Explanatory Memorandum to COM(2001)695 - Establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports

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C 75 E/318 EN Official Journal of the European Communities 26.3.2002
Proposal for a Directive of the European Parliament and of the Council on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at

Community airports

(2002/C 75 E/21)

(Text with EEA relevance)

COM(2001) 695 final — 2001/0282(COD)

(Submitted by the Commission on 3 December 2001)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF

THE EUROPEAN UNION,

Having regard to the Treaty establishing the European

Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social

Committee,

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article

251 of the Treaty,

Whereas:

A key objective of the common transport policy is sustainable development. This requires an integrated approach aimed at ensuring both the effective functioning of the Community's transport systems and the protection of the environment,

Sustainable development of air transport necessitates the introduction of measures aimed at reducing the noise nuisance from aeroplanes at airports with particular noise problems,

A new, more stringent noise certification standard, defined in Chapter 4 of Volume 1, Part II of Annex 16 to the Convention on International Civil Aviation, has been established within the framework of the International Civil Aviation Organisation (ICAO) and will contribute to an improvement in the noise climate around airports in the longer term,

The Chapter 4 standard has been established for certification of aeroplanes and not as a basis for the introduction of operating restrictions,

The gradual removal of Chapter 2 aeroplanes in application of Directive 92/14/EEC (1)will be completed on 1 April 2002 and new measures will be required to prevent a deterioration in the noise climate after 2002, assuming continued growth of air transport in Europe,

The use of aeroplanes with a better environmental performance can contribute to a more effective use of available airport capacity and facilitate airport infrastructure development in line with market requirements,

j1) OJ L 76, 23.3.1992, p. 21 as amended by Council Directive 98/20/EC (OJ L 107, 7.4.1998, p.

4).
(7) A common framework of rules and procedures for the introduction of operating restrictions at Community airports, as part of a balanced approach on noise management, will help safeguard internal market requirements by introducing similar operating restrictions at airports with broadly comparable noise problems. This includes assessment of the noise impact at an airport and evaluation of the measures available to alleviate that impact, and selection of the appropriate mitigation measures with the goal of achieving the maximum environmental benefit most cost effectively,

Regulation 2408/92 (2) provides in Articles 8 and 9 for, inter alia, publication and examination of operating restrictions: the relationship of those provisions with this Directive should be set out.

The legitimate interest of the air transport sector in applying cost-effective solutions for meeting noise management goals should be recognised,

The 33rd ICAO Assembly has adopted Resolution A33/7 introducing the concept of a ‘balanced approach’ to noise management, thereby establishing a policy approach to address aeroplane noise, including international guidance for the introduction of operating restrictions on an airport-by-airport basis. The ‘balanced approach’ concept of aeroplane noise management comprises four principle elements and requires careful assessment of all different options to mitigate noise, including reduction of aeroplane noise at source, land-use planning and management measures, noise abatement operational procedures and operating restrictions, without prejudice to relevant legal obligations, existing agreements, current laws and established policies,

Directive 2002/.. ./EC which is a horizontal measure covering all modes of transport has introduced a common approach for the assessment and management of environmental noise. It aims at monitoring the environmental problem caused by noise in major agglomerations and in the vicinity of main transport infrastructures, including airports, at making information on environmental noise and its effects available to the public, and at requesting competent authorities to draw up action plans with a view to preventing and reducing environmental noise where necessary and to preserving environmental noise quality where it is good,

OJ L 240, 24.8.1992, p. 8.

