Explanatory Memorandum to COM(2001)695 - Establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports - Main contents
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dossier | COM(2001)695 - Establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community ... |
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source | COM(2001)695 |
date | 28-11-2001 |
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. |
(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 only | 3. 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. |
(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 period | 2. 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. |
ANNEX 1
Contents
- LIST OF CITY AIRPORTS
- INFORMATION REFERRED TO IN ARTICLE 5(1)
- 1. Current inventory
- 2. Forecast without new measures
- 3. Assessment of additional measures
- LIST OF MARGINALLY COMPLIANT AEROPLANES FROM DEVELOPING NATIONS (BY GEOGRAPHICAL
- LACAC
- Eastern Europe (except members of ECAC or of the proposed European Common Aviation Area)
- Rest of the World
Berlin-Tempelhof Stockholm Bromma London City Belfast City
ANNEX 2
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.
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.
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
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 Cargo | SU-AVZ | 2,5 | Air Memphis |
B747-3 00 | SU-GAL | 3,4 | Egyptair |
B747-3 00 | SU-GAM | 3,4 | Egyptair |
MORROCO | |||
B747-200 | CN-RME | 0,6 | Royal Air Moroc |
ANGOLA | |||
B747-3 00 | D2-TEA | 3,4 | TAAG |
B747-3 00 | D2-TEB | 3,4 | TAAG |
IL62M | D2-TIF | 0,1 | TAAG |
GABON | |||
B747-200 | F-ODJG | 3,4 | Air Gabon |
GHANA | |||
DC8-62F Cargo | 9G-BAN | 1,1 | Continental |
B747-200F Cargo | 9G-MKI | 2,3 | MK Airlines |
B747-200F Cargo | 9G-MKJ | 2,6 | MK Airlines |
B747-200F Cargo | 9G-MKL | ? | MK Airlines |
DC8-62F Cargo | 9G-MKG | 1,4 | MK Airlines |
DC8-62F Cargo | 9G-MKH | 1,4 | MK Airlines |
DC8-62F Cargo | 9G-MKK | 1,2 | MK Airlines |
SOUTH AFRICA | |||
B747SP | ZS-SPA | 4,9 | SAA |
B747SP | ZS-SPC | 4,9 | SAA |
B747SP | ZS-SPE | 4,9 | SAA |
B747-3 00 | ZS-SAC | 3,4 | SAA |
B747-3 00 | ZS-SAJ | 3,4 | SAA |
B747-3 00 | ZS-SAT | 3,4 | SAA |
B747-3 00 | ZS-SAU | 3,4 | SAA |
B747-3 00 | ZS-SKA | 3,4 | SAA |
Type | Registration | Cumulative margin (in EPNdB) | Operator |
B747-300 | ZS-SKB | 3,4 | SAA |
B767-200 | ZS-SRB | 4,2 | SAA |
B767-200 | ZS-SRC | 4,2 | SAA |
CUBA
IL62M | CU-T-1217 | 0,1 | Cubana |
IL62M | CU-T-1225 | 0,1 | Cubana |
IL62M | CU-T-1280 | 0,1 | Cubana |
IL62M | CU-T-1282 | 0,1 | Cubana |
IL62M | CU-T-1283 | 0,1 | Cubana |
IL62M | CU-T-1284 | 0,1 | Cubana |
B747-200 | LV-MLO | 2,4 | Aerolineas Argentinas |
B747-200 | LV-MLP | 2,4 | Aerolineas Argentinas |
B747-200 | LV-MLR | 2,4 | Aerolineas Argentinas |
B747-200 | LV-OEP | 2,4 | Aerolineas Argentinas |
B747-200 | LV-OEZ | 2,4 | Aerolineas Argentinas |
B747-200 | LV-OPA | 2,4 | Aerolineas Argentinas |
B747-200 | LV-YPC | 2,4 | Aerolineas Argentinas |
BOSNIA HERZEGOVINA
Yak42 | T9-ABD | 5,0 | Air Bosnia |
Yak42 | T9-ABF | 5,0 | Air Bosnia |
GEORGIA | |||
IL62M | UK 86577 | 0,1 | Airzena Georgian AL |
KAZAKSTAN | |||
TU154M | UN 85719 | 1,6 | Aero Eko |
TU154M | UN 85780 | 1,6 | Aero Eko |
TU154M | UN 85781 | 1,6 | Aero Eko |
Yak42 | UN 42338 | 5,0 | Irtysh Avia |
Yak42 | UN 42342 | 5,0 | Irtysh Avia |
Yak42 | UN 42407 | 5,0 | Irtysh Avia |
Yak42 | UN 42447 | 5,0 | Irtysh Avia |
Yak42 | UN 42448 | 5,0 | Irtysh Avia |
Type | Registration | Cumulative margin (in EPNdB) | Operator |
KYRGHYSTAN | |||
TU154M | EX 85718 | 1,6 | Kyrghystan AL |
TU154M | EX 85762 | 1,6 | Kyrghystan AL |
IL62M | EX 62100 | 0,1 | Quadrotour Aero |
DC9-32 | Z3-AAB | 0,2 | MAT Macedonian AL |
DC9-32 | Z3-ARE | 0,2 | MAT Macedonian AL |
TU154M | E 85651 | 1,6 | Tajik Air |
TU154M | E 85691 | 1,6 | Tajik Air |
Yak42 | EZ-J672 | 5,0 | Turkmenistan AL |
Yak42 | EZ-J673 | 5,0 | Turkmenistan AL |
Yak42 | EZ-J674 | 5,0 | Turkmenistan AL |
IL62M | UK 86573 | 0,1 | Uzbekistan AL |
IL62M | UK 86578 | 0,1 | Uzbekistan AL |
IL62M | UK 86579 | 0,1 | Uzbekistan AL |
IL62M | UK 86932 | 0,1 | Uzbekistan AL |
IL62M | UK 86933 | 0,1 | Uzbekistan AL |
DC10-30 | YU-AMB | 1,1 | JAT |
DC9-32 | YU-AJI | 0,2 | JAT |
DC9-32 | YU-AJL | 0,2 | JAT |
CHINA
B747-200 cargo | B 2446 | 3,4 | Air China |
B747-200 cargo | B 2448 | 3,4 | Air China |
B747-200 cargo | B 2450 | 3,4 | Air China |
B747-200 cargo | B 2462 | 3,4 | Air China |
B747-200 | EP-IAG | 0,6 | Iran Air |
B747-200 | EP-IAH | 0,6 | Iran Air |
Type | Registration | Cumulative margin (in EPNdB) | Operator |
INDIA | |||
B747-200 | VT-EDU | 0,8 | Air India |
B747-200 | VT-EFU | 0,8 | Air India |
B747-200 | VT-EGA | 0,8 | Air India |
B747-200 | VT-EGB | 0,8 | Air India |
B747-200 | VT-EGC | 0,8 | Air India |
KUWAIT | |||
B747-200 | 9K-ADB | 0,7 | Kuwait Airways |
MALAYSIA | |||
B747-300 Frachter | 9M-MHK | 4,4 | Malaysia AL |
PAKISTAN | |||
B747-200 | AP-AYV | ? | PIA |
B747-200 | AP-AYW | ? | PIA |
B747-200 | AP-BAK | 2,3 | PIA |
B747-200 | AP-BAT | 2,3 | PIA |
B747-200 | AP-BCL | ? | PIA |
B747-200 | AP-BCM | ? | PIA |
B747-200 | AP-BCN | ? | PIA |
B747-200 | AP-BCO | ? | PIA |
B747-300 | AP-BFU | ? | PIA |
B747-300 | AP-BFV | ? | PIA |
B747-300 | AP-BFW | ? | PIA |
B747-300 | AP-BFY | ? | PIA |