Proposal for a Council Directive on the limitation of the emission of oxides of nitrogen from civil subsonic jet aeroplanes
Date: 1997-12-03
Institutions: European Commission
Subjects: air quality, aircraft, common transport policy, environmental protection, oxide

C 108/14

EN

Official  Journal  of  the  European  Communities

7.4.98

Proposal  for  a  Council  Directive  on  the  limitation  of  the  emission  of  oxides  of  nitrogen  from
civil  subsonic  jet  aeroplanes

(98/C 108/04)

COM(97)  629  final  —  97/0349  (SYN)

(submitted  by  the  Commission  on  22  January  1998)

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  Commission  communication  ‘The  European
Aircraft 
Industry:  First  Assessment  and  Possible
Community  Action’ (1),  approved  by  the  Council,  shows
clearly the need to resolve environmental problems which
limit  the  future  growth  of  the  aviation  industry;

Whereas  the  Commission  communication  ‘The  Green
Paper on the Impact of Transport on the Environment: a
Community  strategy  for  sustainable  mobility’ (2)  stresses
the  growing  concern  about  emissions  of  oxides  of
nitrogen (NOx) at high altitude; whereas the Commission
communication  on  ‘The  Future  Development  of  the
Common  Transport  Policy:  a  global  approach  to  the
construction  of  a  Community  framework  for  sustainable
mobility’ (3)  clearly  indicates  the  need  to  set  progressively
stricter  standards  for  gaseous  emissions  for  the  different
transport  sectors  and,  more  specifically,  includes  in  its
action  programme  more  stringent  standards  for  NOx
emissions  from  aeroplanes;

Whereas  the  application  of  emission  standards  to  civil
subsonic  jet  aeroplanes  has  significant  consequences  for
the provision of air transport services, in particular where
impose  restrictions  on  the  type  of
such  standards 
aeroplane  that  may  be  operated  by  air  carriers  and
encourage  investment  in  the  latest  and  least  polluting
aeroplanes available;

(1) COM(92)  164  final,  29.4.1992.
(2) COM(92)  46  final,  20.2.1992.
(3) COM(92)  494  final,  2.12.1992.

Whereas  the  European  Community  programme  of  policy
and action in relation to the environment and sustainable
development (4)  shows  clearly  the  importance  of  the
problem  of  air  pollution  and,  in  particular,  the  need  to
take  action  to  protect  the  atmosphere;

in 

Whereas  NOx  emitted  by  aircraft 
the  upper
troposphere  are  implicated  in  the  formation  of  ozone;
whereas  ozone  in  the  upper  troposphere  contributes  to
the  greenhouse  effect;  whereas  research  is  continuing  in
order  to  quantify  and  describe  more  precisely  the  impact
of  NOx  emissions  from  aeroplanes  on  stratospheric
ozone  and  climate;

Whereas air traffic activity is forecast to double by 2010;
whereas, 
in  the  absence  of  stricter  controls,  NOx
emissions  will  increase  in  parallel  with  this  increased
activity;

Whereas  the  majority  of  modern  aeroplane  engines  can
in  NOx
already  achieve 
emissions;

improvements 

significant 

Whereas  the  precautionary  principle  requires  that  while
awaiting  further  scientific  data  concerning  the  effects  of
NOx  emissions  from  aeroplanes,  the  rate  of  increase  of
such  emissions  should  be  reduced  by 
introducing
standards  which  are  consistent  with  the  performance  of
new  technologies  while  not  imposing  excessive  costs;

Whereas,  in  November  1993,  the  International  Civil
Aviation  Organization  (ICAO)  amended  its  standard
applicable to the gaseous emissions from civil aeroplanes,
Part  III,  Chapter  2,  Volume  II  of  Annex  16  to  the
Convention  on  International  Civil  Aviation,  second
edition  (July  1993),  to  include  a  20 %  reduction  in  the
regulatory  level  for  NOx;  whereas  that  reduction  does
not  take  account  of  either  forecast  traffic  growth  or
technical capability;

Whereas,  in  December  1995,  the  third  meeting  of  the
ICAO  Committee  on  Aviation  Environmental  Protection
(CAEP/3)  recommended,  on  the  basis  of  the  available
scientific  and  technical  information,  a  tightening  of  the
NOx  emission  standard  by  a  further  16 %,  in  order  to
provide,  in  the  context  of  increasing  air  traffic,  adequate
environmental  protection;

(4) OJ  C  138,  17.5.1993,  p.  5.