(12) Directive 85/337/EEC (') already provides for a comprehensive assessment of airport projects including noise mitigation. This can be considered as meeting, in part, the assessment requirements of this Directive in the case of airport infrastructure extension projects,

Such an assessment may demonstrate that the objectives can only be achieved by a restriction on new services and the gradual withdrawal of aeroplanes that meet the Chapter 3 noise certification standard by a small margin,
(14) The particular noise problems of airports which are located in the centre of large conurbations (‘city airports’) should be recognised by allowing for the introduction of more stringent rules, airports, but there is a possibility of introducing distortions of competition. The objective can therefore, be more effectively achieved by the Community by means of harmonised rules on the introduction of operating restrictions as part of the noise management process. The Directive confines itself to the minimum required in order to achieve this objective and does not go beyond what is necessary for that purpose,

In accordance with Article 2 of Decision 1999/468/EC of 28 June 1999 (2) laying down the procedures for the exercise of implementing powers conferred on the Commission, certain measures for the implementation of this Directive should be adopted by use of the advisory procedure provided for in Article 3 of that Decision,

(15) It is necessary to finalise the indicative list of city airports on the basis of information to be provided by Member States,

The extension of airport infrastructure should be facilitated with a view to safeguarding the sustainable development of air transport activities,

It is necessary to allow for the continuation of existing airport-specific noise management measures and for certain technical changes to operating restrictions of a partial nature,

Undue economic hardship for operators from developing nations should be avoided by allowing for the granting of exemptions where appropriate, and such provision should include safeguards to avoid abuse,
(24) Since certain measures necessary for the implementation of this Directive are measures of general scope within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercice of implementing powers conferred on the Commission, they should be adopted by use of the regulatory procedure provided for in Article 5 of that Decision,

The measures provided for by the present Directive supersede those provided by Regulation (EC) 925/1999 of 29 April (3) on the registration and operation within the Community of certain types of civil subsonic jet aeroplanes which have been modified and recertificated as meeting the standards of volume I, Part II, Chapter 3 of Annex 16 to the Convention on International Civil Aviation, third edition (July 1993). That Regulation should therefore be repealed,


HAVE ADOPTED THIS DIRECTIVE:

(19) It is necessary to ensure transparency and consultation of all parties involved in conjunction with proposals on noise related measures, including the introduction of new operating restrictions,

Operators should be given a reasonable period of advance notice when new operating restrictions are to be introduced,

Provisions should be made to ensure the right of appeal against the introduction of operating restrictions,

The Directive is in accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty. The introduction of operating restrictions at Community airports can contribute to the objective ofpreventing a worsening of the noise climate around
Article 1

Objectives

The objectives of this Directive are

(a) to lay down rules for the Community to facilitate the introduction of operating restrictions in a consistent manner at the airport level so as to help prevent a worsening of the noise climate and to limit or reduce the number of people significantly affected by the harmful effects of aircraft noise

(b) to provide a framework which safeguards internal market requirements by ensuring that similar solutions are applied if similar noise problems are identified at airports

j1) OJ L 175, 5.7.1985, p. 40 as amended by Council Directive 97/11/EC (OJ L 73, 14.3.1997, p.

5).
(2) OJ L 184, 17.7.1999, p. 23.

OJ L 120, 8.5.99, p. 47.

(c) to facilitate a sustainable development of airport capacity

(d) to facilitate the achievement of specific noise abatement objectives at the level of individual airports
(f) ‘Interested parties’ shall mean natural or legal persons affected or likely to be affected by, or having an interest in the introduction of noise reduction measures, including operating restrictions.

(e) to enable the selection of available measures with the goal to achieve maximum environmental benefit in the most cost effective manner.

Article 2

Definitions

For the purpose of this Directive:

(a) ‘Airport’ shall mean a civil airport which has more than 50 000 movements per year (a movement being a take-off or landing), excluding those purely for training purposes on light aircraft

(b) ‘City airport’ shall mean an airport in the centre of a large conurbation, providing predominantly point-to-point intra-European service, where a significant number of people are objectively affected by aircraft noise and where any incremental increase in aircraft movements represents a particularly high annoyance in light of the extreme noise situation. An airport may qualify as a city airport only if there is an alternative airport also serving that city. These airports are listed in Annex 1.
Article 3

Competent authority

Member States shall designate the independent competent authorities responsible for matters falling within the scope of this Directive.

