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 recertificated 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)
Date: 1998-03-09
Institutions: European Commission
Subjects: International Civil Aviation Organisation, application of EU law, civil aviation, international standard, noise protection

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  09.03.1998 
COM(1998) 98 final 

98/0070 (SYN) 

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  recertificated 
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) 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

I. 

Introduction 

1.  One  of 

the 

common 

transport  policy 

the  key  objectives  of 

is 
"sustainable mobility"1.  This  type  of  mobility  aims  at  ensuring  both  the  effective 
functioning  of  the  Community's  transport  system  and  the  protection  of  the 
environment.  Technical  measures,  such  as  noise  standards  for  aeroplanes, 
contribute to sustainable mobility by ensuring a reduction in the noise produced by 
individual  aeroplanes.  In  addition,  a  further  reduction  in  noise  emissions  from 
aeroplanes 
the 
is 
Community programme  of  policy  and  action  in  relation  to  the  environment  and 
sustainable development2. 

specifically  mentioned 

2000 

year 

the 

by 

in 

2. 

The Community started to legislate on noise from  aeroplanes almost 20 years ago. 
The latest Community initiative is Council Directive 92/14/EEC3 of 2 March 1992. 
This  Directive  provided  for  the  gradual  phase-out  between  1  April  1995  and 
1 April 2002  of  the  operation  of  all  civil  subsonic jet  aeroplanes  not  complying 
with the most stringent international  noise standards (Chapter 3 of Annex  16 to the 
Convention  on  International  Civil  Aviation). Article  5 of this  Directive  exempted 
from  the phase-out  rules effective  from  1995 those aeroplanes which, although not 
complying  with  the  most  stringent  standards,  could  be  modified  to  meet  those 
standards,  through  so-called  "hushkitting",  provided  that  the  equipment  was 
ordered  by  1 April  1994 and  that  the  earliest  delivery  date  for  the  modifications 
was accepted. 

3.  Directive 92/14/EEC  did  not, however,  mention the subsequent  fitting  of hushkits 

to noisier aeroplanes to comply with these phase-out rules. 

Currently, hushkits permitting noisy aeroplanes to meet  Chapter  3 noise  standards 
already exist for the following aeroplanes types: 

Boeing 727 - 100 and 200 series 
Boeing 737-200 non ADV and ADV series 
Douglas DC-8 - 62 and 63 series 
Douglas DC-9 - 10 and 30 series 

and hushkits are being developed for the following aeroplanes types: 

Boeing 707 - 100 and 200 series 
BAC 1 -11 400 and 500 series 
Douglas DC-8 - 50 série 
Douglas DC-9 - 50 série 

Through  the  purchase  of  hushkits  air  carriers  can  extend  the  life  of  aeroplanes 
which are more than 25 years old and avoid investment in new aeroplanes. 

1  COM(92) 494 final, 2.12.1992 and COM(95) 302 final,  12.7.1995. 
2  OJC  138, 17.5.1993, p. 5. 
3  OJL 76, 23.3.4992, p. 21. 

II.  Community action 

4. 

In  the  Community,  aeroplanes  on  Member  States'  registers  which  have  been 
hushkitted  to  meet  the  Chapter  3 standards  currently  represent  only  a  very  small 
percentage  of  the  total  commercial  civil jet  fleet,  namely  36  aeroplanes  out  of a 
total of2  3524, or  1.5%. 

