CELEX: 51997PC0253
Language: en
Date: 1997-06-04
Title: Amended proposal for a Council Directive amending Directive 92/14/EEC 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)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   Brussels, 04.06.1997
                                                   COM(97) 253 final
                                                   97/0209 (SYN)
                               Amended proposal for a
                              COUNCIL DIRECTIVE
amending Directive 92/14/EEC 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)
             (presented by the Commission pursuant to Article 189 a (2)
                                  of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                                Explanatory memorandum
During its plenary session on 11 March 1997 the European Parliament approved the
proposal for a Council Directive presented by the Commission aimed at amending
Directive 92/14/EEC on the limitation of the operation of aeroplanes covered by Part II,
Chapter 2, Volume I of Annex 16 to the Convention on International Civil Aviation,
second edition (1988). It also adopted nine amendments to the text put forward.
The Commission accepted the amendments concerning Recital 7 a (new) and Article 1 (4
a) new, since they strengthen the conditions under which an exemption granted to an
aeroplane registered in a developing nation continues to remain valid
However, the Commission was unable to accept the amendments concerning
• recitals 3,3 a (new) and Article 1(2), since they would be contrary to the balanced
   approach adopted in Directive 92/14/EEC
• recital 10 and Article 1 (7), because they would make it obligatory for the
   Commission to propose another amending Directive instead of using the Committee
   procedure in order to include in the Annex a small number of aeroplanes from
   developing nations, which could be considered for an exemption in the year 2000, the
   year in which those aeroplanes will reach 25 years of age.
•  Article 1(1) and the Annex, because Saudi Arabia is included in the official
   international list of developing nations and its aeroplanes included in the Annex meet
   the criteria laid down in Article 3 of Council Directive 92/14/EEC as amended by this
   proposal for a Directive.
                                              £
 ---pagebreak---                          Amended proposal for a Council Directive
    amending Directive 92/14/EEC 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)
                 Original text                                   Amended text
Whereas it is necessary to respect the           Whereas it is necessary to respect the
initial intention of the exemption for           initial intention of the exemption for
aeroplanes on the registers of developing        aeroplanes on the registers of developing
nations; whereas the relevant provisions of      nations; whereas the relevant provisions of
the Directive should therefore be clarified      the Directive should therefore be clarified
so that the Directive may produce its full       so that the Directive may produce its full
benefits in terms of restricting the number      benefits in terms of restricting the number
of movements by certain types of civil           of movements by certain types of civil
subsonic jet aeroplanes;                         subsonic jet aeroplanes;
                                                 Whereas an exemption granted for an
                                                 aeroplane from a developing nation shall
                                                 only benefit that nation;
                                       Article 1, Point 4
                                       AMENDMENTS
 Directive 92/14/EEC is hereby amended as Directive92/14/EEC is hereby amended as
 follows :                                        follows :
 4. Article 3(b) is replaced by the following:    4. Article 3(b) is replaced by the following:
 '(b) These aeroplanes were on the register       '(b) These aeroplanes were on the register
 of the developing nation shown for that         of the developig nation shewn for that
 aeroplane in the Annex in the reference         aeroplane in the Annex in the reference
 year and continue to be operated by natural     year and continue to be operated by natural
 or legal persons established in that nation.'   or legal persons established in that nation.'
                                                 (c) The exemption shall not apply in case
                                                 the aeroplane is leased to a natural or legal
                                                 person established in a country other than
                                                 the one mentioned for that aeroplane in the
                                                 Annex.
 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(97) 253 final
                                              DOCUMENTS
EN                                                                        07 11
                                    Catalogue number : CB-CO-97-241-EN-C
                                                              ISBN 92-78-20175-8
Office for Official Publications of the European Communities
L-2985 Luxembourg
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