Article 4

General rules on aircraft noise management

1. Member States shall ensure that the competent authorities adopt a balanced approach by considering the available measures to address the noise problem at an airport in their territory, namely the foreseeable effect of a reduction of aeroplane noise at source, land-use planning and management, noise abatement operational procedures and other possible noise management measures, such as economic incentives and operating restrictions.

2. When considering operating restrictions, the competent authorities shall take into account the likely costs and benefits of the various measures available as well as airport specific characteristics.

(c) ‘civil subsonic jet aeroplanes’ shall mean aeroplanes with a maximum certificated 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 19 passenger seats, excluding any seats for crew only3. Measures or a combination of measures taken under this Directive shall not be more restrictive than necessary in order to achieve the environmental objective established for a specific airport. They shall be non-discriminatory on grounds of nationality or identity of air carrier.

(d) ‘marginally compliant aeroplanes’ shall mean civil subsonic jet aeroplanes, that meet the Chapter 3 certification limits laid down in Volume 1, Part II, Chapter 3 of Annex 16 to the Convention on International Civil Aviation by a cumulative margin of not more than 5 EPNdB (Effective Perceived Noise in decibels), whereby the cumulative margin is the figure expressed in EPNdB obtained by adding the individual margins (i.e. the differences between the certificated noise level and the maximum permitted noise level) at each of the three reference noise measurement points as defined in Volume 1, Part II, Chapter 3 of Annex 16 to the Convention on International Civil AviationArticle 5

Rules on assessment

1. Member States shall ensure that the decision which is requested by the managing body of an airport or by a public authority to the competent authority for operating restrictions is based on the information as specified in Annex 2, to be provided in an appropriate form by the managing body of the airport.

(e) ‘Operating restrictions’ shall mean noise related action that limits or reduces access of civil subsonic aeroplanes to an airport. It includes operating restrictions aimed at the withdrawal from operations of marginally compliant aeroplanes at specific airports as well as operating restrictions of a partial nature, affecting the operation of civil subsonic aeroplanes according to time period2. Where airport projects are subject to an environmental impact assessment in application of Directive 85/337/EEC as amended by Directive 97/11/EC, the assessment carried out in conformity with the provisions of Council Directive 85/337/EEC shall be considered as equivalent to and meeting the requirements of the provisions laid down in paragraph 1 provided that the assessment includes the elements in Annex 2 to this Directive.

Article 6

Rules on the introduction of operating restrictions aimed at the withdrawal of marginally compliant aeroplanes

1. If the assessment of all available measures carried out in conformity with the requirements of Article 5 demonstrates that the achievement of the objectives of this Directive requires, after consideration of operating restrictions of a partial nature,the introduction of operating restrictions aimed at the withdrawal of marginally compliant aeroplanes, the following rules shall apply instead of the procedure foreseen in Article 9 of Regulation 2408/92/EC at the airport under consideration:

(a) 6 months after the completion of the assessment and decision by a competent authority to the introduction of an operating restriction, no new services shall be allowed with marginally compliant aeroplanes at that airport.

(b) not less than one year thereafter each operator may be required by the competent authority to remove marginally compliant aeroplanes from their fleet at an annual rate of not more than 20 % of that operator's fleet of marginally compliant aeroplanes serving that airport. The rate of removal shall take into account the age of the aeroplanes and the composition of the total fleet.

2. Subject to the rules on assessment of Article 5 city airports listed in Annex 1 may introduce measures that are more stringent, in terms of the definition of marginally compliant aeroplanes provided that these measures do not affect civil subsonic jet aeroplanes that comply, through either original certification or recertification, with the noise standards in Volume I, Part II, Chapter 4 of Annex 16 to the Convention on International Civil Aviation.

The Commission shall, at the request of a Member State or on its own initiative, examine the application of paragraphs 1 and 2, and, within three months of receipt of a request and after consulting the Committee referred to in Article 12(1) in accordance with the procedure laid down in Article 12(3), decide whether the Member State concerned may pursue the introduction of the operating restriction. The Commission shall communicate its decision to the Council and the Member States.

