1992L0014 — EN — 09.03.1992 — 000.001 — 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)
Corrected by:
►C1 Corrigendum, OJ L 168, 23.6.1992, p. 30 (92/14)
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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,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Article 84 (2) thereof,
Having regard to the proposal from the Commission (
1),
Having regard to the opinion of the European Parliament (2),
Having regard 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, owing to the problem of growing congestion 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, supplementing existing rules; whereas this is particularlyimportant in view of the recent trend towards progressive liberalizationof European air traffic;
Whereas aeroplane noise should be further reduced, taking into 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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Whereas special consideration should be given to the problems ofdeveloping nations;
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 kg or more or with a ◄certified maximum
internal accommodation for the aeroplane type in question consisting ofmore than nineteen passenger seats, excluding any seats for crew only.
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 operating from 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.
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
(b) these aeroplanes were on the register of the developing nations
shown in the Annex in the reference year and continue to beoperated by natural or legal persons established in those countries.
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 airline demonstrates that the pursuit of its opera-tions would otherwise be adversely affected to an unreasonable 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;
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(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 airline has ordered the equipment by 1 April 1994;
(d) the airline has accepted the earliest delivery date for such altera-
tions.
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 airline accepted the earlistdelivery date.
Article 7
Subject to the approval of the competent authority of a Member State,
airlines may not be required under Article 2 (1) to delete from theregisters aeroplanes which do not meet the standards of Chapter 3 ofAnnex 16 at an annual rate equivalent to more than 10 % of their totalcivil subsonic jet fleet.
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.
Article 10
1. Member States shall bring into force the laws, regulations 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 making such 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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Aeroplane
Type RegistrationOperator
Aeroplane
Type RegistrationOperator
Aeroplane
Type RegistrationOperator
Aeroplane
Type RegistrationOperatorANNEX
LIST OF AIRCRAFT EXEMPTED IN ACCORDANCE WITH ARTICLE 3
ALGERIA
B-727-2D6 7T-VEH AIR ALGERIE
B-727-2D6 7T-VEI AIR ALGERIE
B-727-2D6 7T-VEM AIR ALGERIE
B-727-2D6 7T-VEP AIR ALGERIE
B-737-2D6 7T-VEE AIR ALGERIE
B-737-2D6 7T-VEG AIR ALGERIE
B-737-2D6 7T-VEJ AIR ALGERIE
B-737-2D6 7T-VEK AIR ALGERIE
B-737-2D6 7T-VEL AIR ALGERIE
B-737-2D6 7T-VEN AIR ALGERIE
B-737-2D6 7T-VED AIR ALGERIE
B-737-2D6 7T-VEQ AIR ALGERIE
BURKINA FASO
B-707-336C XT-ABX NAGANGANNI
CHILE
B-707-331C CC-CUE FAST AIR CARRIER SF
DOMINICAN REPUBLIC
B-707-399C HI-422CT DOMINICANA DE AVIACIÓN
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Aeroplane
Type RegistrationOperator
Aeroplane
Type RegistrationOperator
Aeroplane
Type RegistrationOperator
Aeroplane
Type RegistrationOperatorEGYPT
B-707-328C SU-DAA ZAS AIRLINE
B-707-336C SU-DAC ZAS AIRLINE
B-737-266 SU-BBX EGYPT AIR
B-737-266 SU-AYL EGYPT AIR
B-737-266 SU-AYK EGYPT AIR
B-737-266 SU-AYI EGYPT AIR
B-737-266 SU-BBW EGYPT AIR
B-737-266 SU-AYO EGYPT AIR
GHANA
F-28-2000 9G-ABZ GHANA AIRWAYS CORPORATION
KENYA
DC-8-63 5Y-ZEB AFRICAN SAFARI AIRWAYS Ltd
LIBYA
B 727-2L5 5A-DIC LYBYAN ARAB AIRLINES
B 727-2L5 5A-DIB LYBYAN ARAB AIRLINES
B 727-2L5 5A-DIA LYBYAN ARAB AIRLINES
B 727-2L5 5A-DID LYBYAN ARAB AIRLINES
B 727-2L5 5A-DIE LYBYAN ARAB AIRLINES
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Aeroplane
Type RegistrationOperator
Aeroplane
Type RegistrationOperator
Aeroplane
Type RegistrationOperator
Aeroplane
Type RegistrationOperatorMAURITANIA
F 28-4000 5T-CLF AIR MAURITANIE
F 28-4000 5T-CLG AIR MAURITANIE
MOROCCO
B 727-2B6 CN-RMO ROYAL AIR MAROC
B 727-2B6 CN-CCF ROYAL AIR MAROC
B 727-2B6 CN-CCG ROYAL AIR MAROC
B 727-2B6 CN-CCH ROYAL AIR MAROC
B 727-2B6 CN-CCW ROYAL AIR MAROC
B 737-2B6 CN-RMI ROYAL AIR MAROC
B 737-2B6 CN-RMJ ROYAL AIR MAROC
B 737-2B6 CN-RMK ROYAL AIR MAROC
B 707-351C CN-RMB ROYAL AIR MAROC
B 707-351C CN-RMC ROYAL AIR MAROC
NIGERIA
B 707-351C 5N-ASY EAS CARGO AIRLINES
B 707-338C 5N-ARQ DAS AIR CARGO
B 707-3F9C 5N-ABK NIGERIA AIRWAYS Ltd
RWANDA
B 707-328C 9XR-JA AIR RWANDA
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Aeroplane
Type RegistrationOperator
Aeroplane
Type RegistrationOperator
Aeroplane
Type RegistrationOperator
Aeroplane
Type RegistrationOperator
Aeroplane
Type RegistrationOperator
Aeroplane
Type RegistrationOperatorSUDAN
B 707-338C ST-ALP TRANS ARABIAN AIR TRANSPORT
PARAGUAY
DC-8-63 ZP-CCH LÍNEAS AÉREAS PARAGUAYAS (AIR PARA-
GUAY)
URUGUAY
B-707-387B CX-BNU PRIMERAS LÍNEAS URUGUAYAS DE NAVEGA-
CIÓN AÉREA (PLUMA)
SWAZILAND
DC-8F-54 3D-ADV AFRICAN INTERNATIONAL AIRWAYS (PTY)
Ltd
TUNISIA
B-727-2H3 TS-JHT TUNIS AIR
ZAIRE
B-707-329C 90-CBS SCIBE AIRLIFT
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Aeroplane
Type RegistrationOperatorZIMBABWE
B-707-330B Z-WKU AIR ZIMBABWE
B-707-330B Z-WKV AFRICAN AIRLINES INTERNATIONAL