In  the  United  States  the  situation  is  somewhat  different.  As  opposed  to  the 
Community,  the  US  adopted  legislation  on  the  "stage  2"  (the  US  equivalent  to 
Chapter  2)  which  anticipated  and  does,  therefore,  not  follow  Appendix  D  to  the 
International  Civil Aviation Organization  (ICAO) Resolution  A 31-11 on possible 
operating  restrictions  on  subsonic  jet  aircraft  which  exceed  the  noise  levels  in 
Volume  I,  Chapter  3  of  Annex  16.  This  Appendix  urged  states  not  to  begin 
the phase-out  before  1 April  1995  and  to  allow  for  a  gradual  phase-out  over  a 
period  of  not  less  than  seven  years.  This  date  and  period  are  an  integral  part  of 
Directive 92/14/EEC.  In  the  US,  however,  the  airport  noise  and  capacity 
Act of 1990  required  the  complete  phase-out  of  large  Stage  2  aircraft  by 
31 December  1999.  Moreover,  this  Act  imposed  three  interim  compliance  dates, 
namely 31 December  1994, 31 December  1996 and 31 December  1998, by which a 
minimum percentage of the fleet had to be Stage 3 (55% in  1994, 65% in  1996 and 
75%)  in  1998)  or  by  which  the  Stage  2  fleet  had  to  be  reduced  by  a  certain 
percentage  (25% in  1994,  50%> in  1996,  75%  in  1998).  The  only  economically 
feasible way to meet these interim compliance requirements was by using hushkits 
on existing Stage 2 aircraft.  This explains why by the end of  1996, to meet the US 
national  Stage 2  phase-out programme around 650 aeroplanes had been  hushkitted 
to meet the most stringent noise standards. As part of an economic analysis carried 
out  by  ICAO,  the  Air  Transport  Association  (the  US  air  carriers  association)  in 
conjunction  with  the International  Air Transport  Association  (the international  air 
carriers  association)  reported  that  they  expected  about  1  500  aeroplanes  to  be 
hushkitted by 2000. 

The  international  noise  certification  standards  as  specified 
in  the  various 
Chapters of the  aforementioned  Annex  16 lay down  maximum  noise  levels  at the 
three measurement  points  used  for  certification,  namely  the  lateral,  approach  and 
flyover  noise  measurement  point.  However,  the  certification  procedure  allows  to 
offset  any excesses  at one of the measurement  points by corresponding  reductions 
at the other point  or points. Since the standards  are defined  as noise  levels not be 
exceeded,  most  aeroplanes  remain  well  below  these  maximum  levels  and  have a 
"margin". Although the noise level of hushkitted aeroplanes formally complies with 
Chapter 3 noise standards, it is significantly  worse, mass for mass, than for current 
production Chapter 3 aeroplanes. In addition, the majority  of hushkitted  aeroplanes 
do not  actually meet Chapter  3 at all measurement  points, being  allowed  to  offset 
their  debit  at  one  measurement  point  against  a  benefit  at  another  measurement 
point.  The  use  of  this  so-called  "traded  margin"  together  with  operational 
restrictions  such  as  weight  and  flap  limitations  allows  aeroplanes  that  would 
normally  have been  retired  under  Directive  92/14/EEC  to  continue  flying  beyond 
their  25  years'  life  provided  for  in  this  Directive.  The  margins  in  relation  to 
Chapter 3 noise limits for Chapter 2 aeroplanes hushkitted to meet Chapter 3 noise 
requirements  currently  vary  between  -0.1  and  4.6  EPNdB,  whereas  for  current 
technology Chapter 3 aeroplanes these margins vary between 6.6 and 26.8 EPNdB. 

5. 

4  Source, Airclaims Ltd, September 1996. 

This  implies  that  the  use  of  hushkittcd  aeroplanes  will  make  a  disproportionate 
contribution  to the noise impact around airports where they are introduced. 

6.  Moreover,  the  environmental  performance  of  hushkitted  or  similarly  modified 
aeroplanes,  in  terms  of  fuel  burn  and  atmospheric  pollutants  is  in  general  worse 
than  that  of  current  production  aeroplanes  due  to  the  weight  and  performance 
penalties  resulting  from  the  hushkit,  and  the  older,  less  fuel  efficient  original 
engines,  most  of which  date back  to  the  1960s.  The  specific  fuel  consumption  at 
maximum  take-off  rating  for  hushkitted  Chapter  2  aeroplanes  can  be  50% higher 
compared 
to  current  technology  Chapter  3  aeroplanes.  The  emissions  of 
hydrocarbons  and  nitrogen  oxides  during  the  landing  and  take-off  cycle  for 
hushkitted  Chapter  2  aeroplanes  are  about  30%  higher  compared  to  current 
technology Chapter 3 aeroplanes. 