Any Member State may refer the Commission's decision to the Council within one month. The Council, acting by a qualified majority, may take a different decision within a period of one month.

This article shall not affect Article 8 of Regulation 2408/92/EEC.

Article 7

Existing operating restrictions

Article 5 shall not apply to:

(a) operating restrictions that were already in force on the date of entry into force of this Directive.
(b) technical changes to operating restrictions of a partial nature that do not have any significant cost implications for the airline operators at any given Community airport and that have been introduced after the entry into force of this Directive.

Article 8

Developing nations

1. Non-compliant aeroplanes registered in developing nations and listed in Annex 3 shall be exempted from the provisions of Article 6 paragraphs 1 and 2 provided that

(a) such aeroplanes, granted noise certification to the standards specified in Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation, were operated into the Community between 1 January 1996 and 31 December 2001 (‘the reference period’),

(b) these aeroplanes were, in the reference period, on the register of the developing nation concerned and that they continue to be operated by a natural or legal person established in that nation.

2. Any Member State granting an exemption shall forthwith inform the competent authorities of the other Member States and the Commission of the exemptions it has granted including such details as are specified in Annex 3.

Article 9

Consultation and transparency

Member States shall ensure that a consultation procedure relating to the application of Articles 5 and 6 and involving all interested parties is established. Competent authorities should ensure openness and transparency as regards data and computation methodology within the limits of commercial confidentiality.

Article 10

Public notice

1. Member States shall ensure that, when competent authorities decide the introduction of any new operating restriction, public notice is given to all interested parties at least

(a) 6 months before the entry into force of the measures in Article 6(1)(a).

(b) one year before the entry into force of the measures in Article 6(1)b and 6(2).

2. Any Member State shall forthwith inform the other Member States and the Commission of any new operating restriction it intends to introduce at an airport in its territory.

Article 11 Right of appeal

Member States shall ensure that any interested party has the right to appeal against the measures taken pursuant to Articles 6 and 7, before a national court or an independent public authority other than the one that has adopted the contested measure.

Article 12

Committee

1. The Commission shall be assisted by the Committee instituted by Article 11 of Regulation 2408/92/EC.

2. The Committee may be consulted by the Commission on any matter concerning the application of this Directive.

3. When reference is made to this paragraph, the advisory procedure laid down in Article 3 of Decision 1999/468/eC shall apply, in compliance with Article 7(3) and Article 8 thereof.

4. When reference is made to this paragraph, the regulatory procedure laid down in Article 5 of Decision 1999/468/EC shall apply, in compliance with Article 7(3) and Article 8 thereof.

Article 13

Information and revision

Member States shall upon request submit information on the application of this Directive to the Commission.

No later than 5 years after the entry into force of this Directive the Commission shall report to the European Parliament and to the Council on the application of this Directive.

The report shall be accompanied, where necessary, by proposals for revision of the Directive.
It shall contain an assessment of the effectivness of this Directive, in particular the need to revise the definition of marginally compliant aeroplanes as laid down in article 2(d).

Article 14

Repeal

Regulation (EC) No 925/1999 is repealed as from the date of entry into force of this Directive.

Article 15

Implementation

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 2003 at the latest. They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 16

Entry into force

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

Article 17

Addressees

This Directive is addressed to the Member States.


ANNEX 1

1.

LIST OF CITY AIRPORTS


Berlin-Tempelhof Stockholm Bromma London City Belfast City

ANNEX 2

2.

INFORMATION REFERRED TO IN ARTICLE 5(1)


3.

1. Current inventory


1.1. A description of the airport including information about its size, location, surroundings, air traffic volume and mix.

1.2. A description of the environmental objectives for the airport and the national context.

1.3. Details of noise contours for the current and previous years — including an assessment of the number of people affected by aircraft noise. Description of the computational method used to develop the contours.

