Proposal for a COUNCIL DIRECTIVE amending Directive 92/14/EEC on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988)
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 04. 09. 1996 COM(96) 413 final 96/0209 (SYN) Proposal for a COUNCIL DIRECTIVE amending Directive 92/14/EEC on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) (presented by the Commission) EXPLANATORY MEMORANDUM I. Introduction 1. The adoption of Council Directive 92/14/EEC1 on 2 March 1992 presented a further step in the Community policy of noise abatement for individual aeroplanes. 2. Initial action to reduce the noise from aeroplanes was taken by the Community through the Council Directive on aeroplane noise - 80/51/EEC2 - which prevents any further non-noise certificated aeroplanes from being added to the civil air registers of Member States and required the removal of such aeroplanes already on the registers by 31 December 1986. The international Civil Aviation Organization (ICAO), for its part, through its standards, has prevented any further manufacture of non-noise certificated aeroplanes. By an amending Council Directive 83/2067EEC3, the Community has prevented foreign registered non-noise certificated aeroplanes to operate to and from airports in the Community as from 1 January 1988. Since that date non-noise certificated aeroplanes have ceased to be an environmental nuisance in the Community. 3. On 4 December 1989 the Council adopted Council Directive 89/629/EEC4 prohibiting the addition to the registers of Member States of civil subsonic jet aeroplanes that do not meet the standards specified in Chapter 3 of Annex 16 to the Convention on International Civil Aviation. This non-addition rule was then followed by a non-operation rule as contained in the above- — mentioned Council Directive 92/14/EEC. II. Community action 4. In order to take into account the difficult economic situation of air carriers in developing nations, Council Directive 92/14/EEC contained in its Annex a preliminary list of aircraft from developing nations which are to be exempted from the non-operation rule until 1 April 2002. However, a number of aircraft from these nations qualifying for an exemption were not notified to the Commission at the time of the adoption of the Directive and, thus, not included in the Annex. OJ N* L 76, 23. 03. 1992, p. 21 OJ N* L 18, 24. 01. 1980, p. 26 OJ N' L 117, 04. 05. 1983, p. 15 OJ N' L 363, 13. 12. 1989, p. 27 L 5. In particular the Arab Air Carriers Organisation (AACO) presented to the Commission a request for exemptions under 3 Article of Council Directive 92/14/EEC for Chapter 2 aeroplanes operated by some of its member airlines. From a technical assessment carried out in cooperation with the relevant working group of the European Civil Aviation Conference (ECAC), it appeared that most of these aeroplanes qualified for an exemption and should, thus, be included in the Annex to Council Directive 92/14/EEC. 6. In the absence of such an updated Annex there might be uncertainty as to the status of the aeroplanes from developing nations qualifying for an exemption. It is therefore essential for the Community to update this Annex urgently. This is the main purpose of the proposed amending Directive. III. Contents of the Directive 7. Article 1 introduces the necessary amendments to Council Directive 92/14/EEC. It offers Member States which operate an airport system the possibility to limit or exclude the operation of certain noisier types of aircraft at one or more of the airports forming part of the airport system, while giving due consideration both to environmental protection requirements and the interests of the air transport industry. Furthermore, it updates its current Annex by including a number of Chapter 2 aeroplanes from developing nations which qualify for an exemption and by deleting some Chapter 2 aeroplanes which were on the initial Annex and have been sold or destroyed since. Also, it provides for an advisory Committee to assist the Commission in future updating of the amended Annex. This Article contains the necessary definitions as well as a number of drafting amendments which seek to clarify the objective of some of the Articles of Council Directive 92/14/EEC, namely Articles 3(b) and 7. The objective of these amendments is to ensure a uniform interpretation throughout the Community. 8. The objective of Article 2 is to ensure that Member States provide for the appropriate measures with the view to guaranteeing the effective operation of the common rules. 