Proposal for a Council Directive amending Directive 92/14/EEC 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) (96/C 309/05) (Text with EEA relevance) COM(96) 413 final - 96/0209(SYN)

(Submitted by the Commission on 4 September 1996) THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 84 (2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

Acting in accordance with the procedure referred to in Article 189c of the Treaty, in cooperation with the European Parliament,

Whereas the main purpose of the provisions of Council Directive 92/14/EEC (1) is to restrict the operation of certain types of civil subsonic jet aeroplanes;

Whereas a definition of the key elements of the Directive should prevent any ambiguity as to the objective and the scope of the Directive;

Whereas for airports grouped together as an airport system it is generally sufficient if certain types of noisier aeroplanes can continue to operate to and from at least one airport forming part of the airport system; whereas the concentration of the operation of certain types of noisier aeroplanes in one or more airports forming part of an airport system should not unduly restrict access to the city or conurbation served by the airport system;

Whereas Article 3 of that Directive provided exemptions for aeroplanes on the registers of developing nations and whereas the aeroplanes so exempted were listed in the Annex to that Directive;

Whereas it is necessary to modify the Annex to that Directive to add certain aeroplanes which qualify for an exemption and were not included at the time of adoption; whereas it is also necessary to delete certain aeroplanes that have been withdrawn from service, destroyed or otherwise no longer quality for the exemption;

Whereas it is essential to prevent irregular usage of registrations; whereas the Annex now contains, for each aeroplane, reference to the manufacturers' construction number for the individual fuselage;

Whereas it is necessary to respect the initial intention of the exemption for aeroplanes on the registers of developing nations; whereas the relevant provisions of the Directive should therefore be clarified so that the Directive may produce its full benefits in terms of restricting the number of movements by certain types of civil subsonic jet aeroplanes;

Whereas it is necessary to clarify the scope for exemptions granted on economic grounds;

Whereas it should be made clear that a Member State can only establish a timetable for the gradual withdrawal of non-compliant aeroplanes in respect of aeroplanes which are on the register of that Member State;

Whereas it is essential that the Annex be kept up to date and amended in a timely manner; whereas therefore amendments shall be drawn up by the Commission assisted by a committee of an advisory nature;

Whereas it is important to ensure that infringements of Community law are penalized under conditions which make the penalty effective, proportionate and dissuasive;

Whereas pursuant to the 1994 Act of Accession Austria shall comply with the provisions of Directive 92/14/EEC as from 1 April 2002:

HAS ADOPTED THIS DIRECTIVE:

Article 1

Amendments

Directive 92/14/EEC is hereby amended as follows:

1. To Article 1 the following new paragraph (3) is added:

'3. For the purposes of this Directive:

Air carrier, means an air transport undertaking with a valid operating licence,

Operating licence means an authorization granted to an undertaking permitting it to carry out carriage by air of passengers, mail and/or cargo 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 Regulation (EEC) No 2407/92 of 23 July 1992, on licensing of air carriers (*),

Total civil subsonic jet fleet means the total aircraft fleet of civil subsonic jet aeroplanes at the disposal of the air carrier, through ownership or lease agreement of not less than one year.

(*) OJ No L 240, 24. 8. 1992, p. 1.`

2. To Article 2 a new paragraph (3) is added:

'3. Before the date referred to in paragraph 2, Member States may limit or exclude the operation of civil subsonic jet aeroplanes which do not comply with the provisions of paragraph 1 (a) at one or more of the airports which are grouped together as an airport system, as defined in Article 2 (m) and Annex II to Council Regulation (EEC) 2408/92 (*) provided that the measures do not unduly restrict access possibilities for such aeroplanes to the airport system as a whole.

(*) OJ No L 240, 24. 8. 1992, p. 8.`

3. In Article 2 the previous paragraph (3) becomes paragraph (4).

4. Article 3 (b) is replaced by the following:

'(b) These aeroplanes were on the register of the developing nation shown for that aeroplane in the Annex in the reference year and continue to be operated by natural or legal persons established in that nation.`

5. In Articles 4, and 5 (c) and (c) 'airline` shall be replaced by 'air carrier`.

6. Article 7 is replaced by the following:

'Article 7

Member States may limit to 10 % of the total civil subsonic jet fleet of a Community air carrier the annual rate of deletion from their registers of aeroplanes not complying with the standards of Article 2 paragraph 1 (a).`

7. Articles 9 (a) and (b) which read as follows, are inserted after Article 9.

'Article 9 (a)

Amendments to the Annex to this Directive which may prove necessary in order to ensure full conformity with the criteria set out in Article 3 shall be effected according to the procedure defined in Article 9 (b) (2).

Article 9 (b)

1. The Commission shall be assisted by the committee provided for in Council Regulation (EEC) No 3922/91 (*).

2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.

The Commission shall take the utmost account of the opinion delivered by the comittee. It shall inform the committee of the manner in which its opinion has been taken into account.

(*) OJ No L 373, 31. 12. 1991, p. 4.` 8. The Annex to Council Directive 92/14/EEC shall be replaced by the Annex hereto.

Article 2

Member States shall lay down the system of penalties for breaching the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that those penalties are applied. The penalties thus provided for shall be effective, proportionate and dissuasive. Member States shall notify the relevant provisions to the Commission not later than the date specified in Article 3 and shall notify any subsequent changes as soon as possible.

Article 3

Implementation

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by . . . . They shall immediately inform the Commission thereof.

When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

2. In conformity with Article 168 of the 1994 Act of Accession and Annex XIX, part (III) thereto, Austria shall put into effect the measures necessary to comply with this Directive by 1 April 2002.

Article 4

Entry into force

This Directive shall enter into force on the 20 day following that of its publication in the Official Journal of the European Communities.

Article 5

Addressees

This Directive is addressed to the Member States.

(1) OJ No L 76, 23. 3. 1992, p. 21.

ANNEX

LIST OF AEROPLANES EXEMPTED IN ACCORDANCE WITH ARTICLE 3

Note: Exemptions to aeroplanes in this Annex are granted within the general framework of the United Nations policies and decision (e.g. sanctions, embargoes, etc.)

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