measure, inaccordance with national legislation and procedures.
Article 13
Committee
1. The Commission shall be assisted by the Committee instituted by
Article 11 of Regulation (EEC) No 2408/92.
2. The Committee may be consulted by the Commission on any
matter concerning the application of this Directive.
3. When reference is made to this paragraph, Articles 5 and 7 of
Decision 1999/468/EC shall apply, having regard to the provisions ofArticle 8 thereof.
4. The Committee shall take note of the assessments undertaken by
the Member States in accordance with Article 5, and of the measurestaken, or intended to be taken, on the basis of these assessments.
Article 14
Informationandrevision
Member States shall upon request submit information on the applica-
tion of this Directive to the Commission.
No later than five years after the entry into force of this Directive the
Commission shall report to the European Parliament and to the Councilon the application of this Directive.
The report shall be accompanied, where necessary, by proposals for
revision of the Directive.
It shall contain an assessment of the effectiveness of this Directive, in
particular the need to revise the definition of marginally compliantaircraft as laid down in Article 2(d) in favour of a more stringentrequirement.
Article 15
Repeal
Regulation (EC) No 925/1999 shall be repealed as from the date of
entry into force of this Directive.
Article 16
Implementation
Member States shall bring into force the laws, regulations and admin-
istrative provisions necessary to comply with this Directive by 28
September 2003 at the latest. They shall forthwith inform the Commis-
sion thereof.
When Member States adopt these measures, they shall contain a refer-
ence to this Directive or be accompanied by such a reference on theoccasion of their official publication. The methods of making such areference shall be laid down by the Member States.2002L0030 — EN — 01.05.2004 — 001.001 — 8
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Article 17
Entryintoforce
This Directive shall enter into force on the day of its publication in the
Official Journal of the European Communities .
Article 18
Addressees
This Directive is addressed to the Member States.2002L0030 — EN — 01.05.2004 — 001.001 — 9
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ANNEX I
Listofcityairports
Berlin-Tempelhof
Stockholm Bromma
London CityBelfast City
Port lotniczy Łód ź- Lublinek2002L0030 — EN — 01.05.2004 — 001.001 — 10
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ANNEX II
Informationreferred toinArticle 5(1)
1. Current inventory
1.1. A description of the airport including information about its capacity, loca-
tion, surroundings, air traffic volume and mix and runway mix.
1.2. A description of the environmental objectives for the airport and the
national context.
1.3. Details of noise contours for the current and previous years — including an
assessment of the number of people affected by aircraft noise. Description
of the computational method used to develop the contours.
1.4. A description of measures to reduce aircraft noise already implemented: for
example, information on land-use planning and management; noise insula-
tion programmes; operating procedures such as PANS-OPS; operation
restrictions such as noise limits, night limits/curfew, noise charges; prefer-
ential runway use, noise preferred routes/track-keeping, and noise
monitoring.
2. Forecast without new measures
2.1. Descriptions of airport developments (if any) already approved and in the
programme, for example, increased capacity, runway and/or terminal
expansion, and the projected future traffic mix and estimated growth.
2.2. In case of airport capacity extension, the benefits of making that additional
capacity available.
2.3. A description of effect on noise climate without further measures, and of
those measures already planned to lessen that noise impact over the same
period.
2.4. Forecast noise contours — including an assessment of the number of
people likely to be affected by aircraft noise — distinguish between estab-
lished residential areas and newly constructed residential areas.
2.5. Evaluation of the consequences and possible costs of not taking action to
lessen the impact of increased noise — if it is expected to occur.
3. Assessment of additional measures
3.1. Outline of the additional measures available as part of the different options
mentioned in Article 4(1) and in particular an indication of the main
reasons for their selection. Description of those measures chosen for further
analysis and fuller information on the cost of introducing these measures;
the number of people expected to benefit and timeframe; and a ranking of
the overall effectiveness of particular measures.
3.2. Assessment of the cost/effectiveness or cost/benefit of the introduction of
specific measures, taking account of the socio-economic effects of the
measures on the users of the airport: operators (passenger and freight);
travellers and local communities.
3.3. An overview of the possible environmental and competitive effects of the
proposed measures on other airports, operators and other interested parties.
3.4. Reasons for selection of the preferred option.3.5. A non-technical summary.
4. Relation with the Directive of the European Parliament and of
the Council on the assessment and management of environ-
mental noise
4.1. When and where noise maps or action plans have been prepared under the
terms of the said Directive these will be used for providing the information
required in this Annex.
4.2. The assessment of noise exposure (i.e. establishment of noise contours and
number of people affected) shall be carried out using at least the common
noise indicators Lden and Lnight as specified in the abovementioned Direc-
tive, where available.2002L0030 — EN — 01.05.2004 — 001.001 — 11