1992L0014 — EN — 27.04.1998 — 001.001 — 1
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►B COUNCIL DIRECTIVE 92/14/EEC
of 2March 1992
on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex
16 to the Convention on International Civil Aviation, second edition (1988)
(OJ L 76, 23.3.1992, p. 21)
Amended by:
Official Journal
No page date
►M1Council Directive 98/20/EC of 30 March 1998 L 107 4 7.4.1998
Corrected by:
►C1Corrigendum, OJ L 168, 23.6.1992, p. 30 (92/14)
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▼B
COUNCIL DIRECTIVE 92/14/EEC
of 2March 1992
on the limitation of the operation of aeroplanes covered by Part II,
Chapter 2, Volume 1 of Annex 16 to the Convention on Inter-
national Civil Aviation, second edition (1988)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European EconomicCommunity, and in particular Article 84 (2) thereof,
Havingreg ard to the proposal from the Commission(
1),
Havingreg ard to the opinion of the European Parliament(2),
Havingreg ard to the opinion of the Economic and Social Committee(3),
Whereas the application of noise emission standards to civil subsonic jet
aeroplanes has significant consequences for the provision of air trans-port services, in particular where such standards limit the useful life ofaeroplanes operated by airlines; whereas Council Directive 80/51/EEC (
4), fixes limits on emission of such noise;
Whereas Council Directive 89/629/EEC (5) limits the addition to the
civil air registers of Member States of aeroplanes that only comply withthe standards specified in Part II, Chapter 2, Volume 1 of Annex 16 tothe Convention on International Civil Aviation, second edition (1988);whereas that Directive specifies that the limitation on addition is only afirst stage;
Whereas the programme of action of the European Communities on the
environment(
6) shows clearly the importance of the problem of noise
and, in particular, the need to take action against noise due to air traffic;
Whereas, owingto the problem of g rowingcong estion at Community
airports, it is essential to ensure that the best use is made of existingfacilities; whereas this will only be possible if environmentally accept-able aeroplanes are used;
Whereas the work undertaken by the Community in cooperation with
other international bodies indicates that measures to limit the operationof aeroplanes which do not comply with the standards of Chapter 3 ofAnnex 16 must follow any non-addition rule in order for this to be ofenvironmental benefit;
Whereas common rules for this purpose should be introduced on a
reasonable time-scale to ensure a harmonized approach throughout theCommunity, supplementingexistingrules; whereas this is particularlyimportant in view of the recent trend towards progressive liberalizationof European air traffic;
Whereas aeroplane noise should be further reduced, takinginto account
environmental factors, technical feasibility and economic consequences;
Whereas it is appropriate to restrict the operation of civil subsonic jet
aeroplanes on Member States’ registers to those which comply with thestandards of Chapter 3 of Annex 16; whereas a timetable for the gradualwithdrawal from Member States’ registers of those aeroplanes which donot meet Chapter 3 standards would represent a facility both for airlinesand for manufacturers;
(1) OJ No C 111, 26. 4. 1991, p. 5.
(2) OJ No C 13, 20. 1. 1992.
(3) OJ No C 339, 31. 12. 1991, p. 89.
(4) OJ No L 18, 24. 1. 1990, p. 26. Directive amended by Directive 83/
206/EEC (OJ No L 117, 4. 5. 1983, p. 15).
(5) OJ No L 363, 13. 12. 1989, p. 27.
(6) OJ No C 328, 7. 12. 1987, p. 1.
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▼B
Whereas special consideration should be given to the problems of
developingnations;
Whereas in cases of technical or economic difficulty, it would be
reasonable to grant limited exemptions,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. The objective of this Directive is to restrict the operation of civil
subsonic jet aeroplanes as specified in Article 2.
2. This Directive shall apply to aeroplanes with a ►C1maximum
take-off mass of 34 000 kgor more or with a ◄certified maximum
internal accommodation for the aeroplane type in question consistingofmore than nineteen passenger seats, excluding any seats for crew only.
