CELEX: 51981PC0512
Language: en
Date: 1981-09-15
Title: PROPOSAL FOR A COUNCIL DIRECTIVE amending Council Directive 80/51/EEC of 20 December 1979 on the limitation of noise emissions from subsonic aircraft (submitted to the Council by the Commission)

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COM (81) 512
Vol. 1981/0154
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(81 ) 512 final
                                             Brussels - 15th September 1981
            4
                          PROPOSAL FOR A COUNCIL DIRECTIVE
               amending Council Directive 80 / 51 / EEC of 20 December 1979
               on the limitation of noise emissions from subsonic aircraft
                   ( submitted to the Council by the Commission )
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COM ( 81 ) 512 final
 ---pagebreak---                                                           • Cerwt
                             EXPLANATORY MEMORANDUM
INTRODUCTION                                                      k
1 . Several relatively recent international actions on aircraft noise have
     resulted in a necessity to amend the Council Directive 80 / 51 / EEC(1 ) of
    20 December 1979 . At the same time the opportunity is being taken to
    correct a small defect in the wording of the Directive , which has been
. brought to the attention of the Commission .
Amendment to allow for changes to Annex 16
2 . The first of these international actions was by the Council of the
    Interhational Civil Aviation Organization CICAO ) which on 11 May 1981
    adopted extensive amendments to Annex 16 to the Convention on interna­
    tional civil aviation . These amendments stem principally from the
    recommendations of the Sixth Meeting of the ICAO Committee on Aircraft
    Noise . They are technical in nature and do not affect the principles
    of the Directive or the references in the Directive to the specified
    aircraft noise standards ^ They introduce into those parts of Annex 16
    that are , referred to in the Directive, improvements in the noise certi­
    fication requirements for conventional propeller-driven aeroplanes and
    subsonic jet aeroplanes and introduce units of measurement in System '
    International ( SI ), in conformity with the provisions of Annex 5 ( fourth
    edition ) to the Convention on international civil aviation . The amend­
    ments also introduce a reorganization of the Annex so that all provisions
    related to environmental aspects of aviation are covered in one document .
    The amendments were approved , by the representatives of Member States
    who were at the concerned ICAO meetings . They are applicable on
    26 November . 1981 and to give effect to the changes , it is proposed -to
    amend Articles 1 , 2, 3 and 5 of the Directive .
(1 ) O.J. N° L 18, 24 / 1 / 80, p. 26
 ---pagebreak--- Amendment to prevent non~noise certificated jets from outside the Community
using the Territory of Member States
3 . The second international action is that the United States of America
    issued a noise rule on 28 November 1980 which bans the use from 31 Dec .
    1984 in the United States of commercial subsonic aircraft which do not
    meet the United States noise standards . This could result in the sale
    to countries outside the Community of subsonic jet aircraft that are
    not noise certificated to Annex 16 Standards and their subsequent con­
    tinued use (outside the USA ) for a considerable period . In addition ,
    the aircraft made redundant in the Community by the Directive 80 / 51 / EEC
    could also be sold and used in a similar way . Member States are not required
    by the Directive as at present drafted to prevent these aircraft , and those
    similar ones already pn the registers of the concerned countries , from
    operating to and from the territories of Member States .           , - ■ '
                                                                    1
4 . The third international action is that the 23rd General Assembly of
    the ICAO passed a resolution No . A23-10 which requests contracting
    states not to prohibit before 1 Jan . 1988 the operation of foreign
    registered subsonic jet aircraft , not conforming to Chapter 2 of
    Annex 16, into and out of their territories ; and then only at those
    airports which have been identified as having declared noise problems .-
5 . In the light of paragraphs 3 and 4 above it is proposed,, by a suitable
    addition to Article 5 para 2 and Article 7 of the Directive , to require
    Member States to prevent non-noise certificated subsonic jet aircraft
    which are not registered in a . Member State operating in their territo­
    ries from 1 January 1988; with an exemption , if they so wish , to
    31 December 1988 to align with the relaxation given to Community sub­
    sonic jet aircraft by paragraph 2 article 5 of the Directive .
                                                                      /
 ---pagebreak--- Elimination of the 20 tonne lower limit in Article 5 of the Directive              .
6 . The fourth international action occured in the European Civil
        Aviation Conference ( ECAC ) which at its 48th Meeting on 17 April 198Q ,
        extended the application of its Recommendation ECAC / 10-18 of 13 December
        1978 on the prohibition of use of non-noise certificated subsonic jet
        aircraft , to aircraft with a maximum weight of less than 20 tonnes .
        This Recommendation can be accepted by the Community by an amendment
        to para 1 of Article 5 of the Directive .      .
 '                                                                               ^
Correction to conform with the objectives of the Directive
7 . The attention of the Commission has been drawn to the fact that the
        " Proposed Directive " approved on 6 December 1979 by the Council used
   -    the words " Member States " in articles 1 and 5 , whereas the final version
        of the Directive , issued after a required meeting on 12 December 1979
        of the legal and linguistic experts , used the words " Each Member State ".
        This change could be considered as creating a possible technical _ loop­
     . hole , because taken in conjunction with the remainder of the articles
        it would permit a Member State to allow an aircraft , which did not
        meet Annex 16 and which was on its register , to be used between other .
