Proposal for a COUNCIL DIRECTIVE amending Directive 92/14/EEC 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 (1988)
Date: 1996-09-04
Institutions: European Commission
Subjects: International Civil Aviation Organisation, aircraft, civil aviation, noise, standard

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  04.09.1996 
COM(96) 413  final 

96/0209  (SYN) 

Proposal  for a 

COUNCIL DIRECTIVE 

amending Directive 92/14/EEC 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 (1988) 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

I. 

Introduction 

1.  The  adoption  of  Council  Directive  92/14/EEC1  on 2 March  1992 presented  a further  step 

in the Community  policy of noise abatement  for  individual  aeroplanes. 

2. 

Initial  action to reduce the noise from  aeroplanes was taken by the Community  through the 
Council  Directive on aeroplane noise - 80/51/EEC2 - which prevents any further  non-noise 
certificated  aeroplanes  from  being  added  to  the  civil  air  registers  of  Member  States  and 
required the removal of such aeroplanes already on the registers by 31 December  1986. The 
international  Civil  Aviation Organization  (ICAO),  for  its  part,  through  its  standards,  has 
prevented  any  further  manufacture  of  non-noise  certificated  aeroplanes.  By  an  amending 
Council Directive 83/2067EEC3, the Community  has prevented foreign registered non-noise 
certificated  aeroplanes to operate to and from  airports in the Community  as from  1 January 
1988.  Since that date non-noise certificated  aeroplanes  have ceased to be an environmental 
nuisance  in the  Community. 

3.  On 4  December  1989 the Council  adopted  Council  Directive  89/629/EEC4 prohibiting  the 
addition to  the registers of Member  States of civil subsonic jet aeroplanes that do not meet 
the standards  specified  in Chapter  3 of Annex  16 to the Convention  on International  Civil 
Aviation. 

This non-addition rule was then followed by a non-operation rule as contained in the above-
— 
mentioned  Council  Directive 92/14/EEC. 

II.  Community  action 

4. 

In  order  to  take  into  account  the  difficult  economic  situation  of  air  carriers  in  developing 
nations, Council  Directive 92/14/EEC contained  in its Annex a preliminary  list  of  aircraft 
from  developing  nations  which  are  to  be  exempted  from  the  non-operation  rule  until 
1 April 2002. However, a number of aircraft from these nations qualifying  for an exemption 
were not notified  to the Commission  at the time of the adoption of the Directive and,  thus, 
not  included  in the Annex. 

OJ N* L 76, 23.03.1992, p. 21 
OJ N* L 18, 24.01.1980, p. 26 
OJ N'  L 117, 04.05.1983, p. 15 
OJ N'  L 363, 13.12.1989, p. 27 

L 

5. 

In particular  the  Arab  Air  Carriers  Organisation  (AACO)  presented  to  the  Commission  a 
request  for  exemptions  under  3  Article  of  Council  Directive  92/14/EEC  for  Chapter  2 
aeroplanes  operated  by  some of its member  airlines. 

From  a technical  assessment  carried out in cooperation with the relevant working  group of 
the European Civil  Aviation Conference  (ECAC),  it appeared that most of these aeroplanes 
qualified  for an exemption  and should, thus, be included in the Annex to Council  Directive 
92/14/EEC. 

6. 

In the absence of  such an updated  Annex there might  be uncertainty  as to the status  of  the 
aeroplanes from developing nations qualifying  for an exemption.  It is therefore essential  for 
the  Community  to  update  this  Annex  urgently.  This  is the  main  purpose  of  the  proposed 
amending  Directive. 

III.  Contents  of the Directive 

7.  Article  1 introduces  the necessary  amendments  to Council  Directive  92/14/EEC.  It  offers 
Member  States  which  operate  an  airport  system  the  possibility  to  limit  or  exclude  the 
operation of certain noisier types of aircraft  at one or more of the airports  forming  part of 
the  airport  system,  while  giving  due  consideration  both  to  environmental  protection 
requirements  and  the  interests  of  the  air  transport  industry.  Furthermore,  it  updates  its 
current  Annex  by  including  a  number  of  Chapter  2  aeroplanes  from  developing  nations 
which qualify  for  an exemption and by deleting some Chapter  2 aeroplanes  which were on 
the  initial  Annex  and have been sold or  destroyed  since.  Also,  it provides  for  an  advisory 
Committee to assist the Commission  in future updating of the amended Annex. This Article 
contains the necessary  definitions  as well  as a number  of drafting  amendments  which  seek 
to  clarify  the  objective  of  some  of  the  Articles  of  Council  Directive  92/14/EEC,  namely 
Articles 3(b) and 7. The objective of these amendments  is to ensure a uniform  interpretation 
throughout  the  Community. 

