No C 275/2 Official Journal of the European Communities 27. 10.81 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on the limitation of noise emissions from helicopters 
(Submitted by the Commission to the Council on 13 October 1981) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community and in particular 
Article 84 (2) thereof, 
Having regard to the Proposal for a Directive 
submitted by the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Commitee, 
Whereas the programmes of action of the European 
Communities on the environment (') show clearly the 
importance of the problem of noise and, in particular, 
the need to take action against noise due to air 
traffic; 
Whereas the priority programme of the Council for 
the study of air transport questions refers to emissions 
from aircraft including noise; 
Whereas aircraft noise should be reduced, taking into 
account environmental factors, technical feasibility 
and economic consequences; Whereas an appropriate way to reduce this nuisance 
is to fix a limit to noise emissions at source based on 
the standards specified in this matter by the Inter­
national Civil Aviation Organization (ICAO); 
Whereas Council Directive 80/51/EEC (2) covers the 
limitation of noise emissions from civil subsonic jet 
and propeller-driven aeroplanes; 
Whereas the International Civil Aviation Organ­
ization (ICAO) has adopted noise standards for 
helicopters which will become applicable on 26 
November 1981; 
Whereas these standards should be applied uniformly 
throughout the Community, subject to certain minor 
exemptions in individual cases; 
Whereas technical provisions must be adapted rapidly 
to technical progress; whereas it is necessary to this 
end that there should be a procedue to ensure close 
cooperation between Member States and the 
Commission within a Committee on Adaptation to 
Technical Progress of this Directive, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
For the purposes of this Directive a helicopter is 
defined as a heavier than air aircraft supported in 
flight chiefly by the reactions of the air on one or 
more power-driven rotors on substantially vertical 
axes. 
(') OJ No C 112, 20. 12. 1973, p. 1; OJ No C 139, 13. 6. 
1977, p. 1. (2) OJ No L 18, 24. 1. 1980, p. 26. 
27.10.81 Official Journal of the European Communities No C 275/3 
Article 2 Article 5 
Each Member State shall ensure that any civil 
helicopter registered in its territory and included in 
the classifications defined for noise certification 
purposes in Chapter 8 of Part II of Annex 16 to the 
Convention on international civil aviation, as 
applicable from 26 November 1981, in accordance 
with Amendment 5, may not be used in the territory 
of Member States unless it has granted noise certi­
fication on the basis of satisfactory evidence that the 
aircraft complies with requirements which are at least 
equal to the applicable standards specified in Part II 
Chapter 8 of that Annex. 
Article 3 Member States shall endeavour to take the appro­
priate measures to ensure that helicopters which are 
not registered in a Member State but which use 
airports in their territory meet requirements at least as 
stringent as those which the aircraft of the Member 
States subject to Article 2 must meet. 
Article 6 
Any amendments necessary in order to adjust this 
Directive to take account of technical progress shall 
be adopted in accordance with the procedure laid 
down in Article 8. 
1. The documents attesting noise certification 
within the meaning of Article 2 may take the form of 
a separate noise certificate or a suitable statement 
contained in another document approved by the State 
of registry and required by that State to be carried in 
the aircraft, and shall provide at least the following 
information: 
the (a) State of registry and registration mark of 
aircraft; 
(b) manufacturer's serial number; 
(c) manufacturer's type and model designation; 
(d) statement of any additional modifications incor­
porated for the purpose of compliance with the 
applicable noise certification standards; 
(e) the maximum mass at which compliance with the 
applicable noise certification standards has been 
demonstrated; 
(f) for aircraft for which application or certification 
is submitted on or after 6 October 1977: the noise 
level(s) and their 90 % confidence limits at the 
reference point(s) for which compliance the 
applicable noise certification standards has been 
demonstrated. 
2. Member States shall recognize the validity of 
the documents referred to in paragraph 1 issued by 
the certifying authorities of a State of registry which 
is also a Member State. 
Article 4 
In exceptional individual cases Member States may 
permit the temporary use on their territory of 
helicopters which cannot be put into service on the 
basis of Article 2. Article 7 
1. There is hereby set up a Committee on the 
Adaptation to Technical Progress of this Directive, 
hereinafter called 'the Committee'. It shall consist of 
representatives of the Member States with a rep­
resentative of the Commission as Chairman. 
2. The Committee shall adopt its own rules of 
procedure. 
Article 8 
1. Where the procedure laid down in this Article is 
to be followed, the matter shall be referred to the 
Committee by its Chairman, either on his own 
initiative or at the request of a representative of a 
Member State. 
2. The representative of the Commission shall 
submit to the Committee a draft of the measures to 
be taken. The Committee shall give its opinion on 
that draft within a time limit set by the Chairman 
having regard to the urgency of the matter and to the 
provisions of Volume 1 of Annex 16 of the 
Convention on International Civil Aviation. Opinions 
shall be adopted by a majority of 45 votes, the votes 
of the Member States being weighted as provided in 
Article 148 (2) of the Treaty. 
The Chairman shall not vote. 
3. (a) Where the measures envisaged are in 
accordance with the opinion of the 
Committee, the Commission shall adopt them. 
(b) Where the measures envisaged are not in 
accordance with the opinion of the 
Committee, or where no opinion is delivered, 
the Commission shall forthwith submit to the 
Council a proposal on the measures to be 
No C 275/4 Official Journal of the European Communities 27. 10.81 
taken. The Council shall act by a qualified 
majority. 
(c) If, within three months of the proposal being 
submitted to it, the Council has not acted, the 
proposed measures shall be adopted by the 
Commission. 
Article 9 
1. Member States shall bring into force the 
provisions necessary to comply with this Directive not later than .... 1982 and shall forthwith inform the 
Commission thereof. 
2. Member States shall ensure that the texts of the 
main provisions of national law which they adopt in 
the field governed by this Directive are 
communicated to the Commission. 
Article 10 
This Directive is addressed to the Member States.