COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 06.05.1998 
COM(1998) 265 final 
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 
concerning the establishment of a Community position for the discussions and 
negotiations on aviation environmental issues to be addressed by the 32nd session of 
the General Assembly of the International Civil Aviation Organisation (ICAO), 
Montreal, from 22 September to 2 October 1998 

SUMMARY 
The Secretary General of ICAO has invited the Commission to attend as observer on 
behalf of the European Community the 32nd session of the ICAO General Assembly, 
which will take place in Montreal from 22 September to 2 October 1998. 
The General Assembly will, amongst others, address aviation environmental protection 
on the basis of reports made by the ICAO Council. Topics covered by this agenda item 
include: 
• aircraft noise; 
• aircraft engine emissions; 
• environmental taxes and charges; 
• the relationship between ICAO and other United Nations organisations in charge of 
defining environmental guidelines. 
Since 1991 the Commission has participated with observer status in the Committee on 
Aviation Environmental Protection (CAEP). This committee is responsible for making 
recommendations to the ICAO-Counci! on issues such as aircraft noise and aircraft 
engine emissions. 
Given the slow progress on these issues within ICAO during recent years, the 
Commission is concerned that decisions taken within ICAO might fail to give due 
consideration to the specific needs for environmental protection and preconditions foi-
future development of aviation infrastructures in the Community. 
Against this background and in the light of existing Community competence in the areas 
of aircraft noise and taxation of mineral oils as well as the Community interest in the area 
of aircraft engine emissions and of Member States' competencies in certain areas to be 
considered at the 32nd session as well, the Commission proposes that the Council 
approves the attached conclusions concerning the position to be taken by the Community 
and by the Member States at the 32nd session. 
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL 
concerning the establishment of a Community position for the discussions and 
negotiations on aviation environmental issues to be addressed by the 32nd session of 
the General Assembly of the International Civil Aviation Organisation (ICAO), 
Montreal, from 22 September to 2 October 1998. 
Introduction 
1. Recommendations to the ICAO-Council on Aviation environmental issues are the 
responsibility of the Committee on Aviation Environmental Protection (CAHP), in 
which the Commission has had observer status since 1991. 
2. According to the provisional agenda of the 32nd session of the ICAO General 
Assembly, the ICAO Council will present a progress report on the activities in the 
areas of aircraft noise and the impact of emissions from aircraft engines. As urged 
by the 31st ICAO General Assembly, the Council will also report on environmental 
taxes and charges as well as on the relations between ICAO and other United 
Nations organisations, which are in charge of defining environmental guidelines. 
3. Given that the matters, which are to be discussed and negotiated at the General 
Assembly and which may result in decisions being taken, are either within 
Community competence (aircraft noise and taxation of mineral oils) or are of 
Community interest (aircraft engine emissions), it is essential to establish in 
advance the position to be taken by the Community. 
Community competence and/or interest 
4. For aircraft noise and gaseous emissions from aircraft there is a Community 
competence or at least a particular interest for the Community. In the area of 
international standards on aircraft noise the competence is exclusive since the 
Community has already introduced several Directives on this specific issue. The 
most recent one is'Directive 92/14/EEC of 2 March 1992 on the limitation of the 
operations of Chapter 2 aircraft, which is currently under revision. 
In addition, on 9 March 1998 the Commission adopted a Proposal for a Council 
Directive on the use and registration within the Community of Chapter 2 aircraft 
fitted with hushkits (COM(1998)98 final). 
5. The issue of emissions from aircraft engines represents a particular interest for the 
Community in terms of environmental protection as well as industrial 
competitiveness. In addition, on 3 December 1997 the Commission adopted a 
Proposal for a Council Directive on the limitation of nitrogen oxides emissions from 
aircraft engines. 
6. Environmental taxes, and in particular taxation of kerosene, are within Community 
competence since Directives 92/81/EEC and 92/82/EEC establish a binding 
Community system for respectively the harmonisation of the structures of excise 
duties on mineral oils and the approximation of the rates of excise duties on mineral 
oils. These harmonisation Directives oblige Member States to exempt from excise 
duties commercial aviation fuel, thus, bringing about totally harmonised rules which 
Member States may not affect. The Commission has also adopted a proposal for a 
Council Directive restructuring the Community framework for the taxation of 
energy products (COM(97) 30 final) which includes optional provision for the 
taxation of commercial aviation fuel on certain flights 
7. In addition, Article 2 Paragraph 2 of the Kyoto Protocol to the United Nations 
Framework Convention on Climate Change states that "the parties included in 
Annex I shall pursue limitation on reduction of emissions of greenhouse gases not 
controlled by the Montreal Protocol from aviation ..through the Internationa! 
Civil Aviation Organisation"........ The forthcoming ratification by the Community 
and its Member States of the Kyoto Protocol implies that, the Community and the 
Member States shall act together to negotiate such a reduction with ICAO . 
8. The aforementioned Council Directives and proposals for Council Directives reflect 
the general competence of the Community for matters related to the proper 
functioning of the internal market, the common transport and environment policy 
This implies not only that the Member States whether acting individually or 
collectively, may not enter into obligations with non member countries which affect 
such common rules but also, especially in the light of Member States' duties to 
facilitate the achievement of the Community's tasks, that decisions taken or 
guidelines adopted in these areas cannot be so taken or adopted by individual 
Member States as this would pre-empt the legislative process at Community level. 
Therefore, it is essential firstly that decisions to be taken or guidelines to be adopted 
at the ICAO General Assembly commit the Community process through an agreed 
Community position. This is, in particular, the case for NOx emissions from aircraft 
engines. Decisions taken on this issue by the 32nd session will be fed into the ICAO 
decision making process and may well result in amendments to the standards laid 
down in Annex 16 (Environmental protection) to the Convention on International 
Civil Aviation. 
9. However, the Community is not a signatory to the Convention on International Civil 
Aviation (Chicago Convention). Although ICAO decided in 1988 to give the 
Community observer status, this status does not include the right to take initiatives 
in the ICAO institutions, such as the Council or the General Assembly. It will, 
therefore, be essential to foresee that, where it is not possible for the Commission 
to present entirely the Community position, the Presidency of the Council shall 
present the same on behalf of the Community. 
0. Since the matters to be discussed fall mainly within Community competence but 
also partly within the competence of Member States, it is essential secondly to 
define the substance of the position to be taken by the Member States as well as 
procedures for an appropriate coordination between that position and that of the 
Community. 
Council Conclusions concerning the position to be taken by the Community 
and by the Member States at the 32nd session of the ICAO General Assembly 
In the light of the above, the Commission proposes that the Council concludes as 
follows : 
The Community position for the discussions and negotiations at the 32lul session of the 
ICAO General Assembly as well as at the Committee meetings preceding the General 
Assembly (namely the legal, economic and administrative committee) shall be as 
follows : 
- to ensure consistency between the Resolutions taken by the ICAO-General Assembly 
and the relevant existing and evolving Community legislation. 
- to carry out the negotiations with a view to : 
• obtaining a commitment of the ICAO-Assembly to launch a work programme to 
investigate the technical and economic feasibility of establishing more stringent 
aircraft noise standards, taking into account ongoing research activities, as well 
as capacity and operating constraints at airports imposed on environmental 
protection grounds ; 
• taking a decision of the ICAO assembly on technical standards on the limitation 
of nitrogen oxides emissions from aircraft engines taking into account 
technological knowledge and cost-effectiveness criteria as well as the 
Commission's proposal of 3 December 1997 on this matter ; 
• obtaining a commitment of the ICAO-Assembly to continue the preparatory work 
on the progressive introduction of economic measures aimed at improving the 
environmental impact of aviation taking into account their cost-effectiveness; 
• obtaining a commitment of the ICAO-Assembly to launch a work programme 
aimed at ensuring that air transport contributes to the achievement of 
internationally agreed reduction targets for the emission of greenhouse gases. 
The Community position shall be put forward by the Commission and, where this is 
necessary, by the presidency speaking on behalf of the Community. 
Since the matters to be discussed fall also in part within the competence of the 
Member States, the position to be put forward by them shall correspond with that set 
out hereabove. Furthermore, coordination will take place (either on the sport or 
where appropriate within the Council bodies in Brussels) in order to ensure close 
cooperation between the Community and its Member States and thus unity in the 
international representation of the Community. 
If the results of the negotiations and discussions in the 32ml ICAO General Assembly 
conform essentially to the position set out above, such results shall be endorsed by 
the Community and its Member States. 

ISSN 0254-1475 
COM(98) 265 final 
DOCUMENTS 
EN 06 14 15 
Catalogue number : CB-CO-98-281-EN-C 
ISBN 92-78-35440-6 
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