Legal provisions of COM(2003)524 - Regulation of the operation of aeroplanes covered by Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) (Codified version)

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dossier COM(2003)524 - Regulation of the operation of aeroplanes covered by Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on ...
document COM(2003)524 EN
date December 12, 2006


Article 1

1. The objective of this Directive is to regulate the operation of civil subsonic jet aeroplanes as specified in Article 2.

2. This Directive shall apply to aeroplanes with a maximum take-off mass of 34 000 kg or more or with a certified maximum internal accommodation for the aeroplane type in question consisting of more than nineteen passenger seats, excluding any seats for crew only.

Article 2

1. Member States shall ensure that all civil subsonic jet aeroplanes operating from airports situated in their territory comply with the standards specified in Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988).

2. The territory referred to in paragraph 1 shall not include the overseas departments referred to in Article 299(2) of the Treaty.

Article 3

1. Member States may grant exemptions from Article 2 for aeroplanes of historical interest.

2. Any Member State granting exemptions under paragraph 1 shall inform the competent authorities of the other Member States and the Commission of the fact and of the grounds for its decision.

3. Every Member State shall recognise the exemptions granted by another Member State in respect of aeroplanes entered on the registers of the latter.

4. In individual cases, Member States may permit the temporary use, at airports situated in their territory, of aeroplanes which cannot be operated on the basis of the other provisions of this Directive. This exemption should be limited to:

(a)aeroplanes whose operations are of such an exceptional nature that it would be unreasonable to withhold a temporary exemption;

(b)aeroplanes on non-revenue flights for the purposes of alterations, repair or maintenance.

Article 4

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

Article 5

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that those rules are implemented . The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission and shall notify it without delay of any subsequent amendment affecting them.

Article 6

1. Directive 92/14/EEC is hereby repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex I, Part B.

2. References made to the repealed Directive shall be construed as being made to this Directive and should be read in accordance with the correlation table in Annex II.

Article 7

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 8

This Directive is addressed to the Member States.