9. Articles 3 (1), 4 and 5 are standard Articles dealing mainly with the incorporation into national law of the Directive. Article 3 (2) takes into account the provisions in the Act of Accession on the status of Austria concerning the date of implementation of Council Directive 92/14/EEC. Proposal for a COUNCIL DIRECTIVE amending Directive 92/14/EEC on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 84(2) thereof, Having regard to the proposal from the Commission(,), Having regard to the opinion of the Economic and Social Committee®, Acting in accordance with the procedure referred to in Article 189c of the Treaty in cooperation with the European Parliament^ Whereas the main purpose of the provisions under Council Directive 92/14/EEC(4) is to restrict the operation of certain types of civil subsonic jet aeroplanes; Whereas a definition of the key elements of the Directive should prevent any ambiguity as to the objective and the scope of the Directive; Whereas for airports grouped together as an airport system it is generally sufficient if certain types of noisier aeroplanes can continue to operate to and from at least one airport forming part of the airport system; whereas the concentration of the operation of certain types of noisier aeroplanes in one or more airports forming part of an airport system should not unduly restrict access to the city or conurbation served by the airport system; Whereas Article 3 of that Directive provided exemptions for aeroplanes on the registers of developing nations and whereas the aeroplanes so exempted were listed in the Annex to that Directive; Whereas it is necessary to modify the Annex to that Directive to add certain aeroplanes which qualify for an exemption and were not included at the time of adoption; whereas it is also necessary to delete certain aeroplanes that have been withdrawn from service, destroyed or otherwise no longer qualify for the exemption; (i) (2) (3) (4) OJN* C. O J N' C. Opinion of the European Parliament of. (OJ n' C. ) Council Common Position of. (OJ n* C. ) and decision of the European Parliament of. (OJ n" C. ) OJN* L76, 23. 3. 1992, p. 21. I*- Whereas it is essential to prevent irregular usage of registrations; whereas the Annex now contains for each aeroplane reference to the manufacturers' construction number for the individual fuselage; Whereas it is necessary to respect the initial intention of the exemption for aeroplanes on the registers of developing nations; whereas the relevant provisions of the Directive should therefore be clarified so that the Directive may produce its full benefits in terms of restricting the number of movements by certain types of civil subsonic jet aeroplanes; Whereas it is necessary to clarify the scope for exemptions granted on economic grounds; Whereas it should be made clear that a Member State can only establish a time-table for the gradual withdrawal of non-compliant aeroplanes in respect of aeroplanes which are on the register of that Member State; Whereas it is essential that the Annex be kept up to date and amended in a timely manner; whereas therefore amendments shall be drawn up by the Commission assisted by a committee of an advisory nature; Whereas it is important to ensure that infringements of Community law are penalized under conditions which make the penalty effective, proportionate and dissuasive; Whereas under the 1994 Act of Accession Austria shall comply with the provisions of Directive 92/14/EEC as from 1 April 2002; HAS ADOPTED THIS DIRECTIVE : ARTICLE 1 Amendments Directive 92/14/EEC is hereby amended as follows 1. To Article 1 the following new paragraph (3) is added "3. For the purposes of this Directive : 'Air carrier' means an air transport undertaking with a valid operating licence. 'Operating licence' means an authorization granted to an undertaking permitting it to carry out carriage by air of passengers, mail and/or cargo for remuneration and/or hire. 'Community air carrier' means an 'air carrier with a valid operating licence granted by a Member State in accordance with Council Regulation (EEC) n' 2407/92 on licensing of air carriers'. 