7. 

In  order  to  avoid  a  further  deterioration  of  the  noise  situation  around  Community 
airports  and  to  limit  other  environmental  damage  as  well  as  to  prevent  between 
April  1999 and  2002  a transfer  of hushkitted  aircraft  from  US, to  Member  States' 
registers as a result of the anticipated  application by the US of the ICAO Chapter 2 
phase-out  rules,  it  is justified  to  prevent  Member  States  from  adding  acoustically 
modified  older aeroplanes to their registers through a so-called  "non-addition" rule. 
As  has  been  shown,  this  type  of  aeroplane  is  not  yet  a  problem  in  relation  to 
aeroplanes  on  Member  States'  registers,  the  aim  of  this  non-addition  rule  is  to 
ensure  that  in  the  future  they  do  not  become  one  and  that  the  environmental 
benefits  of  the  technical  progress  achieved  since  the  adoption  of  the  Chapter  3 
standards are preserved. 

In  this  context  it  should  be  highlighted  that  as  far  as  Community  registers 
are concerned: 

this proposal is for a non-addition rule; and 

a  clear  distinction  has  to  be  made  between  a  non-addition  rule  and  a  non-
operation  rule. A non-addition  rule,  such  as the one presented  in the present 
Directive  for  Community  registers  , prevents  the addition  of  non-complying 
aeroplanes  to  Member, States'  registers  but  does  not  affect  the  aeroplanes 
which  are  already  on  these  registers  nor  does  it  limit  the  possibilities  to 
operate those aeroplanes at Community  airports. A non-operation  rule, on the 
contrary,  directly  affects  the  use  of  a  non-complying  aeroplane,  since  it 
prohibits such an aeroplane to land or take-off at Community airports. 

8.  However,  for  aeroplanes on  the register of a third  country it is not possible for the 
Community  to impose a non-addition  rule. For such aeroplanes the same  objective 
can be achieved through a non-operation rule which will only affect  aeroplanes that 
have not been operated into the Community and are not on the register of the third 
country  concerned  when  the  non-addition  rule  comes  into  effect  for  aeroplanes 
registered 
in  the  Community.  The  introduction  of  equivalent  requirements 
applicable  to  aeroplanes  registered  in  third  countries  aims  at  maintaining  the 
effectiveness  of  the present  initiative  and  at preventing  distortions  of  competition. 
In order to be consistent with  the phase-out  arrangements  and the final cut-off  date 
as provided  for  in  Council  Directive  92/14/EEC  for  Chapter  2  aeroplanes,  whose 
overall  noise  level  is  in  excess  of  Chapter  2  aeroplanes  fitted  with  hushkits, 
the non-operation  rule  for  non-complying  aeroplanes  on  third  country  registers 
should  only  come  into  effect  at that final cut-off  date.  In  addition,  the provisions, 

applicable  to  aeroplanes  on  third  country  registers,  should  also  take  into  account 
the scope  of  the  non-addition  rule  for  Chapter  2  aeroplanes,  as  laid  down  in 
Council Directive  89/629/EEC,  which  applied  only  to  aeroplanes  added  to 
Member States' registers. 

9. 

In making its proposal, the Commission  has also considered  its compatibility  with 
the principle of subsidiarity by addressing the following  questions 

(a)  What are the objectives of the proposal  in relation to  the obligations of the 

Community and what is the Community dimension of the problem? 

As part of the common transport policy, the Community has, under Article 84(2) of 
the Treaty enacted  the third-aviation  package which has created  an internal  market 
for  air  transport  services  where  the  rules  for  the  operation  of  such  services  have 
been  largely  harmonized.  This  harmonization  also  covers  technical  standards  for 
noise  from  civil  subsonic  aeroplanes.  These  standards  have  contributed  to  the 
gradual  improvement  of  the  noise  climate  around  Community  airports.  However, 
high  annual  growth  rates  in  air  transport  have  to  some  extent  eroded  the 
environmental  benefits  resulting  from  the  gradual  introduction  of  more  stringent 
noise standards. As set out before, the purpose of the present proposal is to prevent 
a further  deterioration of the noise situation around airports. 

