Council Directive 98/20/EC of 30 March 1998 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: 1998-03-30
Institutions: Council of the European Union
Subjects: EU Member State, air transport, aircraft, civil aviation, standard, transport regulations

L 107/4

‹

EN

‹

Official Journal of the European Communities

7. 4. 98

COUNCIL DIRECTIVE 98/20/EC

of 30 March 1998

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 (1),

of developing nations; whereas the relevant provi-
sions of the said Directive should therefore be clari-
fied to that effect;

(6) Whereas an exemption granted for an aeroplane
from a developing nation should benefit only that
nation;

Having regard to the opinion of the Economic and Social
Committee (2),

(7) Whereas it

is necessary to clarify the scope for

exemptions granted on economic grounds;

Acting in accordance with the procedure laid down in
Article 189c of the Treaty (3),

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

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

(3) Whereas this Directive does not deprive an indi-
the possibility of having
vidual Member State of
recourse to the relevant provisions of Council Regu-
lation (EEC) No 2408/92 of 23 July 1992 on access
for Community air carriers to intra-Community air
routes (5) in accordance with their terms;

(4) Whereas, due to the exceptional historical situation
of the airports serving the Berlin conurbation and
the airports of Berlin Tegel and
the location of
Berlin Tempelhof close to the city centre, it is justi-
fied to exempt temporarily these two airports from
the application of certain provisions of Directive
92/14/EEC;

(5) Whereas it is necessary to respect the initial inten-
tion of the exemption for aeroplanes on the registers

(1) OJ C 309, 18. 10. 1996, p. 9.
(2) OJ C 66, 3. 3. 1997, p. 4.
(3) Opinion of the European Parliament of 13 March 1997 (OJ C
115, 14. 4. 1997, p. 24), Council Common Position No 42/97
of 9 October 1997 (OJ C 375, 10. 12. 1997, p. 25) and De-
cision of the European Parliament of 13 January 1998 (OJ C
34, 2. 2. 1998).

(4) OJ L 76, 23. 3. 1992, p. 21.
(5) OJ L 240, 24. 8. 1992, p. 8. Regulation as amended by the

1994 Act of Accession.

(8) Whereas it should be made clear that a Member State
can only establish a timetable for the gradual with-
drawal of non-compliant aeroplanes in respect of
aeroplanes which are on the register of that Member
State;

(9) Whereas some Member States have agreements with
third country carriers allowing them an exemption
for phasing out Chapter 2 aeroplanes similar to that
granted to Community air carriers; whereas it
is
appropriate that
these agreements should not be
revoked;

(10) Whereas it is essential that the Annex to Directive
92/14/EEC be kept up to date and amended in a
timely manner; whereas,
amendments
should be drawn up by the Commission assisted by a
committee of a regulatory nature;

therefore,

(11) Whereas Article 3 of Directive 92/14/EEC provides
for exemptions for aeroplanes on the registers of
developing nations and whereas the aeroplanes so
exempted were listed in the Annex to that Directive;

(12) Whereas it

is necessary to amend the Annex to
Directive 92/14/EEC so as to add certain aeroplanes
which qualify for an exemption and were not
included when that Directive was adopted; whereas it
is also necessary to delete all mention of certain
aeroplanes that have been withdrawn from service,
destroyed or otherwise no longer qualify for the
exemption;

(13) Whereas it is essential to prevent wrong usage of
registrations; whereas the Annex to this Directive
contains, for each aeroplane, reference to the manu-
facturers’ serial number for the individual aeroplane;

7. 4. 98

‹

EN

‹

Official Journal of the European Communities

L 107/5

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

(15) Whereas under the 1994 Act of Accession Austria
has to 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. the following paragraph shall be added to Article 1:

‘3.

For the purposes of this Directive:

“air carrier” means an air transport undertaking with a
valid operating licence;

“operating licence” means an authorisation 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
(EEC)
Council
accordance
No 2407/92 of 23 July 1992 on licensing of air
carriers (*);

Regulation

with

“total civil subsonic jet fleet” means the total aircraft
fleet of civil subsonic jet aeroplanes at the disposal of
the air carrier, through ownership or any form of lease
agreement of not less than one year.