'Total civil subsonic iet fleet' means the total aircraft fleet of civil subsonic jet aeroplanes at the disposal of the air carrier, through ownership or lease agreement of not less than one year. 2. To Article 2 a new paragraph (3) is added "3. Before the date referred to in paragraph 2, Member States may limit or exclude the operation of civil subsonic jet aeroplanes which do not comply with the provisions of paragraph 1(a) at one or more of the airports which are grouped together as an airport system, as defined in Article 2(m) and Annex II of Council Regulation (EEC) N* 2408/92, provided that the measures do not unduly restrict access possibilities for such aeroplanes to the airport system as a whole. " 3. In Article 2 the previous paragraph (3) becomes paragraph (4) 4. Article 3(b) is replaced by the following : "(b) these aeroplanes were on the register of the developing nation shown for that aeroplane in the Annex in the reference year and continue to be operated by natural or legal persons established in that nation. " 5. In Articles 4, and 5(c) and (d) 'airline' shall be replaced by 'air carrier'. 6. Article 7 is replaced by the following : "Member States may limit to 10% of the total civil subsonic jet fleet of a Community air carrier the annual rate of deletion from their registers of aeroplanes not complying with the standards of Article 2 paragraph 1(a). " 7. Articles 9(a) and 9(b) which read as follows, are inserted after Article 9. "Article 9(a) Amendments to the Annex to this Directive which may prove to be necessary in order to ensure full conformity with the criteria set out in Article 3 shall be effected according to the procedure defined in Article 9(b) paragraph 2. ' Article 9(b) 1. The Commission shall be assisted by the committee provided for in Council Regulation (EEC) n* 3922/91. 2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time-limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote. The opinion shall be recorded in the minutes; in additidn, each Member State shall have the right to ask to have its position recorded in the minutes. The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account". 8. The Annex to Council Directive 92/14/EEC shall be replaced by the Annex hereto. ARTICLE 2 Member States shall lay down the system of penalties for breaching the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that those penalties are applied. The penalties thus provided for shall be effective, proportionate and dissuasive. Member States shall notify the relevant provisions to the Commission not later than the date specified in Article. (deadline for transposai of the Directive) and shall notify any subsequent changes as soon as possible. ARTICLE 3 Implementation 1. Member States shall bring into force the laws, regulations and administrative provisions They shall immediately inform the necessary to comply with this Directive by. Commission thereof. When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States. 2. In conformity with Article 168 of the 1994 Act of Accession and Annex XIX (III) thereto, Austria shall put into effect the measures necessary to comply with this Directive by 1 April 2002. ARTICLE 4 Entry into force This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities. ARTICLE 5 Addressees This Directive is addressed to the Member States. Done at Brussels, For the Council The President « "ANNEX List of aeroplanes exempted in accordance with Article 3 Note : Exemptions to aeroplanes in this Annex are granted within the general framework of the United Nations policies and decisions (e. g. sanctions, embargo, etc. ) Algeria Serial Nb. Type Registration Operator 20955 21053 21210 21284 20884 21063 21064 21065 21211 20650 21285 B727-2D6 B727-2D6 B727-2D6 B727-2D6 B737-2D6 B737-2D6 B737-2D6 B737-2D6 B737-2D6 B737-2D6 B737-2D6 7T-VEH 7T-VEI 7T-VEM 7T-VEP 7T-VEG 7T-VEJ 7T-VEK 7T-VEL 7T-VEN 7T-VED 7T-VEQ Dominican Republic Air Algérie Air Algérie Air Algérie Air Algérie Air Algérie Air Algérie Air Algérie Air Algérie Air Algérie Air Algérie Air Algérie Serial Nb. Type Registration Operator 19767 B707-399C HI-442CT Dominicana de Aviacion Egypt Serial Nb. Type Registration Operator B707-328C B707. 336C B737-266 B737-266 B737-266 SU-DAA SU-PBA SU-AYK SU-AYL SU-AYO ZAS Airline Air Memphis Egypt Air Egypt Air Egypt Air 19916 19843 21194 21195 21227 Iraq Serial Nb. Type Registration Operator 20889 20892 20893 B707-370C B737-270C B737-270C YI-AGE YI-AGH YI-AGI Iraqi Airways Iraqi Airways Iraqi Airways Lebanon Serial Nb. Type Registration Operator B707- B707- B707- B707- B707- B707- B707- B707- B707- B707- B707- B707- B707- B707- 3B4C 3B4C 347C 347C 323C 323C 323B 323C 327C 327C 323C 331C 321C 321C OD-AFD OD-AFE OD-AGU OD-AGV OD-AHC OD-AHD OD-AHF OD-AHE OD-AGX OD-AGY OD-AGD OD-AGS OD-AGO OD-AGP MEA MEA MEA MEA MEA MEA MEA MEA TMA TMA TMA TMA TMA TMA 20259 20260 19966 19967 19589 19515 20170 19516 19104 19105 18939 19214 19269 19274 Liberia Serial Nb. Type Registration Operator DC8F-55 DC8F-55 EL-AJO EL-AJQ Liberia World Airlines Liberia World Airlines 