II
(Preparatory Acts)
COMMISSION
Amended proposal for a Council Regulation (EC) on the registration and use within the
Community of certain types of civil subsonic jet aeroplanes which have been modified and recerÜtified 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)Ø (˛)
(98/C 329/07)
(Text with EEA relevance)
COM(1998) 549 final - 98/0070(SYN)
(Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 1 October 1998)
(˛)ÙOJ C 118, 17.4.1998, p. 20.
ORIGINAL TEXT AMENDED TEXT
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,Chaper 3 of Annex 16 to the Convention on InterÜ
national Civil Aviation, third edition (July 1993)Amended proposal for a Council Regulation (EC) 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 ofVolume I, Part II, Chapter 3 of Annex 16 to theConvention on International Civil Aviation, third edition
(July 1993)
Second recital
Whereas the Commission Communication on the future
development of the common transport policy: a globalframework to the construction of a Communityframework for sustainable mobility explicitly refers to the
introduction of a nonÜaddition rule for the noisiest aeroÜ
planes;Whereas the Communication on the future development
of the common transport policy: a global framework tothe construction of a Community framework forsustainable mobility explicitly refers to the introduction
of a nonÜaddition rule for the noisiest aeroplanes;
Whereas forecast growth in the air transport sector and
the associated increase in noise pollution around airports
indicate the need for the Commission, bearing in mind
ICAOÜactivities in this regard, to submit furthermeasures concerning new and more stringent noiseemission standards for civil subsonic jet aeroplanes;whereas this also seems necessary if competition is not to
be distorted;C 329/10 27.10.98 Official Journal of the European Communities
EN
ORIGINAL TEXT AMENDED TEXT
Sixth recital
Whereas a rule which prohibits the addition of those
older modified types of aeroplanes to Member States’registers as from 1 April 1999 can be considered as a
protective measure aimed at preventing a further deterioÜ
ration of the noise situation around Community airportsas well as improving the situation regarding fuel burnand gaseous emissions;Whereas a rule which prohibits the addition of those
older modified types of aeroplanes to Member States’registers as from 1 April 1999 can be considered as a
protective measure aimed at preventing a further deterioÜ
ration of the noise situation around Community airportsas well as improving the situation regarding fuel burnand gaseous emissions;
Whereas the danger of a substantial increase in the
number of registered "hushkitted’ Chapter 2 aeroplanes
by 1 April 1999 indicates the need for the Commission toobserve this trend closely;
Eighth recital
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 byleaving to each Member State the right to decide the bestimplementation tools that fit its internal system;Whereas in view of existing Community legislation on
aeroplane noise, the present initiative needs to be taken
at Community level by binding Community rules;
Ninth recital
Whereas a nonÜaddition rule combines technical feasiÜ
bility with environmental benefits without imposing an
undue economic burden;Whereas a nonÜaddition rule combines technical feasiÜ
bility with environmental benefits without imposing an
undue economic burden;
Whereas, if excessive noise pollution is to be avoided, it
seems necessary to prohibit the abuse of the exemptionsgranted under Article 4(1),
HAS ADOPTED THIS DIRECTIVE: HAS ADOPTED THIS REGULATION:
Article 1
The objective of this Directive is to lay down rules to
prevent future deterioration in the overall noise impact inthe Community of recertified civil subsonic jet aeroÜplanes while at the same time limiting other environÜ
mental damage.The objective of this Regulation is to lay down rules to
prevent future deterioration in the overall noise impact inthe Community of recertified civil subsonic jet aeroÜplanes while at the same time limiting other environÜ
mental damage.27.10.98 C 329/11 Official Journal of the European Communities
EN
ORIGINAL TEXT AMENDED TEXT
Article 2, introductory sentence
For the purposes of this Directive, the following defiÜ
nitions shall apply:For the purposes of this Regulation, the following defiÜ
nitions shall apply:
Article 4, add a paragraph 3
1.ÙÚMember States may grant temporary exemptions
from the provisions of Article 3 for civil subsonic jetaeroplanes whose operations are of such an exceptionalnature that it would be unreasonable to withhold a
temporary exemption, such as for emergencies or for
humanitarian aid.Unchanged
2.ÙÚMember States may grant exemptions from the
provisions of Article 3 for civil subsonic jet aeroplanes
which are exclusively operated outside the territory ofthe Community and for those operated in the overseasdepartments of France.
3.ÙÚMember States shall inform the Commission of the
exemptions granted under this Article.
Article 5
Member States shall lay down the system of penalties
applicable to infringement of the national provisionsadopted pursuant to this Directive and shall take all the
measures necessary to ensure that those penalties are
applied. The penalties thus provided for shall beeffective, proportionate and dissuasive. Member Statesshall notify the relevant provisions to the Commissionnot later than the date specified in Article 6(1), first
subparagraph and shall notify any subsequent changes as
soon as possible.Member States shall lay down the system of penalties
applicable to infringement of the provisions of this ReguÜlation and shall take all the measures necessary to ensure
that those penalties are applied. The penalties thus
provided for shall be effective, proportionate anddissuasive. Member States shall notify the relevantprovisions to the Commission not later than the datespecified in Article 7 and shall notify any subsequent
changes as soon as possible.
Article 6
1.ÚÙMember States shall bring into force the laws,
regulations and administrative provisions necessary tocomply with this Directive by [.Ø.Ø.. They shall forthwith
inform the Commission thereof.DeleteC 329/12 27.10.98 Official Journal of the European Communities
EN
ORIGINAL TEXT AMENDED TEXT
When Member States adopt these provisions, they shall
contain a reference to this Directive or shall be accomÜ
panied by such reference at the time of their official
publication. The procedure for such reference shall beadopted by Member States.
2.ÚÙMember States shall communicate to the
Commission the texts of the provisions of domestic lawwhich they adopt in the field governed by this Directive.
Article 7
This Directive shall enter into force on the 20th day
following its publication in the Official Journal of the
European Communities .This Regulation shall enter into force on the 20th day
following its publication in the Official Journal of the
European Communities .
Article 8
This Directive is addressed to the Member States. Delete
Add final formula
This Regulation shall be binding in its entirety and
directly applicable in all Member States.
Amended proposal for a Council Regulation (EC) on coordinating aid to the applicant countries
in the framework of the preÜaccession strategy
(98/C 329/08)
COM(1998) 551 final - 98/0094(CNS)
(Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 30 September
1998)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the EuropeanCommunity and in particular Article 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European
Parliament,
Whereas the Luxembourg European Council advocated a
substantial increase in preÜaccession aid so as to include,in addition to the PHARE programme, aid to agriculture
and for structural measures;
Whereas Regulation (EC) No 622/98 of 16 March 1998
on assistance to the applicant countries in the frameworkof the preÜaccession strategy provides for the creation of
Accession Partnerships which provide a single framework
for programming the priorities and financial resources ofpreÜaccession aid;
Whereas Regulation (EC) No .Ø.Ø. set up an agricultural
instrument for application mainly in areas such as
modernising the structure of agricultural holdings,improving processing and distribution structures,developing inspection activities and rural development;27.10.98 C 329/13 Official Journal of the European Communities
EN