(b)  Does competence for  the planned  activities lie solely with the  Community or 

is it shared with the Member States? 

The Commission has prevented the addition of non-noise certificated  aeroplanes to 
Member  States'  registers  by  virtue  of  Council  Directive  80/51/EEC  and  of 
Chapter 2  aeroplanes  by  virtue  of  Council  Directive  89/629/EEC.  Moreover,  the 
Community  has, by  virtue  of Council  Directive  92/14/EEC,  fully  harmonized  the 
noise  standards  which  aeroplanes  from  Member  States  and  third  countries  must 
fulfill  in  order  to  operate  at  Community  airports.  The  envisaged  strengthening  of 
those  standards  by  the  exclusion  of  acoustically  modified  Chapter  2  aeroplanes 
implies  modifications 
to  that  latter  Directive  and  can,  therefore,  only  be 
implemented at Community level. 

In  conformity  with  the  proportionality  principle,  a  Directive  is  considered 
sufficient  in this case. It leaves  each  Member  State the right to decide on the best 
implementation tools which fit its internal system. 

10.  Given  the  international  character  of  air  transport,  it  would  be  preferable  that  any 
measure aimed at limiting aeroplane noise nuisance should be taken at international 
rather  than  at  regional  or  national  level.  However,  since  it  has  so  far  not  been 
possible  to  agree  on  such  measures  within  the  framework  of  ICAO,  the 
Commission  feels  that  some  action  should  now  be  initiated  at  Community  level. 
The measures  contained  in the present  proposal  are consistent  with  the  obligatory 
provisions of the Convention on International Civil Aviation. 

11.  Finally,  the  measure  was  part  of  a  number  of  possible  solutions  to  the  noise 
problem  put  forward  in  the  Consultation  Paper  on  the  limitation  of  the  impact  of 
noise  from  air  transport  which  has  been  presented  in  preparation  of  the  present 
proposal  to all  Member  States and  stakeholders  - airport,  air carriers, air  transport 
users,  aeronautical  manufacturing 
industry,  transport  workers  organizations, 
international  aviation  bodies, environmental  protection  groups  as well as local and 

regional  authorities.  In addition,  in order  to produce the widest  possible  effect,  the 
Commission services are cooperating with the European Civil Aviation  Conference 
(EC AC) with a view to ensuring a harmonized  approach beyond the frontiers  of the 
Community.  In  this  context,  the  triennial  session  of  ECAC  which  took  place 
in Strasbourg  in  July  1997, agreed  "that  action  should  be  taken  at  European  level 
to prevent  the  addition  of  those  aircraft  which  had  been  "hushkitted"  so  that 
they could  only  just  meet  higher-(Chapter  3)  noise  standards.  The  measure 
complies  with  the  ECAC  policy  objective  to  reduce  the  level  of  noise  emissions 
from  aircraft. 

III.  Contents of the Directive 

12.  Article  1 lays  down  the  general  objective  of  the  Directive.  Article  2 contains  the 
definitions which are necessary for the proper interpretation of the Directive. 

13.  Article  3  is  the  core  of  the  Directive.  In  its  Paragraph  1,  it  lays  down  the 
non-addition  rule  for  modified  aeroplanes.  These  modifications  include  hushkits, 
engine modifications,  redesigned nacelles or other technical measures which do not 
permit  full  compliance  at  all measurement  points  used  for  Chapter  3  certification, 
as  well  as  the  use  of  operational  restrictions  with  a  view  to  improving  the 
acoustic performance. 

Paragraph  3 aims at ensuring a level playing field between  aeroplanes registered  in 
the  Community  and  those  registered  in  third  countries  by  limiting 
the  use  of 
non-complying third-country aeroplanes at Community airports. 