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3. For the purposes of this Directive:
‘air carrier' means an air transport undertakingwith a valid operating
licence;
‘operatinglicence' means an authorisation g ranted to an undertaking
permitting it to carry out carriage by air of passengers, mail and/orcargo for remuneration and/or hire;
‘Community air carrier' means an air carrier with a valid operating
licence granted by a Member State in accordance with Council Regula-tion (EEC) No 2407/92 of 23 July 1992 on licensingof air carriers(
1);
‘total civil subsonic jet fleet' means the total aircraft fleet of civil
subsonic jet aeroplanes at the disposal of the air carrier, through owner-ship or any form of lease agreement of not less than one year.
▼
B
Article 2
1. Member States shall ensure that, as from 1 April 1995, civil
subsonic jet aeroplanes fitted with engines having a by-pass ratio of lessthan two cannot operate at airports situated in their territory unlessgranted noise certification either:
(a) to the standards specified in Part II, Chapter 3, Volume 1 of Annex
16 to the Convention on International Civil Aviation, second edition(1988); or
(b) to the standards specified in Part II, Chapter 2, Volume 1 of Annex
16 to the aforesaid Convention, provided that they were first issuedan individual certificate of airworthiness less than 25 years previ-ously.
2. Member States shall ensure that, as from 1 April 2002, all civil
subsonic jet aeroplanes operatingfrom airports situated in their territorycomply with the provisions of paragraph 1 (a).
3. The territory referred to in paragraphs 1 and 2 shall not include the
overseas departments referred to in Article 227 (2) of the Treaty.
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4. Before the date referred to in paragraph 2, the operation of civilsubsonic jet aeroplanes which do not comply with the provision ofparagraph 1(a) may be restricted or excluded at the airports of BerlinTegel and Berlin Tempelhof.
(1) OJ L 240, 24.8.1992, p. 1.
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Article 3
Aeroplanes listed in the Annex shall be exempt from the provisions of
Article 2 (1) (a) and (b) in so far as:
(a) such subsonic civil jet aeroplanes, granted noise certification to the
standards specified in Part II, Chapter 2, Volume 1 of Annex 16 tothe Convention on International Civil Aviation, second edition(1988), operated into Community airports in a 12-month referenceperiod between 1986 and 1990 selected in conjunction with theStates concerned; and
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(b) these aeroplanes were on the register of the developing nation
shown for that aeroplane in the Annex in the reference year andcontinue to be used either directly or under any form of leaseagreement by natural or legal persons established in that nation.
The exemption referred to in the precedingsubparag raph shall not apply
where the aeroplane is leased to a natural or legal person established ina country other than the one mentioned for that aeroplane in the Annex.
▼
B
Article 4
Member States may grant exemptions to the 25-year term specified in
Article 2 (1) (b), for not more than three years in total, for aeroplanes inrespect of which an ►
M1air carrier ◄demonstrates that the pursuit
of its operations would otherwise be adversely affected to an unreason-able extent.
Article 5
1. Member States shall exempt from Article 2 (1) aeroplanes which
do not meet the standards of Chapter 3 of Annex 16 but which can bealtered to meet those standards, provided that:
(a) suitable conversion equipment exists and is actually available for
the aeroplane type in question;
(b) aeroplanes fitted with such equipment meet the standards of
Chapter 3 of Annex 16, as determined in accordance with thetechnical standards and procedures accepted by the Member Statesuntil such time as common standards and procedures are establishedat Community level;
(c) the►
M1air carrier ◄has ordered the equipment by 1 April
1994;
(d) the►M1air carrier ◄has accepted the earliest delivery date for
such alterations.
2. Member States may grant exemptions from Article 2 for aero-
planes of historical interest.
Article 6
Member States may grant, on the basis of the principle of one exemp-
tion for each aeroplane ordered, exemptions from the provisions ofArticle 2 (1) for aeroplanes where an order has been placed before 1April 1994 for a replacement aeroplane that meets the standards ofChapter 3 of Annex 16, provided that the ►
M1air carrier ◄accepted
the earlist delivery date.