8.  The  objective  of  Article  2  is  to  ensure  that  Member  States  provide  for  the  appropriate 
measures  with the view  to guaranteeing  the effective  operation of the common  rules. 

9.  Articles  3  (1),  4  and  5  are  standard  Articles  dealing  mainly  with  the  incorporation  into 
national  law  of the Directive.  Article  3 (2) takes  into account the provisions  in the Act  of 
Accession  on  the  status  of  Austria  concerning  the  date  of  implementation  of  Council 
Directive 92/14/EEC. 

Proposal for a 
COUNCIL  DIRECTIVE 
amending  Directive 92/14/EEC  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  (1988) 

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 main purpose of the provisions under Council  Directive 92/14/EEC(4) is to restrict 
the operation  of certain  types of  civil  subsonic jet  aeroplanes; 

Whereas  a definition  of  the key  elements  of the Directive  should  prevent  any  ambiguity  as to 
the objective  and the scope of the Directive; 

Whereas  for  airports  grouped  together  as an airport  system  it is generally  sufficient  if certain 
types of noisier aeroplanes can continue to operate to and from  at least one airport  forming  part 
of  the  airport  system;  whereas  the  concentration  of  the  operation  of  certain  types  of  noisier 
aeroplanes in one or more airports forming  part of an airport system should not unduly  restrict 
access to the city  or  conurbation  served by the airport  system; 

Whereas  Article  3  of  that  Directive  provided  exemptions  for  aeroplanes  on  the  registers  of 
developing  nations  and  whereas  the  aeroplanes  so exempted  were  listed  in  the  Annex  to  that 
Directive; 

Whereas  it is necessary  to modify  the Annex to that Directive to add certain  aeroplanes  which 
qualify  for  an  exemption  and  were  not  included  at  the  time  of  adoption;  whereas  it  is  also 
necessary  to  delete  certain  aeroplanes  that  have  been  withdrawn  from  service,  destroyed  or 
otherwise no longer  qualify  for  the exemption; 

(i) 

(2) 

(3) 

(4) 

OJN*  C  ... 
O J N'  C... 
Opinion  of  the  European Parliament  of  ...  (OJ  n'  C .) 
Council  Common  Position  of  ....  (OJ  n*  C .)  and  decision  of  the  European 
Parliament  of  ....  (OJ  n"  C...) 
OJN*  L76,  23.3.1992,  p. 21. 

I*-

Whereas  it  is  essential  to  prevent  irregular  usage  of  registrations;  whereas  the  Annex  now 
contains  for  each  aeroplane  reference  to  the  manufacturers'  construction  number  for  the 
individual  fuselage; 

Whereas  it  is  necessary  to respect  the initial  intention  of the exemption  for  aeroplanes  on  the 
registers of developing nations; whereas the relevant provisions of the Directive should therefore 
be clarified  so that the Directive may produce its full benefits  in terms of restricting the number 
of movements  by  certain types of civil subsonic jet  aeroplanes; 

Whereas  it  is necessary  to clarify  the scope for  exemptions  granted  on economic  grounds; 

Whereas  it  should  be  made  clear  that  a Member  State  can only  establish  a time-table  for  the 
gradual  withdrawal  of  non-compliant  aeroplanes  in  respect  of  aeroplanes  which  are  on  the 
register  of that Member  State; 

Whereas  it  is  essential  that  the  Annex  be  kept  up  to date  and  amended  in  a timely  manner; 
whereas therefore  amendments  shall be drawn up by the Commission  assisted by a committee 
of an advisory  nature; 

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

Whereas under the 1994 Act of Accession Austria shall comply with the provisions of Directive 
92/14/EEC  as from  1 April 2002; 

HAS  ADOPTED  THIS  DIRECTIVE  : 

ARTICLE  1 

Amendments 

Directive  92/14/EEC  is hereby  amended  as  follows 

1.  To Article  1 the following  new paragraph  (3) is added 

"3. 

For  the purposes  of this  Directive : 

'Air  carrier'  means  an air  transport  undertaking  with a valid  operating  licence. 