14.  Article  4  provides  for  a  limited  number  of  exemptions.  Amongst 

these 
exemptions are  aeroplanes  operated  exclusively  outside  the  Community  and 
"exceptional cases" of a temporary nature. 

15.  The  objective  of  Article  5  is  to  ensure  that  Member  States  provide  for  the 
appropriate measures to guarantee the effective  operation of the common rules. 

16.  Articles  6,  7 and  8 are  standard  Articles  dealing  mainly with  the  incorporation  of 

the Directive into national law. 

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  recertificated 
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) 

(Text with EEA relevance) 

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 Commission5, 

Having regard to the opinion of the Economic and Social Committee6, 

Acting  in  accordance  with  the  procedure  referred  to  in  Article  189c  of  the  Treaty  in 
cooperation with the European Parliament7, 

Whereas  one  of  the  key  objectives  of  the  common  transport  policy  is  sustainable 
mobility;  whereas  such  a  policy  can  be  defined  as  a  global  approach  which  aims  at 
ensuring  both  the  effective  functioning  of  the  Community's  transport  systems  and  the 
protection of the environment; whereas it is appropriate to take technical  measures which 
contribute to the achievement of sustainable mobility; 

Whereas  the  Commission  Communication  on  the  future  development  of  the  common 
transport  policy:  a global  framework  to the construction  of a Community  framework  for 
sustainable  mobility8  explicitly  refers  to  the  introduction  of  a non-addition  rule  for  the 
noisiest aeroplanes; 

Whereas the fifth action programme of 1992 on the environment, the general approach of 
which  was  endorsed  by  the  Council  and  the  Representatives  of  the  Governments  of the 
Member  States,  meeting  within  the  Council,  in  their  Resolution  of  1  February  19939 
envisages  further  Jegislative  measures  aimed  at  reducing  noise  emissions  from 
aeroplanes;  whereas  the  said  programme  lays  down  the  objective  that  no  person  should 
be exposed to noise levels which endanger health and quality of life; 

Whereas  the  growth  in  air  transport  activities  at  Community  airports  is  increasingly 
determined  by environmental  constraints; whereas the operation  of less noisy  aeroplanes 
at these airports can contribute to a better use of available airport capacity; 

5 
OJC 
6  OJC 
7 

Opinion  of  the  European  Parliament  of  ....(OJ  C  of 
European  Parliament of.... (OJ C ....) 
COM(92)494 final, 2.12.1992. 

8 
9  OJC  138,  17.5.1993, p. 1. 

),  Council  Common  Position  of 

(OJ  C 

)  and  Decision  of  the 

7 

Whereas  older  types  of  aeroplanes  modified  to  improve  their  noise  certification  level, 
have  a  noise  performance  which  is  significantly  worse,  mass  for  mass,  than  that  of 
modern  types  of  aeroplanes  originally  certificated  to  meet  the  standards  of  Volume 1, 
Part II,  Chapter  3  of  Annex  16  to  the  Convention  on  International  Civil  Aviation, 
third edition  (July  1993);  whereas  those  modifications  prolong  the  life  of  an  aeroplane 
that  would  normally  have  been  retired;  whereas  those  modifications  tend  to worsen  the 
gaseous emissions performance  and fuel  burn of earlier technology aero engines; 

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  deterioration  of  the  noise  situation 
around  Community  airports  as  well  as  improving  the  situation  regarding  fuel  burn  and 
gaseous emissions; 

Whereas  in  a  Community  without  internal  frontiers,  it  is  appropriate  to  exclude from 
this non-addition  rule  aeroplanes  entered  in  any  Member  State's  register  prior  to 
1 April  1999; 

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 by  leaving  to each  Member  State the right  to 
decide the best implementation tools that fit its internal system; 

Whereas  a non-addition  rule  combines  technical  feasibility  with  environmental  benefits 
without imposing an undue economic burden; 

