Proposal for a Council Directive on the limitation of the emission of oxides of nitrogen from civil subsonic jet aeroplanes (98/C 108/04) COM(97) 629 final - 97/0349 (SYN)

(submitted by the Commission on 22 January 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 the Commission communication 'The European Aircraft Industry: First Assessment and Possible Community Action` (1), approved by the Council, shows clearly the need to resolve environmental problems which limit the future growth of the aviation industry;

Whereas the Commission communication 'The Green Paper on the Impact of Transport on the Environment: a Community strategy for sustainable mobility` (2) stresses the growing concern about emissions of oxides of nitrogen (NOx) at high altitude; whereas the Commission communication on 'The Future Development of the Common Transport Policy: a global approach to the construction of a Community framework for sustainable mobility` (3) clearly indicates the need to set progressively stricter standards for gaseous emissions for the different transport sectors and, more specifically, includes in its action programme more stringent standards for NOx emissions from aeroplanes;

Whereas the application of emission standards to civil subsonic jet aeroplanes has significant consequences for the provision of air transport services, in particular where such standards impose restrictions on the type of aeroplane that may be operated by air carriers and encourage investment in the latest and least polluting aeroplanes available;

Whereas the European Community programme of policy and action in relation to the environment and sustainable development (4) shows clearly the importance of the problem of air pollution and, in particular, the need to take action to protect the atmosphere;

Whereas NOx emitted by aircraft in the upper troposphere are implicated in the formation of ozone; whereas ozone in the upper troposphere contributes to the greenhouse effect; whereas research is continuing in order to quantify and describe more precisely the impact of NOx emissions from aeroplanes on stratospheric ozone and climate;

Whereas air traffic activity is forecast to double by 2010; whereas, in the absence of stricter controls, NOx emissions will increase in parallel with this increased activity;

Whereas the majority of modern aeroplane engines can already achieve significant improvements in NOx emissions;

Whereas the precautionary principle requires that while awaiting further scientific data concerning the effects of NOx emissions from aeroplanes, the rate of increase of such emissions should be reduced by introducing standards which are consistent with the performance of new technologies while not imposing excessive costs;

Whereas, in November 1993, the International Civil Aviation Organization (ICAO) amended its standard applicable to the gaseous emissions from civil aeroplanes, Part III, Chapter 2, Volume II of Annex 16 to the Convention on International Civil Aviation, second edition (July 1993), to include a 20 % reduction in the regulatory level for NOx; whereas that reduction does not take account of either forecast traffic growth or technical capability;

Whereas, in December 1995, the third meeting of the ICAO Committee on Aviation Environmental Protection (CAEP/3) recommended, on the basis of the available scientific and technical information, a tightening of the NOx emission standard by a further 16 %, in order to provide, in the context of increasing air traffic, adequate environmental protection;

Whereas, in the absence of action at the international level, it is appropriate and justified for the Community to introduce measures to reduce NOx emission, in line with those recommended by CAEP/3, in so far as those measures do not create unnecessary obstacles to international trade; whereas more stringent emission standards should accordingly be introduced in the Community by means of a non-addition rule which will not affect air carriers based on third countries,

HAS ADOPTED THIS DIRECTIVE:

Article 1

The objective of this Directive is to lay down rules to restrict future registration in the Member States of certain civil subsonic jet aeroplanes in order to reduce the overall level of NOx emissions.

Article 2

Member States shall ensure that civil subsonic jet aeroplanes fitted with engines of a type or model number of which the date of manufacture of the first individual production model is after 31 December 1999 or for which the date of manufacture of the individual engine is after 31 December 2007 shall not be added to their registers unless those engines are of a type having NOx emission levels, measured and computed in accordance with the procedures of Part III, Chapter 2, Volume II of Annex 16 to the Convention on International Civil Aviation, second edition, (July 1993), no greater than a regulatory level determined in accordance with the formulae set out in Annex to this Directive.

Article 3

No later than four years following the implementation of this Directive, the Commission shall submit to the Council a report on the results of studies presently underway and an evaluation of the development of NOx emissions from aeroplanes.

Article 4

1. Member States shall adopt and publish, before 30 June 1999, the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof. They shall apply these provisions with effect from 31 December 1999.

When Member States adopt these provisions, these 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 text of the provisions of national law which they adopt in the field covered by this Directive.

Article 5

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 4 and shall notify any subsequent changes as soon as possible.

Article 6

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

Article 7

This Directive is addressed to the Member States.

(1) COM(92) 164 final, 29.4.1992.

(2) COM(92) 46 final, 20.2.1992.

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

(4) OJ C 138, 17.5.1993, p. 5.

ANNEX

Formulae for determining the regulatory levels referred to in Article 2

1. For engines with a maximum rated thrust of more than 89,0 kN:

>NUM>Dp/

>DEN>F00

= 19 + 1,6 ð00

2. For engines with a maximum rated thrust of more than 26,7 kN but not more than 89,0 kN:

>NUM>Dp/

>DEN>F00

= 37,572 + 1,6 ð00 - 0,2087 F00

>TABLE>

The above symbols are defined in Part I, Chapter 1, Volume II of Annex 16 to the Convention on International Civil Aviation, second edition (July 1993).