'Operating  licence'  means  an authorization  granted  to an undertaking  permitting  it  to 
carry out carriage by air of passengers, mail and/or cargo for remuneration and/or hire. 

'Community air carrier' means an 'air carrier with a valid operating licence granted by 
a Member  State in accordance with Council  Regulation (EEC) n'  2407/92 on licensing 
of  air  carriers'. 

'Total  civil  subsonic  iet  fleet'  means  the  total  aircraft  fleet  of  civil  subsonic  jet 
aeroplanes  at the disposal  of the air  carrier,  through  ownership  or  lease  agreement  of 
not  less than one year. 

2.  To Article 2 a new paragraph  (3) is added 

"3. 

Before the date referred  to in paragraph 2, Member  States may limit or exclude 
the  operation  of  civil  subsonic jet  aeroplanes  which  do  not  comply  with  the 
provisions of paragraph  1(a) at one or more of the airports  which are grouped 
together  as  an  airport  system,  as  defined  in  Article 2(m)  and  Annex  II  of 
Council  Regulation  (EEC)  N* 2408/92,  provided  that  the  measures  do  not 
unduly  restrict  access possibilities  for  such aeroplanes to the airport system as 
a whole." 

3. 

In Article 2 the previous paragraph  (3) becomes  paragraph  (4) 

4.  Article  3(b) is replaced  by the following  : 

"(b)  these  aeroplanes  were  on  the  register  of  the  developing  nation  shown  for  that 
aeroplane  in the  Annex  in the reference  year  and continue to be operated  by  natural 
or  legal persons  established  in that  nation." 

5. 

In Articles 4,  and 5(c) and (d)  'airline'  shall be replaced  by  'air  carrier'. 

6.  Article 7 is replaced  by the following  : 

"Member  States may  limit  to  10% of the total  civil  subsonic jet  fleet  of a Community  air 
carrier the annual rate of deletion from  their registers of aeroplanes not complying with the 
standards  of Article 2 paragraph  1(a)." 

7.  Articles  9(a) and 9(b)  which read  as follows,  are inserted  after  Article 9. 

"Article 9(a) 

Amendments  to the  Annex to this  Directive  which  may prove  to be necessary  in order  to 
ensure  full  conformity  with the  criteria  set  out  in Article 3 shall  be effected  according  to 
the procedure defined  in Article 9(b) paragraph  2. 

'  Article 9(b) 

1.  The  Commission  shall  be  assisted  by  the  committee  provided  for  in  Council 

Regulation  (EEC)  n*  3922/91. 

2.  The  representative  of  the  Commission  shall  submit  to  the  committee  a  draft  of  the 
measures  to  be taken.  The  committee  shall  deliver  its  opinion  on  the  draft,  within  a 
time-limit  which the chairman  may  lay down according  to the urgency  of the  matter, 
if  necessary  by  taking  a vote. 

The  opinion  shall  be  recorded  in  the  minutes;  in  additidn,  each  Member  State  shall 
have  the  right  to  ask  to have  its position  recorded  in the minutes. 

The  Commission  shall  take  the  utmost  account  of  the  opinion  delivered  by  the 
committee.  It shall inform  the committee  of the manner  in which  its opinion has been 
taken  into  account". 

8.  The  Annex  to  Council  Directive  92/14/EEC  shall  be  replaced  by  the Annex  hereto. 

ARTICLE  2 

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  ....  (deadline  for  transposai  of the  Directive)  and  shall  notify  any 
subsequent  changes  as  soon  as possible. 

ARTICLE  3 

Implementation 

1.  Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative  provisions 
They  shall  immediately  inform  the 

necessary  to  comply  with  this  Directive  by  ... 
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. 

In conformity  with  Article  168 of the  1994 Act of  Accession  and Annex  XIX  (III)  thereto, 
Austria  shall  put  into  effect  the  measures  necessary  to  comply  with  this  Directive  by 
1 April  2002. 

ARTICLE  4 

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  5 

Addressees 

This Directive  is addressed to the Member States. 

Done at Brussels, 

For the Council 
The President 

« 

"ANNEX 

List  of aeroplanes exempted in accordance with Article 3 

Note  :  Exemptions  to aeroplanes in this Annex are granted  within the general  framework  of 

the United  Nations policies and decisions (e.g.  sanctions,  embargo,  etc.) 

Algeria 

Serial  Nb. 