Whereas  it  is  necessary  to  minimize  possible  distortions  of  competition  by  establishing 
equivalent  requirements  applicable  to  aeroplanes  registered  in  third  countries;  whereas 
since the Community  has no competence  over third-country  registers, that  objective  can 
only be  achieved  by restricting  the operation  of non-complying  aeroplanes  registered  as 
from  1 April  1999 in third  countries; whereas  the  date  for  introducing  such  restrictions 
should take account of the final cut-off  date for the operation of Chapter 2 aeroplanes as 
provided  for  in  Council  Directive  92/14/EEC  of  2 March  1992  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)10,  as  well  as 
the extent  of  the  non-addition  provisions  for  Chapter  2  aeroplanes  as  laid  down  in 
Council Directive 89/629/EEC  of  4 December  1989 on  the  limitation  of  noise  emission 
from civil subsonic jet aeroplanes11; 

Whereas  the  main  objective  of  the  measure  is  to  limit  noise  at  Community  airports, 
aeroplanes  may  be  exempted  from  the  non-addition  rule  when  they  are  not  operated 
in the Community territory; whereas exemptions may  also apply for aeroplanes operated 
in the  French  overseas  departments  in  view  of  their  geographical  location,  as  well  as 
temporary  exemptions,  in  order  for  the  rules  to  produce  their 
full  environmental 
benefits, for operations of exceptional nature; 

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

10  OJL 76, 23.3.1992, p.  21. 
11  OJL 363, 13.12.1989, p. 27. 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 

Objective 

The objective of this  Directive  is to lay down  rules to prevent  future  deterioration  in the 
overall  noise  impact  in  the  Community  of  rccertificated  civil  subsonic  jet  aeroplanes 
while at the same time limiting other environmental damage. 

Article 2 

Definitions 

For the puqjoses of this Directive, the following  definitions  shall apply: 

1. 

2. 

3. 

4. 

5. 

6. 

"civil  subsonic jet  aeroplane":  a  civil  subsonic  jet  aeroplane  with  a  maximum 
certificated  take  off  mass  of  34 000  kg  or  more,  or  with  a  certified  maximum 
internal  accommodation  for the aeroplane type in question  consisting  of more than 
19-passenger seats, excluding any seats for crew only and powered by engines with 
a by pass ratio of less than three; 

"recertificated civil subsonic jet  aeroplane''':  a civil subsonic jet  aeroplane  initially 
certificated  to Chapter  2 or equivalent  standards,  or  initially  not  noise  certificated 
which  has  been  modified  to  meet  Chapter  3  standards  either  directly  through 
technical measures or indirectly through operational restrictions; 

"Chapter 2" and  "Chapter 3": the noise  standards  as defined  in  Volume  I, Part II, 
Chapter  2  and  Chapter  3  respectively,  of  Annex  16  to  the  Convention  on 
International  Civil Aviation, third edition (July 1993); 

"operational  restrictions":  weight  restrictions  imposed  on  the  aeroplane  and/or 
operational  limitations  within  the  control  of  the  pilot  or  the  operator,  such  as 
reduced flap setting; 

"to register an aeroplane": the  formal  act whereby the nationality  of an  aeroplane 
is  established  through  its  entry  on  the  national  register  of  a  Member  State  or  a 
third country; 

"the  territory  of  the  Community":  the  territory  subject  to  the  provisions  of 
the Treaty. 

Article 3 

Non-complying  aeroplanes 

1.  Member  States  shall  ensure that  recertificated  civil  subsonic jet  aeroplanes  cannot 

be registered in their territory as from  1  April 1999. 

2. 

The provisions  of paragraph  1 shall  not  affect  civil  subsonic jet  aeroplanes  which 
were already on the register of any Member State before  1  April 1999. 

3.  Notwithstanding 

the  provisions  of  Directive  92/14/EEC  and 

in  particular 
Article 2(2)  thereof,  as  from  1  April  2002  Member  States  shall  not  allow  the 
operation  at airports  in their territories of recertificated  civil  subsonic jet  aeroplanes 
registered  in  a third  country  unless they  were  on  the  register  of  that  third  country 
before  1 April  1999  and  prior  to that dale  have been  operated  into the territory of 
the Community. 

Article 4 

Exemptions 

1.  Member  States  may  grant  temporary  exemptions from the provisions  of Article 3 
for civil subsonic jet  aeroplanes whose operations are of such an exceptional nature 
that  it  would  be  unreasonable  to  withhold  a  temporary  exemption,  such  as  for 
emergencies or for humanitarian  aid. 

2.  Member  States  may  grant  exemptions  from  the  provisions  of  Article  3  for 
civil subsonic  jet  aeroplanes  which  are  exclusively  operated  outside  the  territory 
of the  Community  and  for  those  exclusively  operated  in  the  overseas  departments 
of France. 

Article 5 

Penalties 

Member  States  shall  lay  down the  system  of penalties  applicable  to  infringement  of the 
national  provisions  adopted  pursuant  to  this  Directive  and  shall  take  all  the  measures 
necessary to ensure that those penalities 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  6(1), 
first subparagraph and shall notify  any subsequent changes as soon as possible. 

Article 6 

Implementation 

1.  Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  [....].  They  shall  forthwith 
inform the 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.  Member States shall communicate to the Commission the texts of the provisions of 

domestic law which they adopt in the field governed by this Directive. 

Article 7 

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. 

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Article 8 

Addressees 

This Directive is addressed  to the Member States. 

Done at Brussels, 

For the Council 
The President 

11 

IMPACT  ASSESSMENT 

Impact of the proposal on businesses with special  reference 

to small and medium-sized enterprises (SMEs) 

Title of the proposal: 

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  recertificated 
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) 

Reference number: 

The proposal: 

The impact on business 

1.  Who will be affected  by the proposal? 

Which sectors of business? 

Air  carriers  (Community  carriers  initially  and  carriers  from  third  countries 
afterwards) 

Which  sizes  of  business  (what 
medium-sized firms) 

is 

the  concentration  of  small  and 

The  European  air  carrier  market  essentially  consists  of  big  companies,  which 
account for 65.4% of the market. Charter companies represent 27.6% and small and 
medium-sized firms only in the order of 5%. 

Are  there  particular  geographical  areas  of  the  Community  where  these 
businesses are  found? 

No 

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

As from 1  April  1999 it will no longer be possible for community air carriers to add 
to their  fleet  older aircraft  which have been modified  (equipped  with hush-kits)  to 
meet more stringent noise standards, namely Chapter 3 standards. 

12 

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

It should be noted that the general approach to fleet planning and extension  adopted 
by  Community  air carriers  is not  to  modify  older  aircraft  through  htishkitting, but 
rather to invest in new  less noisy aircraft.  In addition, there are no manufacturers  of 
hushkits established  in the Community. Therefore, the impact 

on employment; 

on investment and the creation of new businesses; 

on the competitive position of business 

will not be  significant. 

4.  Does  the  proposal  contain  measures  to  take  account  of  the  specific  situation  of 

small and medium-sized firms? 

Indirectly, since aircraft  of less than 34 000 kg or with less than 20 passenger seats 
are not affected  by the proposal. 

Consultation 

List of the organizations which have been consulted and outline of their views 

5. 

The  issue  has  been  addressed  in  the  context  of  a  consultation  paper  on  the 
limitation of aircraft  noise which has been sent last November to the various parties 
concerned:  Member  States,  airport  operators,  air  carriers,  workers  organizations, 
local  and  regional  authorities,  international  bodies,  consumer  organizations  and 
environmental  protection  groups.  A  majority  of  the  parties  consulted  support  the 
initiative contained in the present proposal. 

13 

ISSN 0254-1475 

COM(98) 98 final 

DOCUMENTS 

EN 

07  11 

Catalogue  number  :  CB-CO-98-116-EN-C 

ISBN  92-78-31409-9 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

14