(*) OJ L 240, 24.8.1992, p. 1.’;

2. the following paragraph shall be added to Article 2:

‘4.
Before the date referred to in paragraph 2, the
operation of civil subsonic jet aeroplanes which do not
comply with the provision of paragraph 1(a) may be
restricted or excluded at the airports of Berlin Tegel
and Berlin Tempelhof.’;

3. Article 3(b) shall be replaced by the following:

‘(b) these aeroplanes were on the register of the devel-
oping nation shown for that aeroplane in the
Annex in the reference year and continue to be
used either directly or under any form of lease
agreement by natural or legal persons established
in that nation.’;

4. the following subparagraph shall be added to Article 3:

‘The exemption referred to in the preceding subpara-
graph shall not apply where 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.’;

5. in Article 4, Article 5(c) and (d) and Article 6 ‘airline’

shall be replaced by ‘air carrier’;

6. Article 7 shall be replaced by the following:

‘Article 7

1. Member States may limit deletion from their
registers of all mention of aeroplanes which do not
comply with the standards of Chapter 3 of Annex 16
to an equivalent annual rate of up to 10 % of the total
civil subsonic jet fleet of a Community air carrier.

2. Member States shall not apply the provisions of
Article 2(1) in respect of aeroplanes retained on the
register of a Member State in accordance with para-
graph 1.

3. Where a Member State has applied an equivalent
exemption to that described in paragraphs 1 and 2 to
aeroplanes on the register of a third country and oper-
ating into that Member State before this Directive
enters into force, the exemption may continue to be
recognised subject to compliance by the air carrier
with the conditions.’;

7. the following Articles shall be inserted:

‘Article 9a

Amendments to the Annex which may prove 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 9b(2).

Article 9b

assisted by

The Commission shall be

1.
the
committee provided for in Council Regulation (EEC)
No 3922/91 of 16 December 1991 on the harmonisa-
tion of
requirements and administrative
procedures in the field of civil aviation (*), which shall
act in accordance with the procedure outlined in para-
graph 2.

technical

The representative of

2.
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. The
opinion shall be delivered by the majority laid down in
Article 148(2) of the Treaty in the case of decisions
which the Council is required to adopt on a proposal
from the Commission. The votes of the representatives
of the Member States within the committee shall be
weighted in the manner set out in that Article. The
chairman shall not vote.

3.

(a) The Commission shall adopt the measures en-
they are in accordance with the

visaged if
opinion of the committee.

(b) If the measures envisaged are not in accordance
with the opinion of
if
no opinion is delivered, the Commission shall,
without delay, submit to the Council a proposal
relating to the measures
to be taken. The
Council shall act by a qualified majority.

the committee, or

L 107/6

‹

EN

‹

Official Journal of the European Communities

7. 4. 98

If the Council has not acted within three months of
the date of the referral to it, the Commission shall
adopt the measures proposed.

(*) OJ L 373, 31.12.1991, p. 4. Regulation as amended
by Regulation (EC) No 2176/96 (OJ L 291,
14.11.1996, p. 15).’;

8. the Annex shall be replaced by the Annex hereto.

When Member States adopt these measures, they shall
contain a reference to this Directive or shall be accom-
panied by such reference at the time of their official pub-
lication. The procedure for
such reference shall be
adopted by Member States.

2.
In accordance 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 2

System of penalties

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 dis-
suasive. Member States shall notify the relevant provisions
to the Commission not later than 1 March 1999 and shall
notify any subsequent changes as soon as possible.

Article 3

Implementation

Article 4

Entry into force

This Directive shall enter into force on the 20th day
following its publication in the Official Journal of the
European Communities.

Article 5

Addressees

This Directive is addressed to the Member States.

Done at Brussels, 30 March 1998.

