CELEX: 51998PC0549
Language: en
Date: 1998-09-30
Title: 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)

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-
              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)Ø(Î)
                                                        (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)
              (Î)ÙOJ C 118, 17.4.1998, p. 20.
                       ORIGINAL TEXT                                                   AMENDED TEXT
Proposal for a Council Directive on the registration and          Amended proposal for a Council Regulation (EC) on the
use within the Community of certain types of civil                registration and use within the Community of certain
subsonic jet aeroplanes which have been modified and              types of civil subsonic jet aeroplanes which have been
recertified as meeting the standards of Volume I, Part II,        modified and recertified as meeting the standards of
Chaper 3 of Annex 16 to the Convention on Inter-                  Volume I, Part II, Chapter 3 of Annex 16 to the
     national Civil Aviation, third edition (July 1993)           Convention on International Civil Aviation, third edition
                                                                                         (July 1993)
                                                        Second recital
Whereas the Commission Communication on the future                Whereas the Communication on the future development
development of the common transport policy: a global              of the common transport policy: a global framework to
framework to the construction of a Community                      the construction of a Community framework for
framework for sustainable mobility explicitly refers to the       sustainable mobility explicitly refers to the introduction
introduction of a non-addition rule for the noisiest aero-        of a non-addition rule for the noisiest aeroplanes;
planes;
                                                                  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-activities in this regard, to submit 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;
 ---pagebreak--- 27.10.98           EN                 Official Journal of the European Communities                                  C 329/11
                     ORIGINAL TEXT                                                     AMENDED TEXT
                                                        Sixth recital
Whereas a rule which prohibits the addition of those              Whereas a rule which prohibits the addition of those
older modified types of aeroplanes to Member States’              older modified types of aeroplanes to Member States’
registers as from 1 April 1999 can be considered as a             registers as from 1 April 1999 can be considered as a
protective measure aimed at preventing a further deterio-         protective measure aimed at preventing a further deterio-
ration of the noise situation around Community airports           ration of the noise situation around Community airports
as well as improving the situation regarding fuel burn            as well as improving the situation regarding fuel burn
and gaseous emissions;                                            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              Whereas in view of existing Community legislation on
aeroplane noise, the present initiative needs to be taken         aeroplane noise, the present initiative needs to be taken
at Community level by binding Community rules and,                at Community level by binding Community rules;
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;
                                                       Ninth recital
Whereas a non-addition rule combines technical feasi-             Whereas a non-addition rule combines technical feasi-
bility with environmental benefits without imposing an            bility with environmental benefits without imposing an
undue economic burden;                                            undue economic burden;
                                                                  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           The objective of this Regulation is to lay down rules to
prevent future deterioration in the overall noise impact in       prevent future deterioration in the overall noise impact in
the Community of recertified civil subsonic jet aero-             the Community of recertified civil subsonic jet aero-
planes while at the same time limiting other environ-             planes while at the same time limiting other environ-
mental damage.                                                    mental damage.
 ---pagebreak--- C 329/12            EN                 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-             For the purposes of this Regulation, the following defi-
nitions shall apply:                                                nitions shall apply:
                                                 Article 4, add a paragraph 3
1.ÙÚMember States may grant temporary exemptions                    Unchanged
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.
2.ÙÚMember 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.ÙÚMember States shall inform the Commission of the
                                                                    exemptions granted under this Article.
                                                            Article 5
Member States shall lay down the system of penalties                Member States shall lay down the system of penalties
applicable to infringement of the national provisions               applicable to infringement of the provisions of this Regu-
adopted pursuant to this Directive and shall take all the           lation and shall take all the measures necessary to ensure
measures necessary to ensure that those penalties are               that those penalties are applied. The penalties thus
applied. The penalties thus provided for shall be                   provided for shall be effective, proportionate and
effective, proportionate and dissuasive. Member States              dissuasive. Member States shall notify the relevant
shall notify the relevant provisions to the Commission              provisions to the Commission not later than the date
not later than the date specified in Article 6(1), first            specified in Article 7 and shall notify any subsequent
subparagraph and shall notify any subsequent changes as             changes as soon as possible.
soon as possible.
                                                            Article 6
1.ÚÙMember States shall bring into force the laws,                  Delete
regulations and administrative provisions necessary to
comply with this Directive by [.Ø.Ø.]. They shall forthwith
inform the Commission thereof.
 ---pagebreak--- 27.10.98             EN               Official Journal of the European Communities                                 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-
panied by such reference at the time of their official
publication. The procedure for such reference shall be
adopted by Member States.
2.ÚÙMember States shall communicate to the
Commission the texts of the provisions of domestic law
which they adopt in the field governed by this Directive.
                                                          Article 7
This Directive shall enter into force on the 20th day             This Regulation shall enter into force on the 20th day
following its publication in the Official Journal of the          following its publication in the Official Journal of the
European Communities.                                             European Communities.
                                                          Article 8
This Directive is addressed to the Member States.                 Delete
                                                                                      Add final formula
                                                                  This Regulation shall be binding in its entirety and
                                                                  directly applicable in all Member States.
              Amended proposal for a Council Regulation (EC) on coordinating aid to the applicant countries
                                      in the framework of the pre-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,                  Whereas Regulation (EC) No 622/98 of 16 March 1998
                                                                  on assistance to the applicant countries in the framework
                                                                  of the pre-accession strategy provides for the creation of
                                                                  Accession Partnerships which provide a single framework
Having regard to the proposal from the Commission,                for programming the priorities and financial resources of
                                                                  pre-accession aid;
Having regard       to  the  opinion   of   the  European
Parliament,                                                       Whereas Regulation (EC) No .Ø.Ø. set up an agricultural
                                                                  instrument for application mainly in areas such as
                                                                  modernising the structure of agricultural holdings,
Whereas the Luxembourg European Council advocated a               improving processing and distribution structures,
substantial increase in pre-accession aid so as to include,       developing inspection activities and rural development;