1.4. A description of measures to ameliorate aircraft noise already implemented: for example, information on land-use planning and management; noise insulation programmes; operating procedures such as PANS-OPS; operation restrictions such as noise limits, night limits/curfew, noise charges; preferential runway use, noise preferred routes/ track-keeping; and noise monitoring.

4.

2. Forecast without new measures


2.1. Descriptions of airport developments (if any) already approved and in the programme, for example, increased capacity, runway and/or terminal expansion, and the projected future traffic mix and estimated growth.

2.2. In case of airport capacity extension the benefits of making that additional capacity available.

2.3. A description of effect on noise climate without further measures, and of those measures already planned to ameliorate that noise impact over the same period.

2.4. Forecast noise contours — including an assessment of the number of people likely to be affected by aircraft noise — distinguish between established residential area and newly constructed residential areas.

2.5. Evaluation of the consequences and possible costs of not taking action to reduce the impact of increased noise — if it is expected to occur.

5.

3. Assessment of additional measures


3.1. Outline of the additional measures available and an indication of the main reasons for their selection. Description of those measures chosen for further analysis and information on the cost of introducing these measures; the number of people expected to benefit and timeframe; and a ranking of the overall effectiveness of particular measures.

3.2. Assessment of the cost/effectiveness or cost/benefit of the introduction of specific measures, taking account of the socio-economic effects of the measures on the users of the airport: operators (passenger and freight); travellers and local communities.

3.3. An overview of the possible environmental and competitive effects of the proposed measures on other airports, operators and other interested parties.

3.4. Reasons for selection of the preferred option.

3.5. A non-technical summary.

4. Relation with the (proposed) Directive relating to the Assessment and Management of Environmental Noise [COM(2000) 468]

4.1. When and where noise maps or action plans have been prepared under the terms of the Environmental Noise Directive these will be used for providing the information required in this Annex.

4.2. The assessment of noise exposure (i.e. noise contours and number of people affected) shall be carried out using at least the common noise indicators Lden and Lnight as specified in the Environmental Noise Directive, where available.

ANNEX 3

6.

LIST OF MARGINALLY COMPLIANT AEROPLANES FROM DEVELOPING NATIONS (BY GEOGRAPHICAL


REGION)

Note: Exemptions for aeroplanes in this Annex are granted within the general framework of the United Nations policies and decisions (e.g. sanctions, embargo, etc.)

Type


Registration


Cumulative margin (in EPNdB)


Operator


ACAC and AFCAC

EGYPT
B707-300F CargoSU-AVZ2,5Air Memphis
B747-3 00SU-GAL3,4Egyptair
B747-3 00SU-GAM3,4Egyptair
MORROCO
B747-200CN-RME0,6Royal Air Moroc
ANGOLA
B747-3 00D2-TEA3,4TAAG
B747-3 00D2-TEB3,4TAAG
IL62MD2-TIF0,1TAAG
GABON
B747-200F-ODJG3,4Air Gabon
GHANA
DC8-62F Cargo9G-BAN1,1Continental
B747-200F Cargo9G-MKI2,3MK Airlines
B747-200F Cargo9G-MKJ2,6MK Airlines
B747-200F Cargo9G-MKL?MK Airlines
DC8-62F Cargo9G-MKG1,4MK Airlines
DC8-62F Cargo9G-MKH1,4MK Airlines
DC8-62F Cargo9G-MKK1,2MK Airlines
SOUTH AFRICA
B747SPZS-SPA4,9SAA
B747SPZS-SPC4,9SAA
B747SPZS-SPE4,9SAA
B747-3 00ZS-SAC3,4SAA
B747-3 00ZS-SAJ3,4SAA
B747-3 00ZS-SAT3,4SAA
B747-3 00ZS-SAU3,4SAA
B747-3 00ZS-SKA3,4SAA
TypeRegistrationCumulative margin (in EPNdB)Operator
B747-300ZS-SKB3,4SAA
B767-200ZS-SRB4,2SAA
B767-200ZS-SRC4,2SAA

7.