1. Member States shall bring into force the laws, regu-
lations and administrative provisions necessary to comply
with this Directive by 1 March 1999. They shall immedi-
ately inform the Commission thereof.

For the Council

The President

LORD SIMON of HIGHBURY

7. 4. 98

‹

EN

‹

Official Journal of the European Communities

L 107/7

ANNEX

‘ANNEX

LIST OF AEROPLANES EXEMPTED IN ACCORDANCE WITH ARTICLE 3

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

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

ALGERIA

Serial Number

Type

Registration

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

Operator

Air Alg(cid:130)rie
Air Alg(cid:130)rie
Air Alg(cid:130)rie
Air Alg(cid:130)rie
Air Alg(cid:130)rie
Air Alg(cid:130)rie
Air Alg(cid:130)rie
Air Alg(cid:130)rie
Air Alg(cid:130)rie
Air Alg(cid:130)rie
Air Alg(cid:130)rie

CONGO, DEMOCRATIC REPUBLIC OF

Serial Number

Type

Registration

20200

B707-329C

9Q-CBW

Operator

Scibe Airlift

DOMINICAN REPUBLIC

Serial Number

Type

Registration

Operator

19767

B707-399C

HI-442CT

Dominicana de Aviaci(cid:155)n

EGYPT

Serial Number

Type

Registration

19843
19916
21194
21195
21227

IRAQ

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

SU-PBA
SU-PBB
SU-AYK
SU-AYL
SU-AYO

Serial Number

Type

Registration

20889
20892
20893

LEBANON

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

YI-AGE
YI-AGH
YI-AGI

Operator

Air Memphis
Air Memphis
Egypt Air
Egypt Air
Egypt Air

Operator

Iraqi Airways
Iraqi Airways
Iraqi Airways

Serial Number

Type

Registration

Operator

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

B707-3B4C
B707-3B4C
B707-347C
B707-323C
B707-323C
B707-323B
B707-323C
B707-327C
B707-327C
B707-323C
B707-331C
B707-321C
B707-321C

OD-AFD
OD-AFE
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
TMA
TMA
TMA
TMA
TMA
TMA

L 107/8

‹

EN

‹

Official Journal of the European Communities

7. 4. 98

LIBERIA

Serial Number

Type

Registration

Operator

45683
45686

LIBYA

DC8F-55
DC8F-55

EL-AJO
EL-AJQ

Liberia World Airlines
Liberia World Airlines

Serial Number

Type

Registration

Operator

20245
21051
21052
21229
21230

MAURITANIA

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

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

Libyan Arab Airlines
Libyan Arab Airlines
Libyan Arab Airlines
Libyan Arab Airlines
Libyan Arab Airlines

Serial Number

Type

Registration

Operator

11093

F28-4000

5T-CLG

Air Mauritanie

MOROCCO

Serial Number

Type

Registration

Operator

20471
21214
21215
21216

NIGERIA

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

Serial Number

Type

Registration

Operator

18809
19664

B707-338C
B707-355C

5N-ARQ
5N-VRG

DAS Air Cargo
Air Tours

PAKISTAN

Serial Number

Type

Registration

20488

B707-340C

AP-AXG

Operator

PIA

SAUDI ARABIA

Serial Number

Type

Registration

Operator

20574
20575
20576
20577
20578
20882
20883

SWAZILAND

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

Serial Number

Type

Registration

Operator

45802
46012

TUNISIA

DC8F-54
DC8F-54

3D-AFR
3D-ADV

African International Airways
African International Airways

Serial Number

Type

Registration

20545
20948
21179
21235

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

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

Operator

Tunis Air
Tunis Air
Tunis Air
Tunis Air

7. 4. 98

‹

EN

‹

Official Journal of the European Communities

L 107/9

UGANDA

Serial Number

Type

Registration

Operator

19821

B707-379C

5X-JEF

Dairo Air Services

ZIMBABWE

Serial Number

Type

Registration

Operator

18930
45821

B707-330B
DC8F-55

Z-WKU
Z-WMJ

Air Zimbabwe
Affretair’