WRITTEN QUESTION E-2022/02 by Hiltrud Breyer (Verts/ALE) to the Commission. Night flight restrictions at German airports.
Date: 2002-07-09
Institutions: European Parliament, Provisional data
Subjects: EU law, Germany, air traffic, air transport, airline, airport, common transport policy, environmental impact, environmental law, interpretation of the law, noise, transport regulations

6.3.2003

EN

Official Journal of the European Union

C 52 E/121

(2003/C 52 E/138)

WRITTEN QUESTION E-2029/02

by Carlos Lage (PSE) to the Council

(9 July 2002)

Subject: Free movement of persons in the Schengen zone

On 22 June a group of 500 Portuguese citizens travelling to Spain to take part
in an authorised
demonstration to be held in Seville during the European Council meeting was prevented (cid:1) in a violent
manner (cid:1) from entering Spanish territory by members of the Spanish police forces. The incident occurred
at the border town of Vila Verde do Ficalho, Alentejo, and involved repressive action on the part of the
Spanish authorities, with Portuguese citizens being hit with batons and pushed and shoved (the victims
included a Portuguese Member of Parliament), although they were only trying to find out why they were
not allowed to cross the frontier. The Spanish police even entered the buses carrying the group and
confiscated cameras and film. Nothing can justify this kind of behaviour and action, totally unacceptable in
a Union which considers respect for fundamental freedoms and rights as one of its founding principles (cid:1)
not even reasons of national security, such as those which allow each signatory of
the Schengen
Convention to implement Article 2 thereof and thereby re-establish control over the internal borders. It
seems unlikely that the Portuguese citizens represented a particular danger, or indeed any danger, to the
Spanish State. And, even if they had, the forceful and heavy-handed behaviour which, unfortunately,
characterised the reaction of the Spanish police authorities, would have been quite unacceptable in Spain,
Portugal or any other country in the Union.

Can the Council therefore say what measures it will take vis-à-vis the Spanish Government to clarify the
facts?

Does it not consider that a clear definition and common agreement should be sought concerning the
circumstances and conditions which may lead to the suspension of the rules governing Schengen?

Joint answer
to Written Questions E-2021/02, E-2028/02 and E-2029/02

(11 November 2002)

the Schengen
informs the Honourable Parliamentarian that Article 2 paragraph 2 of
The Council
Implementing Convention of 1990 (1) allows the Member States to reintroduce for a limited period at
internal borders.

It will be for each of the Member States to ascertain whether and to what extent this possibility should be
invoked in case they host a European Council. Decision SCH/Com-Ex (95) 20 Rev. 2 (2) lays down rules on
the procedure for applying article 2(2) of the Schengen Implementing Convention. Article 33 of the Treaty
on European Union and Article 64 of the Treaty establishing the European Community stipulate that the
taking of concrete measures with regard to the maintenance of law and order and the safeguarding of
internal security in a matter for which the Member State are responsible. It is therefore not for the Council
to judge whether such measures have been taken appropriately.

(1) OJ L 239, 22.9.2000.
(2) OJ L 239, 22.9.2000, p. 133.

(2003/C 52 E/139)

WRITTEN QUESTION E-2022/02

by Hiltrud Breyer (Verts/ALE) to the Commission

Subject: Night flight restrictions at German airports

(9 July 2002)

Night flight restrictions are in operation at Munich, Düsseldorf, Stuttgart, Hamburg and Bremen airports,
which strictly limit the volume of air traffic at night and thereby ensure a degree of peace and quiet during

C 52 E/122

Official Journal of the European Union

EN

6.3.2003

the night. However, such restrictions do not apply at any other international airports in Germany. Only
noisy aircraft are banned from flying at those airports, while no restrictions apply on the number of flights
of Chapter III aircraft, which are classified as quiet.

Tour operators exploit these differences in night flight regulations by deliberately flying into the latter
airports at night to make optimum use of their fleet capacity with the result that air traffic at those
airports is shifting more and more to night-time, as is the case at Hanover.

Night flight restrictions are usually of limited duration and an extension or new notification not only
affects thousands of individuals’ sleep but also constitutes an intervention in the night-time tranquillity of
the natural environment under Article 1(2) of Directive 85/337/EEC (1). Does the Commission agree that an
extension to or new notification of such night flight restrictions are subject to an environmental impact
assessment requirement?

(1) OJ L 175, 5.7.1985, p. 40.

(2003/C 52 E/140)

WRITTEN QUESTION E-2023/02

by Hiltrud Breyer (Verts/ALE) to the Commission

(9 July 2002)

Subject: EIA (Environmental Impact Assessment) requirement for air routes

The German Federal Aviation Authority allocated an additional air route for Frankfurt airport over the
recreational area of the Taunus which, in the first year alone, gave rise to more than 160 000 complaints
to the airport concerning noise from aircraft.

This air route was established on a proposal from the German Air Safety Authority (DFS), without
consulting the local residents or local authorities, under a statutory order; no EIA was carried out in this
case either.

With its 4000-metre runways, Frankfurt airport constitutes a project within the meaning of Article 4(1),
No. 7a of Directive 85/337/EEC (1). Under Article 1(2), other interventions in the natural surroundings and
landscape are also subject to EIA.

Does the Commission agree that the allocation of new air routes which will cause noise over residential
and recreational areas must be subject to an environmental impact assessment?

(1) OJ L 175, 5.7.1985, p. 40.

Joint answer
to Written Questions E-2022/02 and E-2023/02
given by Mrs Wallström on behalf of the Commission

(2 August 2002)

The Environmental Impact Assessment (EIA) Directive, Council Directive 85/337/EEC of 27 June 1985 on
the assessment of the effects of certain public and private projects on the environment, as amended by
Council Directive 97/11/EC of 3 March 1997 (1), covers projects which are listed in its annexes I and II and
which require a development consent. The extension of an existing permit or a new night flight permit is
not covered by the definition of ‘a project’ under the EIA Directive. Similarly, air routes and their allocation
to existing runways are not covered by the definition of ‘a project’ under the EIA Directive.

(1) OJ L 73, 14.3.1997.