28. 8. 89 Official Journal of the European Communities No C 221/1 
II 
(Preparatory Acts) 
ECONOMIC AND SOCIAL COMMITTEE 
Opinion on the proposal for a Council Directive on the limitation of noise emission from 
civil subsonic jet aeroplanes (l) 
(89/C 221/01) 
On 19 December 1988 the Council decided to consult the Economic and Social Committee, 
under Article 84(2) of the Treaty establishing the European Economic Community, on the 
abovementioned 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 
27 June 1989. The rapporteur was Mr Velasco. 
At its 268th plenary session (meeting of 13 July 1989) the Committee adopted the following 
Opinion by a large majority, with 2 abstentions. 
1. Introduction 
1.1. The proposed Directive is part of the pro­
grammes of action of the European Communities on 
the environment. Its aim is to establish a uniform Com­
munity approach with a view to limiting noise from 
civil subsonic jet aircraft operating in the Community. 
1.2. The Council has already taken action in respect 
of propeller-driven and subsonic jet aircraft (2). 
1.3. An international conference held in London in 
1966 reached the conclusion that the problem of aircraft 
noise had to be dealt with on an international basis and 
that means of control had to be found in order to 
prevent the noise issue from becoming a major obstacle 
to the orderly and successful development of the air 
transport system. 
1.4. The methods of control are set out in Chapters 
2 and 3 of Annex 16 to the Convention of the Inter­
national Civil Aviation Organization (ICAO) on Inter­
national Civil Aviation (Chicago Convention), which 
require aircraft prototypes to be noise certificated. 
(') OJ No C 37, 14. 2. 1989, p. 6. 
(2) OJ No L 18, 24. 1. 1980, p. 26. 1.5. The prototype certification controls have been 
introduced gradually. On 2 April 1971 a series of noise 
standards entered into force; these regulated the matter 
until 6 October 1977. During this first phase the above-
mentioned Chapter 2 applied, or, which amounted to 
the same thing, a series of noise control measures corre­
sponding to the most stringent standards attainable 
using the technology available at that time. 
From 6 October 1977, given that the available tech­
nology made possible a reduction in aircraft noise, 
Chapter 3 entered into force obliging manufacturers to 
use more advanced design techniques which reduce 
noise levels. 
However, a technical dispute has arisen in connection 
with these advanced techniques. On the one hand, the 
European Civil Aviation Conference (ECAC) claims 
that aircraft falling under Chapter 2 but with low by­
pass ratio engines—basically the B 747-100 and 
-200—nearly meet the requirements of Chapter 3. For 
this reason, in May 1988 ECAC adopted a recommen­
dation whereby any additions to Community fleets 
would have to meet the standards of Chapter 3, except 
for the abovementioned aircraft. 
No C 221/2 Official Journal of the European Communities 28. 8. 89 
On the other hand, the Commission claims that these 
aircraft are amongst the noisiest: the 'permissible' noise 
under Chapters 2 and 3 depends on the weight of the 
aircraft and B 747s are amongst the heaviest. Therefore, 
according to the Commission, they should be subject 
to the Chapter 3 standards, which correspond to the 
latest technical developments. 
Hence the Commission proposes that the aircraft in 
question be included in the Draft Directive. 
The problem of aircraft which do not comply with the 
standards and are not registered in the Member States 
thus remains. 
These two opposing points of view have led to an as 
yet unresolved inter-institutional conflict. 
1.6. Up until now the reduction in the noise levels 
of civil aircraft has been based on the noise standards 
laid down in Chapters 2 and 3 of Annex 16 of the ICAO 
Convention, in accordance with a phased procedure 
comprising three key measures: 
First measure: stop to manufacture of aircraft which 
only meet Chapter 2 standards (this happened in 1988). 
Second measure: the import of secondhand Chapter 2 
aircraft into the Community is prohibited (new aircraft 
would be covered by the first measure). The date pro­
posed by the Commission for the application of this 
measure is 1 November 1990. 
Third measure: at a future date, to be determined, the 
operation of Chapter 2 aircraft would be prohibited. 
Done at Brussels, 13 July 1989. This measure is currently being studied by the Com­
mission and ECAC. 
The first measure has already been carried out. 
2. General comments 
2.1. The Committee approves the Commission's 
proposal, which it sees as absolutely necessary for the 
protection of the environment. 
2.2. The Committee would, however, like to see 
an effort made to resolve the differences between the 
Commisson and the ECAC. 
2.3. The Committee considers that in future conflicts 
between the EC Commission and ECAC should as 
far as possible be avoided. To this end it would be 
particularly advantageous if a Commission environ­
mental expert could attend ECAC meetings, including 
its working sessions, as observer. It is also essential that 
the Community stance at the ECAC meetings be based 
on a common policy in this field. 
2.4. To avoid any difficulties in the proper appli­
cation of the Directive, the Committee considers it 
important that an assessment be made of its effects over 
a period of time on aircraft availability and that it be 
phased in in such a way that the normal supply of 
services is not impaired. 
2.5. Finally, the Committee questions the reasons 
for the exemption from the noise control measures of 
aircraft with a take-off mass of 34,000 kg or less and 
certain leasing operations, the authorization of which 
leaves an area of ambiguity. 
The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE