L 85/40 Official Journal of the European Communities 28.3.2002 DIRECTIVE 2002/30/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports (Text with EEA relevance) 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 (3), Acting in accordance with the procedure laid down in Article 251 of the Treaty (%), Whereas: (1) A key objective of the common transport policy is sustainable development. This requires an integrated approach aimed at ensuring both the effective func- tioning of the Community's transport systems and the protection of the environment. (2)  Sustainable development of air transport necessitates the introduction of measures aimed at reducing the noise nuisance from aircraft at airports with particular noise problems. (3) A new, more stringent noise certification standard, defined in Volume 1, Part II, Chapter 4 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. (4)  The Chapter 4 standard has been established for certi- fication of aircraft and not as a basis for the introduction of operating restrictions. (5)  The gradual removal of Chapter 2 aeroplanes pursuant to Council Directive 92/14/EEC of 2 March 1992 on the limitation of the operation of aeroplanes covered by Part I, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) (°) will be completed on 1 April 2002 and new measures () O] C 75 E, 26.3.2002, p. 318. (¥ Opinion delivered on 20 March 2002 (not yet published in the Official Journal). (*) Opinion delivered on 14 March 2002 (not yet published in the Official Journal). (*) Opinion of the European Parliament of 13 March 2002 (not yet published in the Official Journal). Council Decision of 26 March 2002. () OJ L 76, 23.3.1992, p. 21. Directive as last amended by Commis- sion Regulation (EC) No 991/2001 (O] L 138, 22.5.2001, p. 12). will be required to prevent a deterioration in the noise climate after 2002, assuming continued growth of air transport in Europe. (6)  The use of aeroplanes with a better environmental performance can contribute to a more effective use of available airport capacity and facilitate airport infrastruc- ture development in line with market requirements. (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 restric- tions at airports with broadly comparable noise prob- lems. 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. (8)  Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra- Community air routes (°) provides in Articles 8 and 9 for, inter alia, publication and examination of new oper- ating restrictions: the relationship of those provisions with this Directive should be set out. (9 The legitimate interest of the air transport sector in applying cost-effective solutions for meeting noise management goals should be recognised. (10) 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 inter- national guidance for the introduction of operating restrictions on an airport-by-airport basis. The ‘balanced approach’ concept of aircraft noise management comprises four principal 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 restric- tions, without prejudice to relevant legal obligations, existing agreements, current laws and established policies. (9 O] L 240, 24.8.1992, p. 8.