Amended 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: 1997-06-04
Institutions: European Commission
Subjects: International Civil Aviation Organisation, application of the law, civil aviation, developing countries, marketing

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 04.06.1997 
COM(97) 253  final 

97/0209  (SYN) 

Amended 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 pursuant to Article 189 a (2) 
of the EC-Treaty) 

Explanatory  memorandum 

During  its  plenary  session  on  11  March  1997  the  European  Parliament  approved  the 
proposal  for  a  Council  Directive  presented  by  the  Commission  aimed  at  amending 
Directive  92/14/EEC  on the limitation  of  the operation  of aeroplanes  covered  by  Part  II, 
Chapter  2,  Volume  I  of  Annex  16 to  the  Convention  on  International  Civil  Aviation, 
second  edition (1988).  It also adopted  nine amendments to the text put  forward. 

The Commission  accepted the amendments  concerning Recital  7 a (new) and Article  1  (4 
a)  new,  since  they  strengthen  the  conditions  under  which  an  exemption  granted  to  an 
aeroplane registered  in a developing nation continues to remain valid 

However, the Commission  was unable to accept the amendments  concerning 

•  recitals  3,3  a  (new)  and  Article  1(2),  since  they  would  be  contrary  to  the  balanced 

approach  adopted  in Directive 92/14/EEC 

•  recital  10  and  Article  1  (7),  because  they  would  make  it  obligatory  for  the 
Commission  to  propose  another  amending  Directive  instead  of  using  the  Committee 
procedure  in  order  to  include  in  the  Annex  a  small  number  of  aeroplanes  from 
developing nations, which could be considered  for  an exemption  in the year 2000, the 
year in which those aeroplanes will reach 25 years of age. 

•  Article  1(1)  and  the  Annex,  because  Saudi  Arabia  is  included  in  the  official 
international  list of developing  nations  and  its aeroplanes  included  in the Annex  meet 
the criteria laid down  in Article 3 of Council  Directive 92/14/EEC  as amended  by this 
proposal for  a Directive. 

£ 

Amended  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) 

Original text 

Amended  text 

intention  of 

the  exemption 

Whereas  it  is  necessary  to  respect  the 
for 
initial 
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; 

intention  of 

the  exemption 

Whereas  it  is  necessary  to  respect  the 
for 
initial 
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  an  exemption  granted  for  an 
aeroplane  from  a  developing  nation  shall 
only benefit that nation; 

Article  1, Point 4 
AMENDMENTS 

Directive  92/14/EEC  is hereby  amended  as  Directive92/14/EEC  is  hereby  amended  as 
follows  : 

follows : 

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

'(b)  These  aeroplanes  were  on  the  register 
of  the  developig  nation  shewn  for  that 
aeroplane  in  the  Annex  in  the  reference 
year and continue to be operated  by natural 
or legal  persons established  in that nation.' 

(c)  The  exemption  shall  not  apply  in  case 
the aeroplane  is leased  to  a natural  or  legal 
person  established  in  a  country  other  than 
the one mentioned  for  that  aeroplane  in the 
Annex. 

ISSN 0254-1475 

COM(97) 253  final 

DOCUMENTS 

EN 

07  11 

Catalogue  number  :  CB-CO-97-241-EN-C 

ISBN  92-78-20175-8 

Office  for Official  Publications of the European Communities 

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