Proposal for a Directive of the European Parliament and of the Council on the establishment of a Community framework for noise classification of civil subsonic aircraft for the purposes of calculating noise charges
Date: 2001-12-20
Institutions: European Commission
Subjects: EU environmental policy, aircraft, environmental tax, noise, noise protection

30.4.2002

EN

Official Journal of the European Communities

C 103 E/221

Proposal for a Directive of the European Parliament and of the Council on the establishment of a
Community framework for noise classification of civil subsonic aircraft for the purposes of
calculating noise charges

(2002/C 103 E/16)

(Text with EEA relevance)

COM(2001) 74 final — 2001/0308(COD)

(Submitted by the Commission on 20 December 2001)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF
THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

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

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) It

is part of Community policy,

in conformity with
Articles 2 and 6 of the Treaty, to enhance significantly
the integration of environmental protection requirements
into other sectoral policies, including transport policy.

(2) One of the main objectives of the common transport
policy is to promote the sustainable development of
transport activities.

(3) The Commission Communication on Air Transport and
economic
to improve the environmental

Environment (1)
instruments
performance of air transport operations.

in order

proposes

use

the

of

(4) The Council Directive on airport charges (2) provides for
the possibility to modulate airport charges as a function
of the environmental impact without establishing criteria
for such modulation.

charges

(5) A modulation of noise

environmental
purposes based on a common classification of aircraft
according to their noise impact will enhance environ-
mental effectiveness,
transparency of charging systems
and predictability for air transport operators.

for

(1) COM(1999) 640 final, 1.12.1999.
(2) Commission Proposal: OJ C 257, 22.8.1997, p. 2, as amended by

COM(1998) 509 final (OJ C 319, 16.10.1998, p. 4).

(6) Such modulation is not designed to generate additional
revenue
and

should respect
applied

revenue.
and
neutrality
non-discriminatory manner.

the principle of

transparent

in a

be

It

third edition,

(7) The certificated noise levels as defined in Annex 16,
to the Convention on International Civil
Volume I
Aviation,
July 1993 are considered to
reflect adequately the noise impact for the population
living in the vicinity of airports. The noise level at
arrival can be adequately characterised by the certificated
noise level at the approach measurement point as defined
in the said Annex 16, for the noise level at departure
the
there is a good correlation with the average of
certificated noise
and flyover
at
measurement point as defined in the said Annex 16.

sideline

level

the

(8) Noise charges should be proportional to the incremental
nuisance for human beings caused by individual aircraft
separately at arrival and departure. The relationship
between this incremental nuisance and the aircraft noise
level can be most adequately reflected by the noise energy
level.

(9) In order to ensure maximum transparency between noise
charging systems at Community airports, the common
framework for noise classification of aircraft should after
a suitable transition period be applied by airports which
operate
flights between Member States
provided that they levy noise charges.

commercial

(10) It

is useful

the
to ensure a better understanding of
for
the
information

concept of noise productivity,
heavier aircraft, by providing additional
about the noise output per unit transported.

in particular

the Treaty,

(11) The Directive is in accordance with the principles of
subsidiarity and proportionality as set out in Article 5
since the objective of enhancing the
of
environmental effectiveness of noise charges cannot be
sufficiently achieved by Member States, because various
systems of noise classification are used for charging
purposes. The objective can therefore, be better achieved
by the Community by way of a harmonised framework
the calculation of noise charges. The Directive
for
confines itself
to the minimum required in order to
achieve this objective and does not go beyond what is
necessary for that purpose.

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Official Journal of the European Communities

30.4.2002

(12) Since the measures necessary for the implementation of
this Directive are measures of general scope within the
meaning of Article 2 of Council Decision 1999/468/EC of
28 June 1999 laying down the procedures for the exercise
of implementing powers conferred on the Commission (1),
they should be adopted by use of
regulatory
procedure provided for in Article 5 of that decision.

the

In accordance with the procedure laid down in Article
2.
6(2), Article 2(c) and (d) of this Directive may be adapted, in
order to apply, for the purpose of this Directive, subsequent
amendments to Annex 16, Volume 1 to the Convention on
International Civil Aviation, which enter into force after the
adoption of this Directive.

(13) The Commission should carry out by 1 April 2008 an
evaluation of the implementation of this Directive,

Article 3

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objectives and scope

The aim of this Directive is to enhance the environmental
level by
effectiveness of noise charges
ensuring that common criteria based on the noise performance
of aircraft are used when calculating the level of these charges
for environmental purposes.

levied at airport

This Directive applies in accordance with the provisions set out
in Article 4 to airports or airport systems which operate
commercial
flights between Member States and which are
located in the territory of a Member State, provided that
noise charges are applied.

1.

(a)

Article 2

Definitions

For the purpose of this Directive:

‘noise charge’ means a specific noise levy by the airport,
the
related to the certificated noise characteristics of
aircraft, which is designed to recover the costs of alleviation
or prevention of noise problems and to encourage the use
of less noisy aircraft.

