CELEX: 51988PC0662
Language: en
Date: 1988-12-13
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE LIMITATION OF NOISE EMISSION FROM CIVIL SUBSONIC JET AEROPLANES

No C 37/6                              Official Journal of the European Communities                                   14. 2. 89
 Objective 4                                                         — cable operators,
 To ensure the development of a strategy and action plan            — professional and consumer electronics          equipment
 for the progressive launch of H D T V services in Europe                 manufacturers,
 throughout the 1990s.
                                                                    — television and film production industry,
                           Article 2                                throughout the Community, and throughout Europe as a
 In order to attain the objectives referred to in Article 1,        whole, in close cooperation with the Eureka H D T V
 an action plan for the introduction of H D T V will be             project actors and coordinators.
 prepared, under the responsibility of the Commission in
 consultation with the:                                                                        Article 3
 — Member States' authorities,                                      On the basis of the results of the consultations, and on a
                                                                    proposal from the Commission, the Council shall decide
 — terrestrial broadcasters,                                        an action plan for the introduction of H D T V services.
                                                                    This action plan will also include mechanisms allowing
 — satellite TV stations,                                           European third countries to participate.
              Proposal for a Council Directive on the limitation of noise emission from civil subsonic jet
                                                           aeroplanes
                                                      COM(88) 662 final
                                     (Submitted by the Commission on 7 December 1988)
                                                         (89/C 37/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            8 0 / 5 1 / E E C O , as amended by Directive 83/206/
                                                                    EEC (2), fixes limits on emission of such noise;
Having regard to the Treaty establishing the European              Whereas the priority programme of the Council for the
Economic Community, and in particular Article 84 (2)               study of air transport questions refers to emissions from
thereof,                                                           aeroplanes including noise;
                                                                   Whereas the programme of action of the European
Having regard to the proposal from the Commission,                 Communities on the environment (3) shows clearly the
                                                                   importance of the problem of noise and, in particular,
                                                                   the need to take action against noise due to air traffic;
Having regard       to  the   opinion   of   the   European
Parliament,
                                                                   Whereas aeroplane noise should be further reduced,
                                                                   taking into account environmental factors, technical
                                                                   feasibility and economic consequences;
Having regard to the opinion of the Economic and
Social Committee,
                                                                   Whereas, therefore, it is appropriate to restrict the
                                                                   addition of civil subsonic jet aeroplanes to Member
                                                                   States' registers to those which comply with the
Whereas the application of noise emission standards to             standards specified in Part II, Chapter 3, Volume 1 of
civil subsonic jet aeroplanes has significant consequences         Annex 16 to the Convention on International Civil
for the provision of air transport services in particular          Aviation, first edition (November 1981), and, in
where such standards impose restrictions on the type of            conjunction with the creation of an area without internal
aeroplanes that may be operated by airlines, encourage
investment in the latest and quietest aeroplanes available         (') OJ No L 18, 24. 1. 1980, p. 26.
and facilitate the better use of existing capacity,                (2) OJ No L 117, 4. 5. 1983, p. 15.
including that of airports; whereas Council Directive              (J) OJ No C 328, 7. 12. 1987, p. 1.
 ---pagebreak--- 14. 2. 89                             Official Journal of the European Communities                              No C 37/7
frontiers, it would be reasonable to exclude from this                                    Article 3
non-addition rule aeroplanes on national registers of
Member States on 1 November 1990; whereas, due to                Member States may grant             exemptions  from   the
the freedom of movement such a rule would allow, it is           provisions of Article 2 for:
essential that exemptions are limited and that those             (a) aeroplanes of historic interest;
granted, closely monitored and restricted in time;
                                                                 (b) aeroplanes which replace an equivalent number of
Whereas common rules for this purpose should be                       aeroplanes which have been accidently destroyed.
introduced in a reasonable timescale to ensure that
a harmonized approach prevails throughout the                                             Article 4
Community, supplementing existing rules; whereas this is
particularly important in view of the recent impetus given       Member States may grant exemptions from the
to limited deregulation of European air traffic;                 provisions of Article 2, on an annual basis and for no
                                                                 more than five years in total, for:
Whereas the work undertaken by the Community in                  (a) aeroplanes which were used by the operator, being
cooperation with other international bodies indicated                 an operator of a Member State, before 1 January
that limiting the addition to Member States' registers of             1989, under hire purchase or leasing contracts still
aeroplanes which are unable to meet the noise certifi-                in effect, and which for that reason have been
cation standards specified in Chapter 3 of Annex 16,                  registered in a non-member State;
would in itself be of limited environmental benefit, and
should therefore be considered only as a first stage, to be      (b) aeroplanes leased to an operator of a non-member
followed by measures to limit the operation of aero-                  State which for that reason have been temporarily
planes which do not comply with the standards of                      removed from a Member State's register;
 Chapter 3 of Annex 16,
                                                                 (c) aeroplanes which are leased from a non-member
                                                                      State on a short-term basis provided that the
 HAS ADOPTED THIS DIRECTIVE:                                          operator demonstrates that this is the normal practice
                                                                      in his sector of the industry and that the pursuit of
                                                                      his operations would otherwise be adversely affected.
                          Article 1
 1.    The objective of this Directive is to lay down                                      Article 5
 stricter rules for the limitation of noise emission from         1.    A Member State granting exemptions shall inform
 civil subsonic jet aeroplanes.                                   the competent authorities of the Member States and the
                                                                  Commission of the fact and of the criteria for their
 2.     This Directive does not apply to aeroplanes with a        decision.
 maximum take-off mass of 34 000 kg or less.
                                                                  2.    Member States shall recognize the exemptions
                                                                  granted by other Member States in respect of aeroplanes
                          Article 2                               on the registers of those Member States.
 1.     Member States shall ensure that, as from 1
 November 1990, civil subsonic jet aeroplanes registered                                   Article 6
 or leased for use after that date in their territory, or in       1.   Member States shall bring into force the laws,
 the territory of another Member State may not be                 regulations and administrative provisions necessary to
 operated in their territory unless granted a noise               comply with this Directive before 30 September 1989.
 certificate to the standards at least equal to those
 specified in Part II, Chapter 3, Volume 1 of Annex 16 to
                                                                  2.    Member States shall communicate to the
 the Convention on International Civil Aviation, first
                                                                  Commission the text of the provisions which they adopt
 edition (November 1981).
                                                                  in the field covered by this Directive.
 2.     Paragraph 1 does not apply to aeroplanes on the                                    Article 7
 national registers of Member States on 1 November
  1990.                                                           This Directive is addressed to the Member States.