Type 

Registration 

Operator 

20955 
21053 
21210 
21284 
20884 
21063 
21064 
21065 
21211 
20650 
21285 

B727-2D6 
B727-2D6 
B727-2D6 
B727-2D6 
B737-2D6 
B737-2D6 
B737-2D6 
B737-2D6 
B737-2D6 
B737-2D6 
B737-2D6 

7T-VEH 
7T-VEI 
7T-VEM 
7T-VEP 
7T-VEG 
7T-VEJ 
7T-VEK 
7T-VEL 
7T-VEN 
7T-VED 
7T-VEQ 

Dominican Republic 

Air Algérie 
Air Algérie 
Air Algérie 
Air Algérie 
Air Algérie 
Air Algérie 
Air Algérie 
Air Algérie 
Air Algérie 
Air Algérie 
Air Algérie 

Serial  Nb. 

Type 

Registration 

Operator 

19767 

B707-399C 

HI-442CT 

Dominicana  de Aviacion 

Egypt 

Serial  Nb. 

Type 

Registration 

Operator 

B707-328C 
B707.336C 
B737-266 
B737-266 
B737-266 

SU-DAA 
SU-PBA 
SU-AYK 
SU-AYL 
SU-AYO 

ZAS Airline 
Air  Memphis 
Egypt Air 
Egypt Air 
Egypt  Air 

19916 
19843 
21194 
21195 
21227 

Iraq 

Serial Nb. 

Type 

Registration 

Operator 

20889 
20892 
20893 

B707-370C 
B737-270C 
B737-270C 

YI-AGE 
YI-AGH 
YI-AGI 

Iraqi  Airways 
Iraqi  Airways 
Iraqi  Airways 

Lebanon 

Serial Nb. 

Type 

Registration 

Operator 

B707-
B707-
B707-
B707-
B707-
B707-
B707-
B707-
B707-
B707-
B707-
B707-
B707-
B707-

3B4C 
3B4C 
347C 
347C 
323C 
323C 
323B 
323C 
327C 
327C 
323C 
331C 
321C 
321C 

OD-AFD 
OD-AFE 
OD-AGU 
OD-AGV 
OD-AHC 
OD-AHD 
OD-AHF 
OD-AHE 
OD-AGX 
OD-AGY 
OD-AGD 
OD-AGS 
OD-AGO 
OD-AGP 

MEA 
MEA 
MEA 
MEA 
MEA 
MEA 
MEA 
MEA 
TMA 
TMA 
TMA 
TMA 
TMA 
TMA 

20259 
20260 
19966 
19967 
19589 
19515 
20170 
19516 
19104 
19105 
18939 
19214 
19269 
19274 

Liberia 

Serial Nb. 

Type 

Registration 

Operator 

DC8F-55 
DC8F-55 

EL-AJO 
EL-AJQ 

Liberia World Airlines 
Liberia World Airlines 

45683 
45686 

Libya 

Serial  Nb. 

Type 

Registration 

Operator 

B727-224 
B727-2L5 
B727-2L5 
B727-2L5 
B727-2L5 

5A-DAI 
5A-DIB 
5A-DIC 
5A-DID 
5A-DIE 

Libyan Arab 
Libyan Arab 
Libyan Arab 
Libyan Arab 
Libyan Arab 

Airlines 
Airlines 
Airlines 
Airlines 
Airlines 

20245 
21051 
21052 
21229 
21230 

Mauritania 

Serial Nb. 

Type 

Registration 

Operator 

11093 

F28-4000 

5T-CLG 

Air Mauritanie 

Morocco 

Serial Nb. 

Type 

Registration 

Operator 

20471 
21214 
21215 
21216 

B727-2B6 
B737-2B6 
B737-2B6 
B737-2B6 

CN-CCG 
CN-RMI 
CN-RMJ 
CN-RMK 

Royal  Air Maroc 
Royal  Air Maroc 
Royal  Air Maroc 
Royal  Air Maroc 

4o 

Nigeria 

Serial Nb. 

Type 

Registration 

Operator 

18809 
19664 

B707-338C 
B707-355C 

5N-ARQ 
5N-AOQ 

DAS Air Cargo 
Okada Air 

Saudi Arabia 

Serial Nb. 