Common framework for the calculation of noise charges

Member States shall take the necessary measures to ensure that
the calculation of noise charges at airports in their territory is
based on the following criteria:

1. The noise charge for arrivals and departures should be
proportional to the relative noise impact of arrivals and
for populations around airports. The noise
departures
charge for an arrival and a departure at a given airport
should be calculated as set out
in the Annex to the
present Directive.

2. The calculation of

the noise energies at arrival and

departure shall be based on the noise levels La and Ld.

3. The modulation of noise charges within a given time period
should be limited to a ratio of 20 being the maximum
variation between the highest and the lowest noise charge.
A lower ratio may be applied.

Article 4

Application of the common framework

Member States shall take the necessary measures to ensure that
the common framework for the calculation of noise charges is
applied:

(b) ‘modulation’ means that within a globally revenue neutral
framework there can be differentiation in the level of noise
charges applied.

1. As from 1 April 2003

(c)

‘La’ means the noise level of an aircraft at arrival. It is equal
to the value of the certificated noise level expressed in
Effective Perceived Noise (EPN) decibels at the approach
measurement point and calculated as defined in Annex
16, Volume 1 to the Convention on International Civil
July 1993. The related noise
Aviation,
energy is equal to the antilogarithm La/10.

third edition,

(d) ‘Ld’ means the noise level of an aircraft at departure. It is
equal to the arithmetic average (mean) of the certificated
noise levels expressed in EPN decibels at the lateral and
flyover measurement points as defined in the said Annex
16. The related noise energy is equal
to antilogarithm
Ld/10.

(e)

‘noise productivity of an aircraft’ means the noise emissions
per unit of payload: passenger or tonne of cargo.

(1) OJ L 184, 17.7.1999, p. 23.

(a)

in any significant revision of existing systems of noise
charges

(b) for newly introduced systems of noise charges.

2. As from 1 April 2006 to any system of noise charges.

Article 5

Information to the public

In order to ensure that the concept of noise productivity is well
authorities may
understood, Member States or
complement the noise characteristics of aircraft La and Ld
used for
the calculation of noise charges by additional
information reflecting the noise productivity of an aircraft, in
particular for aircraft with a maximum take-off weight of more
than 34 tonnes.

airports

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Official Journal of the European Communities

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Article 6

Regulatory committee

Article 8

Transposition

1.
The Commission shall be assisted by the Aviation Safety
Regulations Committee set up by Council Regulation (EEC) No
3922/91 of 16 December 1991 (1), composed of represen-
tatives of Member States and chaired by the representative of
the Commission (hereinafter referred to as ‘the committee’).

2. Where reference is made to this paragraph, the regulatory
procedure laid down in Article 5 of Decision 1999/468/EC
shall apply, in compliance with Article 8 thereof.

The period provided for in Article 5(6) of Decision

3.
1999/468 shall be three months.

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive by one year after its entry into force at the latest.
They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of
their official publication.
Member States shall determine how such reference is to be
made.

Article 9

Entry into force

Article 7

Review and reporting

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

The Commission shall submit to the European Parliament and
the Council a report based on experience on the application of
this Directive not later than 1 April 2008.

The report shall be accompanied, as appropriate, by proposals
to amend this Directive.

Article 10

Addressees

This Directive is addressed to the Member States.

(1) OJ L 373, 31.12.1991, p. 4, amended by Regulation (EC) No

2176/96 (OJ L 291, 14.11.1996, p. 15).

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Official Journal of the European Communities

30.4.2002

ANNEX

Calculation of noise charge

The total noise charge for one arrival and one departure at a given airport is:

C = Ca.10^[(La – Ta)/10] + Cd.10^[(Ld – Td)/10]

where:

Ca and Cd are the unit noise charges at departures and arrivals for the considered airport. Ca and Cd can be equal to
zero. They reflect the relative importance of noise emissions at arrivals and departures for the impacted population;

La is the certificated noise level at approach;

Ld = (Lf + Ll)/2, Lf and Ll are the certificated noise levels at the flyover and lateral measurement points; and

Ta and Td are noise thresholds at departures and at arrivals corresponding to categories of relatively quiet aircraft for the
considered airport. These thresholds are fixed around 13 decibels below upper thresholds corresponding to 95 % of the
noise energy emitted at the airport as indicated on the graph.

Cumulated
noise energy at
departure for

movements

with noise
levels £ L

Modulation of noise charges

According to the principle that charges should be based as closely as possible on underlying costs, there should be
specific noise charges for financing noise mitigation programmes and other noise charges should be compensated by
negative noise charges (rebates) in order to be revenue neutral.

This revenue neutrality should be achieved separately at departure and at arrival. For instance, at departure the noise
charge (positive or negative) should be for the aircraft i

C i = Cd . [ E d i -1/N . Σ E d j ]

where

Cd is the unit charge for departure at the considered airport

E d i is the relative noise energy at departure for the aircraft which is considered; and

N and Σ E d j are the forecast number of departures and the forecast cumulated noise energy at departure during the
year, which is considered.

C i can be positive or negative