▼M1
Article 7
1. Member States may limit deletion from their registers of all
mention of aeroplanes which do not comply with the standards ofChapter 3 of Annex 16 to an equivalent annual rate of up to 10 % of thetotal civil subsonic jet fleet of a Community air carrier.
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2. Member States shall not apply the provisions of Article 2(1) in
respect of aeroplanes retained on the register of a Member State inaccordance with paragraph 1.
3. Where a Member State has applied an equivalent exemption to
that described in paragraphs 1 and 2 to aeroplanes on the register of athird country and operatinginto that Member State before this Directiveenters into force, the exemption may continue to be recognised subjectto compliance by the air carrier with the conditions.
▼
B
Article 8
In individual cases, Member States may permit the temporary use at
airports situated in their territory of aeroplanes which cannot be oper-ated on the basis of the other provisions of this Directive. This exemp-tion should be limited to:
(a) aeroplanes whose operations are of such an exceptional nature that
it would be unreasonable to withhold a temporary exemption;
(b) aeroplanes on non-revenue flights for the purposes of alterations,
repair or maintenance.
Article 9
1. Any Member State granting exemptions under Article 4 to 7 shall
inform the competent authorities of the other Member States and theCommission of the fact and of the grounds for its decision.
2. Any Member State shall recognize the exemptions granted by
another Member State in respect of aeroplanes on the registers of thelatter.
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Article 9a
Amendments to the Annex which may prove necessary in order to
ensure full conformity with the criteria set out in Article 3 shall beeffected accordingto the procedure defined in Article 9b(2).
Article 9b
1. The Commission shall be assisted by the committee provided for
in Council Regulation (EEC) No 3922/91 of 16 December 1991 on theharmonisation of technical requirements and administrative proceduresin the field of civil aviation(
1), which shall act in accordance with the
procedure outlined in paragraph 2.
2. The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee shalldeliver its opinion on the draft within a time limit which the chairmanmay lay down accordingto the urg ency of the matter. The opinion shallbe delivered by the majority laid down in Article 148(2) of the Treaty inthe case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of theMember States within the committee shall be weighted in the mannerset out in that Article. The chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged if they are
in accordance with the opinion of the committee.
(b) If the measures envisaged are not in accordance with the opinion
of the committee, or if no opinion is delivered, the Commissionshall, without delay, submit to the Council a proposal relatingtothe measures to be taken. The Council shall act by a qualifiedmajority.
(1) OJ L 373, 31.12.1991, p. 4. Regulation as amended by Regulation (EC)
No 2176/96 (OJ L 291, 14.11.1996, p. 15).
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If the Council has not acted within three months of the date of thereferral to it, the Commission shall adopt the measures proposed.
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B
Article 10
1. Member States shall bringinto force the laws, reg ulations and
administrative provisions necessary to comply with this Directive before1 July 1992.
When Member States adopt these measures, they shall contain a refer-
ence to this Directive or shall be accompanied by such reference on theoccasion of their official publication. The methods of makingsuch areference shall be laid down by Member States.
2. Member States shall communicate to the Commission the texts of
the provisions of national law which they adopt in the field governed bythis Directive.
Article 11
This Directive is addressed to the Member States.
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ANNEX
LIST OF AEROPLANES EXEMPTED IN ACCORDANCE WITH
ARTICLE 3
Note:Exemptions for aeroplanes in this Annex are granted within the general
framework of the United Nations policies and decisions (e.g. sanctions,embargo, etc.).
