Opinion of the Economic and Social Committee on the 'Proposal for a Council Directive amending Directive 92/14/EEC on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Vol 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988)` () (97/C 66/03)

On 17 October 1996, the Council decided to consult the Economic and Social Committee, under Article 84(2) of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Protection of the Environment, Public Health and Consumer Affairs, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 8 November 1996. The rapporteur was Mr Boisserée.

At its 340th Plenary Session (meeting of 27 November 1996), the Economic and Social Committee adopted, by 101 votes to four, with five abstentions, the following opinion.

1. Introduction

1.1. Reducing aircraft noise has been an integral part of European Community environment programmes for many years; the aim is to protect people living in the vicinity of runways, while optimizing the use and allowing the expansion of airports, which are generally located near residential areas. Since 1980, the Community has, in conformity with the International Civil Aviation Organization (ICAO), enacted legislation designed to bring about a gradual reduction in aircraft noise. Noise of this kind can to all extents and purposes be eradicated only by using modern, low-noise aircraft.

1.2. The draft directive under discussion deals with subsonic non-military aeroplanes and jets (special arrangements apply to supersonic and propeller aircraft). The proposal follows on from the directive 92/14/EEC () of 2 March 1992, which bans the use in Community territory of aircraft which do not meet certain international noise abatement standards. The directive permits exemptions, but only until 2002 and these are practically confined to older aircraft operated by carriers from developing countries.

1.3. The draft directive formalizes, modifies and expands the provisions governing exemptions to the ban on aircraft used in Community territory.

2. General comments

2.1. The ESC endorses the draft directive.

2.1.1. Like the 1992 directive, the proposal strikes a compromise between the public interest and the interests of airports on the one hand, and, on the other, the interests of carriers from countries whose level of development leaves them no choice but to use older aircraft. The proposal clearly confirms the discernible trend towards phasing out the use of these aircraft in order to help reduce noise pollution significantly even before 2002.

2.1.2. While the Committee broadly backs the proposal, it would nonetheless make the following comments on individual provisions, leaving aside comments on drafting or clarification:

3. Specific comments

3.1. Article 1(2)

This provision seeks to curb, before 2002, the use of aircraft which are generally no longer licensed; in contrast to the parent directive, it offers greater flexibility and is better adapted to local conditions at airports.

The ESC therefore endorses the proposed measures.

3.2. Article 1(6)

The revised version of Article 7 of the 1992 directive seeks both clarification and simplification. The ESC assumes that the abolition of national authorities' discretion in respect of issuing licences will not, in practical terms, make it easier to operate aeroplanes which fall under this directive.

3.3. Article 1(7)

This proposal is designed to ensure that future amendments to noise abatement measures are coordinated in a consultative committee. The ESC is confident that this will not undermine its own involvement in the legislative process.

3.4. Article 1(8)

An important element of the draft directive is the revision of the lists of exempted aeroplanes. Amended lists were necessary since the previous version, appended to the 1992 directive, had become obsolete, either because the aircraft listed had been withdrawn from service or because, in 1992, certain carriers had not registered their aircraft for inclusion on the list, despite their obligation to do so under the directive. Broadly speaking, the ESC does not feel that the new list increases the number of exemptions.

3.5. Article 2

This Article enjoins Member States to introduce a 'system of penalties` for infringements of national provisions adopted under the directive, and to enforce these penalties. This provision may well represent an intrusion into Member States' legal systems. The ESC assumes that the term 'penalties` and the concept of enforcement also includes other means of combating aircraft noise, such as fines and administrative constraints. Otherwise, this section of the draft directive would not be in conformity with the legislation under the terms of the Treaty.

Brussels, 27 November 1996.

The President of the Economic and Social Committee

Tom JENKINS

() OJ No C 309, 18. 10. 1996, p. 9.

() OJ No L 76, 23. 3. 1991, p. 21; OJ No C 339, 31. 12. 1991, p. 89.