Amended proposal for a Council Regulation (EC) 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: 1998-09-30
Institutions: European Commission
Subjects: EU environmental policy, air transport, civil aviation, common transport policy, noise

C  329/10

EN

Official  Journal  of  the  European  Communities

27.10.98

II

(Preparatory  Acts)

COMMISSION

Amended  proposal  for  a  Council  Regulation  (EC)  on  the  registration  and  use  within  the
Community  of  certain  types  of  civil  subsonic  jet  aeroplanes  which  have  been  modified  and  recer(cid:220)
tified  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)(cid:216)(˛)

(98/C  329/07)

(Text  with  EEA  relevance)

COM(1998)  549  final  -  98/0070(SYN)

(Submitted  by  the  Commission  pursuant  to  Article  189a(2)  of  the  EC  Treaty  on  1  October  1998)

(˛)(cid:217)OJ  C  118,  17.4.1998,  p.  20.

ORIGINAL  TEXT

AMENDED  TEXT

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
recertified  as  meeting  the  standards  of  Volume  I,  Part  II,
Chaper  3  of  Annex  16  to  the  Convention  on  Inter(cid:220)
national  Civil  Aviation,  third  edition  (July  1993)

Amended  proposal  for  a  Council  Regulation  (EC)  on  the
registration  and  use  within  the  Community  of  certain
types  of  civil  subsonic  jet  aeroplanes  which  have  been
modified  and  recertified  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)

Second  recital

Whereas  the  Commission  Communication  on  the  future
development  of  the  common  transport  policy:  a  global
the  construction  of  a  Community
framework 
framework  for  sustainable  mobility  explicitly  refers  to  the
introduction  of  a  non(cid:220)addition  rule  for  the  noisiest  aero(cid:220)
planes;

to 

Whereas  the  Communication  on  the  future  development
of  the  common  transport  policy:  a  global  framework  to
for
the  construction  of  a  Community 
sustainable  mobility  explicitly  refers  to  the  introduction
of  a  non(cid:220)addition  rule  for  the  noisiest  aeroplanes;

framework 

Whereas  forecast  growth  in  the  air  transport  sector  and
the  associated  increase  in  noise  pollution  around  airports
indicate  the  need  for  the  Commission,  bearing  in  mind
ICAO(cid:220)activities 
further
measures  concerning  new  and  more  stringent  noise
emission  standards  for  civil  subsonic 
jet  aeroplanes;
whereas  this  also  seems  necessary  if  competition  is  not  to
be  distorted;

regard, 

submit 

this 

to 

in 

27.10.98

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C  329/11

ORIGINAL  TEXT

AMENDED  TEXT

Sixth  recital

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  deterio(cid:220)
ration  of  the  noise  situation  around  Community  airports
as  well  as  improving  the  situation  regarding  fuel  burn
and  gaseous  emissions;

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  deterio(cid:220)
ration  of  the  noise  situation  around  Community  airports
as  well  as  improving  the  situation  regarding  fuel  burn
and  gaseous  emissions;

Whereas  the  danger  of  a  substantial  increase  in  the
number  of  registered  "hushkitted’  Chapter  2  aeroplanes
by  1  April  1999  indicates  the  need  for  the  Commission  to
observe  this  trend  closely;

Eighth  recital

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  in  view  of  existing  Community  legislation  on
aeroplane  noise,  the  present  initiative  needs  to  be  taken
at  Community  level  by  binding  Community  rules;

Whereas  a  non(cid:220)addition  rule  combines  technical  feasi(cid:220)
bility  with  environmental  benefits  without  imposing  an
undue  economic  burden;

Whereas  a  non(cid:220)addition  rule  combines  technical  feasi(cid:220)
bility  with  environmental  benefits  without  imposing  an
undue  economic  burden;

Ninth  recital

Whereas,  if  excessive  noise  pollution  is  to  be  avoided,  it
seems  necessary  to  prohibit  the  abuse  of  the  exemptions
granted  under  Article  4(1),

HAS  ADOPTED  THIS  DIRECTIVE:

HAS  ADOPTED  THIS  REGULATION:

Article  1

The  objective  of  this  Directive  is  to  lay  down  rules  to
prevent  future  deterioration  in  the  overall  noise  impact  in
the  Community  of  recertified  civil  subsonic  jet  aero(cid:220)
planes  while  at  the  same  time  limiting  other  environ(cid:220)
mental  damage.