ALGERIA
Serial Number Type Registration Operator
20955 B727-2D6 7T-VEH Air Algérie
21053 B727-2D6 7T-VEI Air Algérie21210 B727-2D6 7T-VEM Air Algérie21284 B727-2D6 7T-VEP Air Algérie20884 B737-2D6 7T-VEG Air Algérie21063 B737-2D6 7T-VEJ Air Algérie21064 B737-2D6 7T-VEK Air Algérie21065 B737-2D6 7T-VEL Air Algérie21211 B737-2D6 7T-VEN Air Algérie20650 B737-2D6 7T-VED Air Algérie21285 B737-2D6 7T-VEQ Air Algérie
CONGO, DEMOCRATIC REPUBLIC OF
Serial Number Type Registration Operator
20200 B707-329C 9Q-CBW Scibe Airlift
DOMINICAN REPUBLIC
Serial Number Type Registration Operator
19767 B707-399C HI-442CT Dominicana de
Aviación
EGYPT
Serial Number Type Registration Operator
19843 B707-336C SU-PBA Air Memphis
19916 B707-328C SU-PBB Air Memphis21194 B737-266 SU-AYK Egypt Air21195 B737-266 SU-AYL Egypt Air21227 B737-266 SU-AYO Egypt Air
IRAQ
Serial Number Type Registration Operator
20889 B707-370C YI-AGE Iraqi Airways
20892 B737-270C YI-AGH Iraqi Airways20893 B737-270C YI-AGI Iraqi Airways
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LEBANON
Serial Number Type Registration Operator
20259 B707-3B4C OD-AFD MEA
20260 B707-3B4C OD-AFE MEA19967 B707-347C OD-AGV MEA19589 B707-323C OD-AHC MEA19515 B707-323C OD-AHD MEA20170 B707-323B OD-AHF MEA19516 B707-323C OD-AHE MEA19104 B707-327C OD-AGX TMA19105 B707-327C OD-AGY TMA18939 B707-323C OD-AGD TMA19214 B707-331C OD-AGS TMA19269 B707-321C OD-AGO TMA19274 B707-321C OD-AGP TMA
LIBERIA
Serial Number Type Registration Operator
45683 DC8F-55 EL-AJO Liberia World
Airlines
45686 DC8F-55 EL-AJQ Liberia World
Airlines
LIBYA
Serial Number Type Registration Operator
20245 B727-224 5A-DAI Libyan Arab
Airlines
21051 B727-2L5 5A-DIB Libyan Arab
Airlines
21052 B727-2L5 5A-DIC Libyan Arab
Airlines
21229 B727-2L5 5A-DID Libyan Arab
Airlines
21230 B727-2L5 5A-DIE Libyan Arab
Airlines
MAURITANIA
Serial Number Type Registration Operator
11093 F28-4000 5T-CLG Air Mauritanie
MOROCCO
Serial Number Type Registration Operator
20471 B727-2B6 CN-CCG Royal Air Maroc
21214 B737-2B6 CN-RMI Royal Air Maroc21215 B737-2B6 CN-RMJ Royal Air Maroc21216 B737-2B6 CN-RMK Royal Air Maroc
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NIGERIA
Serial Number Type Registration Operator
18809 B707-338C 5N-ARQ DAS Air Cargo
19664 B707-355C 5N-VRG Air Tours
PAKISTAN
Serial Number Type Registration Operator
20488 B707-340C AP-AXG PIA
SAUDI ARABIA
Serial Number Type Registration Operator
20574 B737-268C HZ-AGA Saudia
20575 B737-268C HZ-AGB Saudia20576 B737-268 HZ-AGC Saudia20577 B737-268 HZ-AGD Saudia20578 B737-268 HZ-AGE Saudia20882 B737-268 HZ-AGF Saudia20883 B737-268 HZ-AGG Saudia
SWAZILAND
Serial Number Type Registration Operator
45802 DC8F-54 3D-AFR African Inter-
national Airways
46012 DC8F-54 3D-ADV African Inter-
national Airways
TUNISIA
Serial Number Type Registration Operator
20545 B727-2H3 TS-JHN Tunis Air
20948 B727-2H3 TS-JHQ Tunis Air21179 B727-2H3 TS-JHR Tunis Air21235 B727-2H3 TS-JHT Tunis Air
UGANDA
Serial Number Type Registration Operator
19821 B707-379C 5X-JEF Dairo Air
Services
ZIMBABWE
Serial Number Type Registration Operator
18930 B707-330B Z-WKU Air Zimbabwe
45821 DC8F-55 Z-WMJ Affretair