45683 45686 Libya Serial Nb. Type Registration Operator B727-224 B727-2L5 B727-2L5 B727-2L5 B727-2L5 5A-DAI 5A-DIB 5A-DIC 5A-DID 5A-DIE Libyan Arab Libyan Arab Libyan Arab Libyan Arab Libyan Arab Airlines Airlines Airlines Airlines Airlines 20245 21051 21052 21229 21230 Mauritania Serial Nb. Type Registration Operator 11093 F28-4000 5T-CLG Air Mauritanie Morocco Serial Nb. Type Registration Operator 20471 21214 21215 21216 B727-2B6 B737-2B6 B737-2B6 B737-2B6 CN-CCG CN-RMI CN-RMJ CN-RMK Royal Air Maroc Royal Air Maroc Royal Air Maroc Royal Air Maroc 4o Nigeria Serial Nb. Type Registration Operator 18809 19664 B707-338C B707-355C 5N-ARQ 5N-AOQ DAS Air Cargo Okada Air Saudi Arabia Serial Nb. Type Registration Operator B737-268C B737-268C B737-268 B737-268 B737-268 B737-268 B737-268 HZ-AGA HZ-AGB HZ-AGC HZ-AGD HZ-AGE HZ-AGF HZ-AGG Saudia Saudia Saudia Saudia Saudia Saudia Saudia 20574 20575 20576 20577 20578 20882 20883 Swaziland Serial Nb. Type Registration Operator DC8F-54 DC8F-54 3D-AFR 3D-ADV African International Airways African International Airways 45802 46012 Tunisia Serial Nb. Type Registration Operator B727-2H3 B727-2H3 B727-2H3 B727-2H3 TS-JHN TS-JHQ TS-JHR TS-JHT Tunis Air Tunis Air Tunis Air Tunis Air 20545 20948 21179 21235 Uganda Serial Nb. Type Registration Operator 19821 B707-379C 5X-JEF Dairo Air Services Uruguay Serial Nb. Type Registration Operator 19239 B707-387B CX-BNU PLUNA 11 Zaïre Serial Nb. Type Registration Operator 20200 B707-329C 9Q-CBW Scibe Airlift Zimbabwe Serial Nb. Type Registration Operator 18930 45821 B707-330B DC8F-55 Z-WKU Z-WMJ Air Zimbabwe Affretair 1JL IMPACT ASSESSMENT IMPACT OF THE PROPOSAL ON BUSINESSES with special reference to small and medium-sized enterprises Title of the proposal : Council Directive amending Directive 92/14 on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988). Document reference number : The proposal The impact on business 1. Who will be affected by the Proposal ? Which sectors of business ? Air Carriers Which sizes of business (what is the concentration of small and medium-sized firms) ? The European market structure is essentially centred on large companies which represent 65. 4 % of the market. Charter companies represent 26. 7 % of the European aviation market. Small and medium sized enterprises represent only 0. 5 % of the market, with regional air carriers sharing 0. 4 % of the overall market and general aviation carriers - namely taxi operators and corporate operators - representing 0. 1% on the whole(5>. Are these companies located in specific geographical areas of the Community ? No. 2. What will business have to do to comply with the Proposal ? Council Directive 92/14 already requires the air carriers to phase-out gradually between 1 April 1995 and 1 April 2002 all their non compliant aeroplanes (the so-called Chapter 2 aeroplanes). <5) "The competitiveness of the European Community's air transport industry" Study by AVM ARK Inc, prepared for the Commission, 28 February 1992. <v> 3. What economic effects is the proposal likely to have ? On employment : None On investment and the creation of new business : Some, since it might require air carriers to renew their fleet earlier than they would otherwise do. On the competitive position of business : Air carriers with a relatively larger part of non-compliant aircraft could be more affected than those with a less-noisy fleet. 4. Does the Proposal contain any measures intended to take account of the specific situation of small and medium-sized businesses ? Under its amended Article 7 it gives Member States the possibility to alleviate the effort for the air carriers, by allowing them to withdraw yearly not more than 10 % of their fleet. This provision has a larger relative impact on small and medium-sized businesses than on large businesses. Consultation 5. List of the organisations which have been consulted about the Proposal and outline their main views. Member State Government experts have expressed wide agreement on the need to update urgently the list of exempted aircraft form developing nations as well as to provide clarification on certain provisions of Council Directive 92/14. The Joint Working Group composed of representatives of the European Commission and the European Civil Aviation Conference (ECAC) has already formally adopted an updated list of exempted aircraft from developing nations. * ISSN 0254-1475 COM(96) 413 final DOCUMENTS EN of Catalogue number : CB-CO-96-401-EN-C ISBN 92-78-07721-6 Office for Official Publications of the European Communities L-2985 Luxembourg th