Proposal for a Council Directive on the registration and use within the Community of certain types of civil subsonic jet aeroplanes which have been modified and recertified as meeting the standards of Volume I, Part II, Chapter 3 of Annex 16 to the Convention on International Civil Aviation, third edition (July 1993) (98/C 118/12) (Text with EEA relevance) COM(1998) 98 final - 98/0070(SYN)

(Submitted by the Commission on 9 March 1998)

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 one of the key objectives of the common transport policy is sustainable mobility; whereas such a policy can be defined as a global approach which aims at ensuring both the effective functioning of the Community's transport systems and the protection of the environment; whereas it is appropriate to take technical measures which contribute to the achievement of sustainable mobility;

Whereas the Commission Communication on the future development of the common transport policy: a global framework for the construction of a Community framework for sustainable mobility (1) explicitly refers to the introduction of a non-addition rule for the noisiest aeroplanes;

Whereas the fifth action programme of 1992 on the environment, the general approach of which was endorsed by the Council and the Representatives of the Governments of the Member States, meeting within the Council, in their Resolution of 1 February 1993 (2) envisages further legislative measures aimed at reducing noise emissions from aeroplanes; whereas the said programme lays down the objective that no person should be exposed to noise levels which endanger health and quality of life;

Whereas the growth in air transport activities at Community airports is increasingly determined by environmental constraints; whereas the operation of less noisy aeroplanes at these airports can contribute to a better use of available airport capacity;

Whereas older types of aeroplanes modified to improve their noise certification level have a noise performance which is significantly worse, mass for mass, than that of modern types of aeroplanes originally certified to meet the standards of Volume I, Part II, Chapter 3 of Annex 16 to the Convention on International Civil Aviation, third edition (July 1993); whereas those modifications prolong the life of an aeroplane that would normally have been retired; whereas those modifications tend to worsen the gaseous emissions performance and fuel burn of earlier technology aero engines;

Whereas a rule which prohibits the addition of those older modified types of aeroplanes to Member States' registers as of 1 April 1999 can be considered a protective measure aimed at preventing a further deterioration of the noise situation around Community airports as well as improving the situation regarding fuel burn and gaseous emissions;

Whereas in a Community without internal frontiers, it is appropriate to exclude from this non-addition rule aeroplanes entered in any Member State's register prior to 1 April 1999;

Whereas in view of existing Community legislation on aeroplane noise, the present initiative needs to be taken at Community level by binding Community rules and, thus, is compatible with the subsidiarity principle by leaving to each Member State the right to decide the best implementation tools that fit its internal system;

Whereas a non-addition rule combines technical feasibility with environmental benefits without imposing an undue economic burden;

Whereas it is necessary to minimize possible distortions of competition by establishing equivalent requirements applicable to aeroplanes registered in third countries; whereas since the Community has no competence over third-country registers, that objective can only be achieved by restricting the operation of non-complying aeroplanes registered as of 1 April 1999 in third countries; whereas the date for introducing such restrictions should take account of the final cut-off date for the operation of Chapter 2 aeroplanes as provided for in Council Directive 92/14/EEC of 2 March 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 (1998) (3), as well as the extent of the non-addition provisions for Chapter 2 aeroplanes as laid down in Council Directive 89/629/EEC of 4 December 1989 on the limitation of noise emission from civil subsonic jet aeroplanes (4);

Whereas the main objective of the measure is to limit noise at Community airports, aeroplanes may be exempted from the non-addition rule when they are not operated in the Community territory; whereas exemptions may also apply for aeroplanes operated in the French overseas departments in view of their geographical location, as well as temporary exemptions, in order for the rules to produce their full environmental benefits for operations of exceptional nature;

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

HAS ADOPTED THIS DIRECTIVE:

Article 1

Objective

The objective of this Directive is to lay down rules to prevent future deterioration in the overall noise impact in the Community of recertified civil subsonic jet aeroplanes while at the same time limiting other environmental damage.

Article 2

Definitions

For the purposes of this Directive, the following definitions shall apply:

1. civil subsonic jet aeroplane: a civil subsonic jet aeroplane with a maximum certified take off mass of 34 000 kg or more, or with a certified maximum internal accommodation for the aeroplane type in question consisting of more than 19 passenger seats, excluding any seats for crew only and powered by engines with a bypass ratio of less than three;

2. recertified civil subsonic jet aeroplane: a civil subsonic jet aeroplane initially certified to Chapter 2 or equivalent standards, or initially not noise certified which has been modified to meet Chapter 3 standards either directly through technical measures or indirectly through operational restrictions;

3. Chapter 2 and Chapter 3: the noise standards as defined in Volume I, Part II, Chapter 2 and Chapter 3 respectively, of Annex 16 to the Convention on International Civil Aviation, third edition (July 1993);

4. operational restrictions: weight restrictions imposed on the aeroplane and/or operational limitations within the control of the pilot or the operator, such as reduced flap setting;

5. to register an aeroplane: the formal act whereby the nationality of an aeroplane is established through its entry on the national register of a Member State or a third country;

6. the territory of the Community: the territory subject to the provisions of the Treaty.

Article 3

Non-complying aeroplanes

1. Member States shall ensure that certified civil subsonic jet aeroplanes cannot be registered in their territory as of 1 April 1999.

2. The provisions of paragraph 1 shall not affect civil subsonic jet aeroplanes which were already on the register of any Member State before 1 April 1999.

3. Notwithstanding the provisions of Directive 92/14/EEC and in particular Article 2(2) thereof, as of 1 April 2002 Member States shall not allow the operation at airports in their territories of recertified civil subsonic jet aeroplanes registered in a third country unless they were on the register of that third country before 1 April 1999 and prior to that date have been operated into the territory of the Community.

Article 4

Exemptions

1. Member States may grant temporary exemptions from the provisions of Article 3 for civil subsonic jet aeroplanes whose operations are of such an exceptional nature that it would be unreasonable to withhold a temporary exemption, such as for emergencies or for humanitarian aid.

2. Member States may grant exemptions from the provisions of Article 3 for civil subsonic jet aeroplanes which are exclusively operated outside the territory of the Community and for those exclusively operated in the overseas departments of France.

Article 5

Penalties

Member States shall lay down the system of penalties applicable to infringement of 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 6(1), first subparagraph and shall notify any subsequent changes as soon as possible.

Article 6

Implementation

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [. . .]. They shall forthwith 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. Member States shall communicate to the Commission the texts of the provisions of domestic law which they adopt in the field governed by this Directive.

Article 7

Entry into force

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

Article 8

Addressees

This Directive is addressed to the Member States.

(1) COM(92) 494 final, 2.12.1992.

(2) OJ C 138, 17.5.1993, p. 1.

(3) OJ L 76, 23.3.1992, p. 21.

(4) OJ L 363, 13.12.1989, p. 27.