Opinion of the Economic and Social Committee on the 'Proposal for a Council Directive on the limitation of the emission of oxides of nitrogen from civil subsonic jet aeroplanes` (98/C 214/03)

On 13 February 1998 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 31 March 1998. The rapporteur was Mr Gafo Fernández and the co-rapporteurs were Mrs Ström and Mr Tsirimokos.

At its 354th plenary session (meeting of 29 April 1998) the Economic and Social Committee adopted the following opinion by 119 votes to 2 with 2 abstentions.

1. Introduction

1.1. The aim of this proposal for a directive is to slow down the rate of increase in NOx emissions from subsonic jet aircraft; it endeavours to offset the projected rapid growth in air traffic over the coming years by improving the emission efficiency of new engines on aircraft operating in the EU.

1.2. To this end, new NOx emission limits are laid down for engines, based on two different levels of thrust. At the same time it is prohibited to register aircraft in the Member States with engines which do not meet the directive's requirements.

1.3. To give engine manufacturers and airlines sufficient time to implement these provisions, two reference dates are laid down. The first, 31 December 1999, is the deadline for new engine models to comply with these new limitations; the second, 31 December 2007, is the cut-off date for the installation in aircraft of engines whose first model was manufactured before the entry into force of this directive.

1.4. The above-mentioned ban applies only to aircraft registered in an EU country so as not to affect the operation of aircraft registered in third countries overflying or landing in the EU.

1.5. The proposal incorporates and supports the resolution of the third meeting of the Committee on Aviation Environmental Protection (CAEP/3), which is part of the International Civil Aviation Organization (ICAO).

2. General comments

2.1. The Committee approves the proposed directive which should help to improve the environment as regards both the formation of ozone in the upper troposphere and the reduction of greenhouse gas emissions (effect of N2O).

2.2. Precisely because of the greenhouse effect of the N2O, the Committee feels a mention should be made of the contribution which this measure will make to meeting the commitments entered into at the Kyoto Conference.

2.3. While it realizes that Treaty Article 84 is the traditional basis of the EU's transport policy, the Committee would also have liked to see an additional reference to Article 130s since the ultimate objective of this directive is to protect the environment.

2.4. Furthermore, the Committee would have welcomed a fuller reference in the preamble to how it relates to Directive 92/14/EEC (reduction of aircraft noise).

2.5. Finally, the Committee considers that the preamble to the directive should refer explicitly to its application in the countries of the European Economic Area and the countries applying for EU membership.

3. Specific comments

3.1. The Committee proposes inserting the following new recital:

'Whereas this measure will help to reduce greenhouse gases, which is one of the objectives of the agreement reached in Kyoto on the basis of a high level of environmental protection as provided for in Article 130s of the Treaty, and whereas the proposal will also contribute to the adoption of this binding measure by the ICAO;`

3.2. The Committee proposes inserting the following new recital:

'Whereas this directive should be implemented as soon as possible both by the countries of the European Economic Area and the countries applying for membership of the European Union;`.

Brussels, 29 April 1998.

The President of the Economic and Social Committee

Tom JENKINS