7.4.98

EN

Official  Journal  of  the  European  Communities

C 108/15

Whereas,  in  the  absence  of  action  at  the  international
level, it is appropriate and justified for the Community to
introduce measures to reduce NOx emission, in line with
those  recommended  by  CAEP/3,  in  so  far  as  those
measures  do  not  create  unnecessary  obstacles 
to
international  trade;  whereas  more  stringent  emission
standards  should  accordingly  be 
in  the
Community  by  means  of  a  non-addition  rule  which  will
not  affect  air  carriers  based  on  third  countries,

introduced 

HAS  ADOPTED  THIS  DIRECTIVE:

Article  1

The  objective  of  this  Directive  is  to  lay  down  rules  to
restrict future registration in the Member States of certain
civil subsonic jet aeroplanes in order to reduce the overall
level  of  NOx  emissions.

Article  2

jet
Member  States  shall  ensure  that  civil  subsonic 
aeroplanes fitted with engines of a type or model number
of  which  the  date  of  manufacture  of  the  first  individual
production  model  is  after  31  December  1999  or  for
which the date of manufacture of the individual engine is
after  31  December  2007  shall  not  be  added  to  their
registers  unless  those  engines  are  of  a  type  having  NOx
emission  levels,  measured  and  computed  in  accordance
with  the  procedures  of  Part  III,  Chapter  2,  Volume  II  of
Annex  16  to  the  Convention  on  International  Civil
Aviation,  second  edition,  (July  1993),  no  greater  than  a
regulatory 
in  accordance  with  the
formulae  set  out  in  Annex  to  this  Directive.

level  determined 

Article  3

No later than four years following the implementation of
this  Directive,  the  Commission  shall  submit  to  the
Council  a  report  on  the  results  of  studies  presently
underway and an evaluation of the development of NOx
emissions  from  aeroplanes.

Article  4

1. Member  States  shall  adopt  and  publish,  before
30  June  1999,  the  provisions  necessary  to  comply  with
this  Directive.  They 
the
shall 
Commission  thereof.  They  shall  apply  these  provisions
with  effect  from  31  December  1999.

forthwith 

inform 

When  Member  States  adopt  these  provisions,  these  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.

the
shall 
2. Member 
Commission  the  text  of  the  provisions  of  national  law
which  they  adopt  in  the  field  covered  by  this  Directive.

communicate 

States 

to 

Article  5

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  4  and  shall  notify  any  subsequent
changes  as  soon  as  possible.

Article  6

This Directive shall enter into force on the twentieth day
following  its  publication  in  the  Official  Journal  of  the
European  Communities.

Article  7

This  Directive  is  addressed  to  the  Member  States.

C 108/16

EN

Official  Journal  of  the  European  Communities

7.4.98

ANNEX

Formulae  for  determining  the  regulatory  levels  referred  to  in  Article  2

1. For  engines  with  a  maximum  rated  thrust  of  more  than  89,0  kN:

Dp/F00 = 19 + 1,6 (cid:240)

00

2. For  engines  with  a  maximum  rated  thrust  of  more  than  26,7  kN  but  not  more  than  89,0  kN:

Dp/F00 = 37,572 + 1,6 (cid:240)

00 − 0,2087 F00

where  Dp

represents the mass of any gaseous pollutant emitted during the reference emissions landing
and  take-off  cycle;

where  F00
where  (cid:240)

00

represents  the  rated  output;

represents  the  reference  pressure  ratio.

The  above  symbols  are  defined  in  Part  I,  Chapter  1,  Volume  II  of  Annex  16  to  the  Convention  on
International  Civil  Aviation,  second  edition  (July  1993).