       Member States , whereas the original wording was intended not to allow
        such an aircraft to be used anywhere in the Community . For example ,
        such an aircraft on the . register of a Member State fcould be teased so
       that it would be used in the Community as long as it did not land in
       the State of Registry . To overcome this possibility an amendment has
       been proposed for Articles 1 and 5 .
Consultation
8. Since the; European Parliament and Economic and Social Committee were
        consulted on the original Directive they should be consulted on this
      . proposed amendment .
                                             ,     . ^              .
Recommendation
               5
9. The Commission therefore recommends that the Council adopt the annexed
        proposed Directive .                                             '
 ---pagebreak---                        PROPOSAL FOR A
                     COUNCIL    DIRECTIVE
                                                                I
Amending Council Directive 80 / 51 / EEC of 20 December 1979 on the limitation
                                                             /    '
          of noise emissions from subsonic aircraft
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES                                  ^           ,
Having regard to the Treaty establishing the European Economic Community
and in particular Article 84(2 ) thereof ,
Having regard to the proposal from the Commission/                                     '
Having regard to the - opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas changes made by the International Civil Aviation Organization to
the document specifying aircraft noise emission standards , and other ..
progressive action in the international area of aircraft noise have made
it necessary to make certain amendments to Council Directive 80/ 51 / EEC of
20 December 1979 on the limitation of noise emissions from subsonic
aircraft ( 1 )
               '                                . '  · "            ■            ' '         /
Whereas it is necessary to clarify the intention of Articles 1 and 5 of
Council Directive . 80/ 51 / EEC ;
Whereas it is necessary to prevent civil subsonic aircraft which are not
registered in the territories of Member States and which do not comply with
the relevant international standards from operating in those territories
after 31 December 1987, subject to a possible temporary exemption where the
aircraft concerned are being replaced,
HAS ADOPTED THIS DIRECTIVE
Article 1
The text of article 1 of Directive 80/ 51 / EEC shall be replaced by the
following :                                        i
" Each Member State shaCl ensure that 'any civil aircraft registered in
its territory and falling within one of the categories set out in Volume I
(Aircraft Noise ) of Annex 16 to ; the Convention on international civil
aviation, as applicable from 26 November 1981 / inr accordance with
Amendment 5 , may not be used in the territory of Member States unless
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                                       ' .1                                .                   -
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( 1 ) O.J. N° L 18, 24/1 / 1980, PV 26
 ---pagebreak---  it has granted noise certification on the basis of satisfactory evidence
 that the aircraft complies with requirements which are at least equal to
 the applicable standards specified in Part II , Chapter 2 , 3, 5 or 6 of
that Annex .
Article 2
itt fjafayraijlt 1 (<?) of Article 1 of Directive 8G/ 51 / EEQ the word " weights " shall
be replaced by the word " mass ".                                                '
Article 3
In paragraph 1 of Article 3 of Directive 80 / 51 / EEC , the words " Annex 16
to the Convention on international civil aviation , third edition (July 1978 )"
shall be replaced by the words :
            . i •                                                    i
" Volume I ( Aircraft Noise ) of Annex 16 to the Convention on international
civil aviation , as applicable from 26 November 1981 , in accordance with
Amendment 5 ".                                                                  -
Article 4
The text of article 5 of Directive 8D / 51 / EEC shall be replaced by the
 following :
 "1 . Without prejudice to article 1 , each Member State shall ensure that
 after 31 December 1986 civil subsonic jet aeroplanes registered in its
 territory may not be used in the territory of Member States unless it has
 granted noise certification on the basis of satisfactory evidence that the
                                            »
 aeroplane complies with requirements which are at least equal to the stan­
 dards specified in Part II , Chapter 2 Volume I ( Aircraft Noise ) of Annex 16 '
 to the Convention on international civil aviation as applicable from 26
 November 1981 , in accordance with Amendment 5 .
 ---pagebreak--- ί ϊίΛΜΛ»- Τν'Λ1>
                                       - 3 -
     2 . The competent authorities of the Member States may grant temporary
     exemptions from paragraph 1 of this article and paragraph 2 of article 7
     if the operator undertakes to replace the aeroplanes concerned by 31
     December 1988 at the latest by other aeroplanes available on the market
     which comply with requirements which are at least equal to the noise
     standards specified in Part II , Chapter 3 of Volume ! (Aircraft Noise )
     of Annex 16 to the Convention on international civil aviation as appli­
     cable from 26 November 1981 - in accordance with Amendment 5 ."
     Article 5       '
    The existing text of article 7 of Directive 80 / 51 / EEC shall be numbered
    Paragraph 1 .
    The following paragraph shall be added :               v
    " 2 , After 31 December 1987 Member States shall not permit the operation
    in their territories of civil subsonic jet aeroplanes which are not         ,
    registered in a Member State and which do not comply with requirements
    which are at least equal to the * noise standards specified in Part . II ,
    Chapter 2 Volume I ( Aircraft Noise ) of Annex 16 to the Convention on
    international civil aviation as applicable from 26 November 1981 , in
    accordance with Amendment 5 ."
                                                                          *
    Article 6
    1 . Member States shall bring into force the provisions necessary to comply
             with this Directive not later than six months after its notification
             and shall forthwith inform the Commission thereof .                  '
    2 . Member States shall ensure that the texts of the main provisions of
                                                9
             national law which they adopt in the field governed by this Directive
                              " are communicated to the 'Commission .
 ---pagebreak--- Article 7
This Directive is addressed to the Member States
Done at Brussels .