Legal provisions of COM(1981)512 -

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dossier COM(1981)512 - .
document COM(1981)512 EN
date April 21, 1983

Contents

Article 1

Directive 80/51/EEC shall be amended as follows:

1. Article 1 shall be replaced by the following:

'Article 1

Each Member State shall ensure that any civil subsonic jet or propellor-driven aeroplane 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, in accordance with Amendment 5, (hereinafter referred to as Annex 16/5) 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 applicable standards specified in Part II, Chapters 2, 3, 5 or 6 of Volume I of Annex 16/5.'

2. In Article 2 (1):

- the word aircraft shall each time be replaced by the word aeroplane.

- in (e) the word weights shall be replaced by the word mass.

3. Article 3 (1) shall be replaced by the following:

'1. Each Member State shall ensure that all civil propellor-driven aeroplanes with a maximum certificated take-off mass not exceeding 5 700 kg and all civil subsonic jet aeroplanes if they do not fall within one of the categories set out in Volume I of Annex 16/5, but use aerodromes situated in any Member State, are certificated in accordance with requirements which are at least equal to the applicable standards specified in Part II, Chapter 2 or 6 of Volume I of Annex 16/5 when being newly registered in its territory.'

4. In Article 4 the word aircraft shall be replaced each time by the word aeroplanes.

5. Article 5 shall be replaced by the following:

'Article 5

1. Without prejudice to Article 1, each Member State shall ensure that as from 1 January 1987 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 these aeroplanes comply with requirements which are at least equal to the standards specified in Part II, Chapter 2, of Volume I of Annex 16/5.

2. The competent authorities of the Member States may grant temporary exemptions from paragraph 1 or from Article 7 (2) 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 I of Annex 16/5.'

6. In Article 6:

- the word aircraft shall be replaced by the word aeroplanes,

- the present text shall become paragraph 1,

- the following paragraph shall be added:

'2. Member States may authorize the use of civil propellor-driven aeroplanes with a maximum certificated take-off mass exceeding 5 700 kg which are specially designed and manufactured in very few units, and used for the transportation of aeronautical industry products of exceptional sizes, and which cannot be put into service on the basis of the other provisions of this Directive, if they ensure that such aeroplanes operate only in their territory or in that of other consenting States.

A Member State shall, before granting an authorization in accordance with this paragraph, inform the Commission thereof.'

7. In Article 7:

- the word aircraft shall each time be replaced by the word aeroplanes,

- the existing text shall become paragraph 1,

- the following paragraphs shall be added:

'2. As from 1 January 1988, 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, of Volume I of Annex 16/5.

3. The competent authorities of the Member States may allow temporary exemptions from paragraph 2 if the operator furnishes proof of the economic or technical impossibility of serving their airports by means of aeroplanes which comply with the standards referred to in paragraph 2. Such exemptions must expire by 31 December 1989 at the latest.

4. Paragraphs 2 and 3 of this Article shall not apply to Greenland.'

Article 2

1. Member States shall bring into force the provisions necessary to comply with this Directive not later than 12 months after its notification. They shall forthwith inform the Commission thereof (1).

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

Article 3

This Directive is addressed to the Member States.