Type 

Registration 

Operator 

B737-268C 
B737-268C 
B737-268 
B737-268 
B737-268 
B737-268 
B737-268 

HZ-AGA 
HZ-AGB 
HZ-AGC 
HZ-AGD 
HZ-AGE 
HZ-AGF 
HZ-AGG 

Saudia 
Saudia 
Saudia 
Saudia 
Saudia 
Saudia 
Saudia 

20574 
20575 
20576 
20577 
20578 
20882 
20883 

Swaziland 

Serial Nb. 

Type 

Registration 

Operator 

DC8F-54 
DC8F-54 

3D-AFR 
3D-ADV 

African  International Airways 
African  International Airways 

45802 
46012 

Tunisia 

Serial Nb. 

Type 

Registration 

Operator 

B727-2H3 
B727-2H3 
B727-2H3 
B727-2H3 

TS-JHN 
TS-JHQ 
TS-JHR 
TS-JHT 

Tunis Air 
Tunis Air 
Tunis Air 
Tunis Air 

20545 
20948 
21179 
21235 

Uganda 

Serial Nb. 

Type 

Registration 

Operator 

19821 

B707-379C 

5X-JEF 

Dairo Air Services 

Uruguay 

Serial Nb. 

Type 

Registration 

Operator 

19239 

B707-387B 

CX-BNU 

PLUNA 

11 

Zaïre 

Serial  Nb. 

Type 

Registration 

Operator 

20200 

B707-329C 

9Q-CBW 

Scibe  Airlift 

Zimbabwe 

Serial  Nb. 

Type 

Registration 

Operator 

18930 
45821 

B707-330B 
DC8F-55 

Z-WKU 
Z-WMJ 

Air  Zimbabwe 
Affretair 

1JL 

IMPACT  ASSESSMENT 

IMPACT OF THE PROPOSAL  ON BUSINESSES 
with special  reference  to small  and medium-sized  enterprises 

Title of the proposal  : 

Council  Directive  amending  Directive  92/14 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 (1988). 

Document reference number : 

The proposal 

The impact  on business 

1.  Who will be affected  by the Proposal ? 

Which sectors of business ? 

Air  Carriers 

Which sizes of business (what is the concentration of small and medium-sized  firms)  ? 

The  European  market  structure  is  essentially  centred  on  large  companies  which 
represent 65.4  % of the market.  Charter  companies represent 26.7  % of the European 
aviation  market.  Small  and  medium  sized  enterprises  represent  only  0.5  %  of  the 
market,  with  regional  air  carriers  sharing  0.4  % of  the  overall  market  and  general 
aviation carriers - namely taxi operators  and corporate  operators  - representing 0 . 1% 
on the whole(5>. 

Are these companies  located  in specific  geographical  areas of the Community  ? 

No. 

2.  What  will  business have to do to comply  with the Proposal  ? 

Council  Directive  92/14  already  requires  the  air  carriers  to  phase-out  gradually  between 
1 April  1995 and  1 April 2002 all their non compliant aeroplanes  (the so-called  Chapter  2 
aeroplanes). 

<5) 

"The competitiveness of the European Community's air transport industry" Study by AVM ARK 
Inc, prepared  for the Commission,  28 February  1992. 

<v> 

3.  What economic effects  is the proposal  likely to have ? 

On employment  : 

None 

On investment  and the creation of new business : 

Some,  since  it might  require air carriers to renew their fleet  earlier  than they  would 
otherwise do. 

On the competitive position of business : 

Air  carriers  with  a  relatively  larger  part  of  non-compliant  aircraft  could  be  more 
affected  than those with a less-noisy fleet. 

4.  Does  the Proposal  contain any measures  intended to take account  of the specific  situation 

of small and medium-sized businesses ? 

Under its amended Article 7 it gives Member States the possibility to alleviate the effort for 
the air carriers, by allowing them to withdraw yearly not more than 10  %  of their fleet. This 
provision has a larger relative impact on small  and medium-sized  businesses than on large 
businesses. 

Consultation 

5.  List  of  the  organisations  which have been consulted  about the Proposal  and outline  their 

main views. 

Member  State  Government  experts  have  expressed  wide  agreement  on  the  need  to 
update  urgently  the  list  of  exempted  aircraft  form  developing  nations  as  well  as  to 
provide clarification  on certain provisions of Council  Directive 92/14. 

The Joint Working  Group composed  of  representatives  of  the European Commission 
and the European Civil  Aviation Conference (ECAC) has already formally  adopted an 
updated list of exempted aircraft from developing nations. 

* 

ISSN 0254-1475 

COM(96) 413  final 

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