The  objective  of  this  Regulation  is  to  lay  down  rules  to
prevent  future  deterioration  in  the  overall  noise  impact  in
the  Community  of  recertified  civil  subsonic  jet  aero(cid:220)
planes  while  at  the  same  time  limiting  other  environ(cid:220)
mental  damage.

C  329/12

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Official  Journal  of  the  European  Communities

27.10.98

ORIGINAL  TEXT

AMENDED  TEXT

Article  2,  introductory  sentence

For  the  purposes  of  this  Directive,  the  following  defi(cid:220)
nitions  shall  apply:

For  the  purposes  of  this  Regulation,  the  following  defi(cid:220)
nitions  shall  apply:

Article  4,  add  a  paragraph  3

1.(cid:217)(cid:218)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.

Unchanged

2.(cid:217)(cid:218)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  operated  in  the  overseas
departments  of  France.

3.(cid:217)(cid:218)Member  States  shall  inform  the  Commission  of  the
exemptions  granted  under  this  Article.

Article  5

Member  States  shall  lay  down  the  system  of  penalties
infringement  of  the  national  provisions
applicable  to 
adopted  pursuant  to  this  Directive  and  shall  take  all  the
measures  necessary  to  ensure  that  those  penalties  are
applied.  The  penalties 
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.

thus  provided 

for 

Member  States  shall  lay  down  the  system  of  penalties
applicable  to  infringement  of  the  provisions  of  this  Regu(cid:220)
lation  and  shall  take  all  the  measures  necessary  to  ensure
that  those  penalties  are  applied.  The  penalties  thus
shall  be  effective,  proportionate  and
provided 
the  relevant
dissuasive.  Member  States  shall  notify 
provisions  to  the  Commission  not  later  than  the  date
specified  in  Article  7  and  shall  notify  any  subsequent
changes  as  soon  as  possible.

for 

Article  6

laws,
1.(cid:218)(cid:217)Member  States  shall  bring 
regulations  and  administrative  provisions  necessary  to
comply  with  this  Directive  by  [.(cid:216).(cid:216).(cid:129).  They  shall  forthwith
inform  the  Commission  thereof.

into  force  the 

Delete

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C  329/13

ORIGINAL  TEXT

AMENDED  TEXT

When  Member  States  adopt  these  provisions,  they  shall
contain  a  reference  to  this  Directive  or  shall  be  accom(cid:220)
panied  by  such  reference  at  the  time  of  their  official
publication.  The  procedure  for  such  reference  shall  be
adopted  by  Member  States.

the
shall 
2.(cid:218)(cid:217)Member 
Commission  the  texts  of  the  provisions  of  domestic  law
which  they  adopt  in  the  field  governed  by  this  Directive.

communicate 

States 

to 

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

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

Article  7

This  Directive  is  addressed  to  the  Member  States.

Delete

Article  8

Add  final  formula

This  Regulation  shall  be  binding 
directly  applicable  in  all  Member  States.

in 

its  entirety  and

Amended  proposal  for  a  Council  Regulation  (EC)  on  coordinating  aid  to  the  applicant  countries
in  the  framework  of  the  pre(cid:220)accession  strategy

(98/C  329/08)

COM(1998)  551  final  -  98/0094(CNS)

(Submitted  by  the  Commission  pursuant  to  Article  189a(2)  of  the  EC  Treaty  on  30  September
1998)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

in  addition  to  the  PHARE  programme,  aid  to  agriculture
and  for  structural  measures;

Having  regard  to  the  Treaty  establishing  the  European
Community  and  in  particular  Article  235  thereof,

Having  regard  to  the  proposal  from  the  Commission,

Having 
Parliament,

regard 

to 

the  opinion  of 

the  European

Whereas  the  Luxembourg  European  Council  advocated  a
substantial  increase  in  pre(cid:220)accession  aid  so  as  to  include,

Whereas  Regulation  (EC)  No  622/98  of  16  March  1998
on  assistance  to  the  applicant  countries  in  the  framework
of  the  pre(cid:220)accession  strategy  provides  for  the  creation  of
Accession  Partnerships  which  provide  a  single  framework
for  programming  the  priorities  and  financial  resources  of
pre(cid:220)accession  aid;

Whereas  Regulation  (EC)  No  .(cid:216).(cid:216).  set  up  an  agricultural
in  areas  such  as
instrument  for  application  mainly 
structure  of  agricultural  holdings,
modernising 
improving 
structures,
distribution 
and 
developing  inspection  activities  and  rural  development;

processing 

the