Directive 2006/93/EC of the European Parliament and of the Council of 12 December 2006 on the regulation of the operation of aeroplanes covered by Part II, Chapter 3 , Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) (codified version)   (Text with EEA relevance)
Date: 2006-12-12
Institutions: Council of the European Union, European Parliament
Subjects: aircraft, civil aviation, codification of EU law, noise, technical standard, transport regulations

27.12.2006

EN

Official Journal of the European Union

L 374/1

I

(Acts whose publication is obligatory)

DIRECTIVE 2006/93/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 12 December 2006

on the regulation of the operation of aeroplanes covered by Part II, Chapter 3 , Volume 1 of Annex 16
to the Convention on International Civil Aviation, second edition (1988)

(codified version)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

(3) Council Directive 89/629/EEC of 4 December 1989 on the
limitation of noise emission from civil
subsonic jet
aeroplanes (5) limits the addition to the civil air registers
of Member States of aeroplanes that comply only with the
standards specified in Part II, Chapter 2, Volume 1 of
Annex 16 to the Convention on International Civil
Aviation, second edition (1988). That Directive specifies
that the limitation on addition is only a first stage.

(4) Owing to the problem of growing congestion at Commu-
nity airports, it is essential to ensure that the best use is
made of existing facilities. This will only be possible if
environmentally acceptable aeroplanes are used.

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

(5)

Whereas:

(1) 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) (3) has
been substantially amended several times (4). In the interests
of clarity and rationality the said Directive should be
codified.

(2)

The application of noise emission standards
to civil
subsonic jet aeroplanes has significant consequences for
the provision of air transport services, in particular where
such standards limit the useful life of aeroplanes operated
by airlines.

(1) OJ C 108, 30.4.2004, p. 55.
(2) Opinion of the European Parliament of 10 February 2004 (OJ
C 97 E, 22.4.2004, p. 67) and Council Decision of 14 November
2006.

(3) OJ L 76, 23.3.1992, p. 21. Directive as last amended by Commission

Regulation (EC) No 991/2001 (OJ L 138, 22.5.2001, p. 12).

The work undertaken by the Community in cooperation
with other international bodies indicates that measures to
limit the operation of aeroplanes which do not comply with
the standards of Chapter 3 of Annex 16 must follow any
non-addition rule in order for this to be of environmental
benefit.

(6) Common rules for this purpose should be introduced on a
reasonable time-scale to ensure a harmonised approach
throughout the Community, supplementing existing rules.
This is particularly important in view of the recent trend
towards progressive liberalisation of European air traffic.

(7) Aeroplane noise should be reduced, taking into account
environmental factors, technical feasibility and economic
consequences.

(8)

It is appropriate to regulate the operation of civil subsonic
jet aeroplanes which appear on Member States' registers
and comply with the standards of Chapter 3 of Annex 16.

(4) See Annex Ι, Part A.

(5) OJ L 363, 13.12.1989, p. 27.

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(9) Member States

should lay down rules on penalties
applicable to infringements of
the national provisions
adopted pursuant to this Directive. Those penalties should
be effective, proportionate and dissuasive.

(10) This Directive

should be without prejudice

to the
obligations of the Member States relating to the time-limits
for transposition into national law of the Directives set out
in Annex I, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

(b)

aeroplanes on non-revenue flights for the purposes of
alterations, repair or maintenance.

Article 4

Member States shall communicate to the Commission the texts
of the provisions of national law which they adopt in the field
governed by this Directive.

Article 5

1. The objective of this Directive is to regulate the operation of
civil subsonic jet aeroplanes as specified in Article 2.

2. This Directive shall apply to aeroplanes with a maximum
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 nineteen passenger seats,
excluding any seats for crew only.

Member States shall lay down the rules on penalties applicable to
infringements of the national provisions adopted pursuant to
this Directive and shall take all measures necessary to ensure that
those rules are implemented . The penalties provided for must be
effective, proportionate and dissuasive. The Member States shall
notify those provisions to the Commission and shall notify it
without delay of any subsequent amendment affecting them.

Article 2

Article 6

1. Member States shall ensure that all civil subsonic jet
aeroplanes operating from airports situated in their territory
comply with the standards specified in Part
II, Chapter 3,
Volume 1 of Annex 16 to the Convention on International Civil
Aviation, second edition (1988).

2. The territory referred to in paragraph 1 shall not include the
overseas departments referred to in Article 299(2) of the Treaty.

Article 3

1. Member States may grant exemptions from Article 2 for
aeroplanes of historical interest.

2. Any Member State granting exemptions under paragraph 1
shall
inform the competent authorities of the other Member
States and the Commission of the fact and of the grounds for its
decision.

3.
Every Member State shall recognise the exemptions granted
by another Member State in respect of aeroplanes entered on the
registers of the latter.

In individual

the
4.
temporary use, at airports
territory, of
aeroplanes which cannot be operated on the basis of the other
provisions of this Directive. This exemption should be limited to:

cases, Member States may permit
situated in their

1. Directive 92/14/EEC is hereby repealed, without prejudice to
the obligations of the Member States relating to the time-limits
for transposition into national law of the Directives set out in
Annex I, Part B.

2. References made to the repealed Directive shall be construed
as being made to this Directive and should be read in accordance
with the correlation table in Annex II.

Article 7

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

Article 8

This Directive is addressed to the Member States.

Done at Strasbourg, 12 December 2006.

(a)

aeroplanes whose operations are of such an exceptional
nature that
it would be unreasonable to withhold a
temporary exemption;

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
M. PEKKARINEN

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ANNEX I

Part A

Repealed Directive with its successive amendments

Council Directive 92/14/EEC
Council Directive 98/20/EC
Commission Directive 1999/28/EC
Commission Regulation (EC) No 991/2001

(OJ L 76, 23.3.1992, p. 21)
(OJ L 107, 7.4.1998, p. 4)
(OJ L 118, 6.5.1999, p. 53)
(OJ L 138, 22.5.2001, p. 12)

Part B

List of time-limits for transposition into national law

(referred to in Article 6)

Directive

Time-limit for transposition

92/14/EEC

98/20/EC

1999/28/EC

1 July 1992

1 March 1999

1 September 1999

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ANNEX II

CORRELATION TABLE

Directive 92/14/EEC

This Directive

Article 1(1) and (2)
Article 1(3)
Article 2(1)
Article 2(2)
Article 2(3)
Article 2(4)
Articles 3 and 4
Article 5(1)
Article 5(2)
Articles 6 and 7
Article 8
Article 9(1)
Article 9(2)
Articles 9a and 9b
Article 10(1)
Article 10(2)
—
—
—
Article 11
Annex
—
—

(1) Article 2 of Council Directive 98/20/EC.

Article 1(1) and (2)
—
—
Article 2(1)
Article 2(2)
—
—
—
Article 3(1)
—
Article 3(4)
Article 3(2)
Article 3(3)
—
—
Article 4
Article 5 (1)
Article 6
Article 7
Article 8
—
Annex I
Annex II