LACAC


CUBA
IL62MCU-T-12170,1Cubana
IL62MCU-T-12250,1Cubana
IL62MCU-T-12800,1Cubana
IL62MCU-T-12820,1Cubana
IL62MCU-T-12830,1Cubana
IL62MCU-T-12840,1Cubana
ARGENTINA
B747-200LV-MLO2,4Aerolineas Argentinas
B747-200LV-MLP2,4Aerolineas Argentinas
B747-200LV-MLR2,4Aerolineas Argentinas
B747-200LV-OEP2,4Aerolineas Argentinas
B747-200LV-OEZ2,4Aerolineas Argentinas
B747-200LV-OPA2,4Aerolineas Argentinas
B747-200LV-YPC2,4Aerolineas Argentinas

8.

Eastern Europe (except members of ECAC or of the proposed European Common Aviation Area)


BOSNIA HERZEGOVINA
Yak42T9-ABD5,0Air Bosnia
Yak42T9-ABF5,0Air Bosnia
GEORGIA
IL62MUK 865770,1Airzena Georgian AL
KAZAKSTAN
TU154MUN 857191,6Aero Eko
TU154MUN 857801,6Aero Eko
TU154MUN 857811,6Aero Eko
Yak42UN 423385,0Irtysh Avia
Yak42UN 423425,0Irtysh Avia
Yak42UN 424075,0Irtysh Avia
Yak42UN 424475,0Irtysh Avia
Yak42UN 424485,0Irtysh Avia
TypeRegistrationCumulative margin (in EPNdB)Operator
KYRGHYSTAN
TU154MEX 857181,6Kyrghystan AL
TU154MEX 857621,6Kyrghystan AL
IL62MEX 621000,1Quadrotour Aero
FYROM
DC9-32Z3-AAB0,2MAT Macedonian AL
DC9-32Z3-ARE0,2MAT Macedonian AL
TAJIKISTAN
TU154ME 856511,6Tajik Air
TU154ME 856911,6Tajik Air
TURMENISTAN
Yak42EZ-J6725,0Turkmenistan AL
Yak42EZ-J6735,0Turkmenistan AL
Yak42EZ-J6745,0Turkmenistan AL
UZBEKISTAN
IL62MUK 865730,1Uzbekistan AL
IL62MUK 865780,1Uzbekistan AL
IL62MUK 865790,1Uzbekistan AL
IL62MUK 869320,1Uzbekistan AL
IL62MUK 869330,1Uzbekistan AL
FEDERAL REPUBLIC OF YUGOSLAVIA
DC10-30YU-AMB1,1JAT
DC9-32YU-AJI0,2JAT
DC9-32YU-AJL0,2JAT

9.

Rest of the World


CHINA
B747-200 cargoB 24463,4Air China
B747-200 cargoB 24483,4Air China
B747-200 cargoB 24503,4Air China
B747-200 cargoB 24623,4Air China
IRAN
B747-200EP-IAG0,6Iran Air
B747-200EP-IAH0,6Iran Air
TypeRegistrationCumulative margin (in EPNdB)Operator
INDIA
B747-200VT-EDU0,8Air India
B747-200VT-EFU0,8Air India
B747-200VT-EGA0,8Air India
B747-200VT-EGB0,8Air India
B747-200VT-EGC0,8Air India
KUWAIT
B747-2009K-ADB0,7Kuwait Airways
MALAYSIA
B747-300 Frachter9M-MHK4,4Malaysia AL
PAKISTAN
B747-200AP-AYV?PIA
B747-200AP-AYW?PIA
B747-200AP-BAK2,3PIA
B747-200AP-BAT2,3PIA
B747-200AP-BCL?PIA
B747-200AP-BCM?PIA
B747-200AP-BCN?PIA
B747-200AP-BCO?PIA
B747-300AP-BFU?PIA
B747-300AP-BFV?PIA
B747-300AP-BFW?PIA
B747-300AP-BFY?PIA