Council Directive 98/20/EC of 30 March 1998 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)
L 107/4 ‹ EN ‹ Official Journal of the European Communities 7. 4. 98 COUNCIL DIRECTIVE 98/20/EC of 30 March 1998 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 (1), of developing nations; whereas the relevant provi- sions of the said Directive should therefore be clari- fied to that effect; (6) Whereas an exemption granted for an aeroplane from a developing nation should benefit only that nation; Having regard to the opinion of the Economic and Social Committee (2), (7) Whereas it is necessary to clarify the scope for exemptions granted on economic grounds; Acting in accordance with the procedure laid down in Article 189c of the Treaty (3), (1) Whereas the main purpose of the provisions under Directive 92/14/EEC (4) is to restrict the operation of certain types of civil subsonic jet aeroplanes; (2) Whereas a definition of the key elements of the Directive should prevent any ambiguity as to the objective and the scope of the Directive; (3) Whereas this Directive does not deprive an indi- the possibility of having vidual Member State of recourse to the relevant provisions of Council Regu- lation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes (5) in accordance with their terms; (4) Whereas, due to the exceptional historical situation of the airports serving the Berlin conurbation and the airports of Berlin Tegel and the location of Berlin Tempelhof close to the city centre, it is justi- fied to exempt temporarily these two airports from the application of certain provisions of Directive 92/14/EEC; (5) Whereas it is necessary to respect the initial inten- tion of the exemption for aeroplanes on the registers (1) OJ C 309, 18. 10. 1996, p. 9. (2) OJ C 66, 3. 3. 1997, p. 4. (3) Opinion of the European Parliament of 13 March 1997 (OJ C 115, 14. 4. 1997, p. 24), Council Common Position No 42/97 of 9 October 1997 (OJ C 375, 10. 12. 1997, p. 25) and De- cision of the European Parliament of 13 January 1998 (OJ C 34, 2. 2. 1998). (4) OJ L 76, 23. 3. 1992, p. 21. (5) OJ L 240, 24. 8. 1992, p. 8. Regulation as amended by the 1994 Act of Accession. (8) Whereas it should be made clear that a Member State can only establish a timetable for the gradual with- drawal of non-compliant aeroplanes in respect of aeroplanes which are on the register of that Member State; (9) Whereas some Member States have agreements with third country carriers allowing them an exemption for phasing out Chapter 2 aeroplanes similar to that granted to Community air carriers; whereas it is appropriate that these agreements should not be revoked; (10) Whereas it is essential that the Annex to Directive 92/14/EEC be kept up to date and amended in a timely manner; whereas, amendments should be drawn up by the Commission assisted by a committee of a regulatory nature; therefore, (11) Whereas Article 3 of Directive 92/14/EEC provides for exemptions for aeroplanes on the registers of developing nations and whereas the aeroplanes so exempted were listed in the Annex to that Directive; (12) Whereas it is necessary to amend the Annex to Directive 92/14/EEC so as to add certain aeroplanes which qualify for an exemption and were not included when that Directive was adopted; whereas it is also necessary to delete all mention of certain aeroplanes that have been withdrawn from service, destroyed or otherwise no longer qualify for the exemption; (13) Whereas it is essential to prevent wrong usage of registrations; whereas the Annex to this Directive contains, for each aeroplane, reference to the manu- facturers’ serial number for the individual aeroplane; 7. 4. 98 ‹ EN ‹ Official Journal of the European Communities L 107/5 (14) Whereas it is important to ensure that infringements of Community law are penalised under conditions which make the penalty effective, proportionate and dissuasive; (15) Whereas under the 1994 Act of Accession Austria has to 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. the following paragraph shall be added to Article 1: ‘3. For the purposes of this Directive: “air carrier” means an air transport undertaking with a valid operating licence; “operating licence” means an authorisation 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 (EEC) Council accordance No 2407/92 of 23 July 1992 on licensing of air carriers (*); Regulation with “total civil subsonic jet fleet” means the total aircraft fleet of civil subsonic jet aeroplanes at the disposal of the air carrier, through ownership or any form of lease agreement of not less than one year. (*) OJ L 240, 24. 8. 1992, p. 1. ’; 2. the following paragraph shall be added to Article 2: ‘4. Before the date referred to in paragraph 2, the operation of civil subsonic jet aeroplanes which do not comply with the provision of paragraph 1(a) may be restricted or excluded at the airports of Berlin Tegel and Berlin Tempelhof. ’; 3. Article 3(b) shall be replaced by the following: ‘(b) these aeroplanes were on the register of the devel- oping nation shown for that aeroplane in the Annex in the reference year and continue to be used either directly or under any form of lease agreement by natural or legal persons established in that nation. ’; 4. the following subparagraph shall be added to Article 3: ‘The exemption referred to in the preceding subpara- graph shall not apply where the aeroplane is leased to a natural or legal person established in a country other than the one mentioned for that aeroplane in the Annex. ’; 5. in Article 4, Article 5(c) and (d) and Article 6 ‘airline’ shall be replaced by ‘air carrier’; 6. Article 7 shall be replaced by the following: ‘Article 7 1. Member States may limit deletion from their registers of all mention of aeroplanes which do not comply with the standards of Chapter 3 of Annex 16 to an equivalent annual rate of up to 10 % of the total civil subsonic jet fleet of a Community air carrier. 2. Member States shall not apply the provisions of Article 2(1) in respect of aeroplanes retained on the register of a Member State in accordance with para- graph 1. 3. Where a Member State has applied an equivalent exemption to that described in paragraphs 1 and 2 to aeroplanes on the register of a third country and oper- ating into that Member State before this Directive enters into force, the exemption may continue to be recognised subject to compliance by the air carrier with the conditions. ’; 7. the following Articles shall be inserted: ‘Article 9a Amendments to the Annex which may prove 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 9b(2). Article 9b assisted by The Commission shall be 1. the committee provided for in Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonisa- tion of requirements and administrative procedures in the field of civil aviation (*), which shall act in accordance with the procedure outlined in para- graph 2. technical The representative of 2. 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. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote. 3. (a) The Commission shall adopt the measures en- they are in accordance with the visaged if opinion of the committee. (b) If the measures envisaged are not in accordance with the opinion of if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority. the committee, or L 107/6 ‹ EN ‹ Official Journal of the European Communities 7. 4. 98 If the Council has not acted within three months of the date of the referral to it, the Commission shall adopt the measures proposed. (*) OJ L 373, 31. 12. 1991, p. 4. Regulation as amended by Regulation (EC) No 2176/96 (OJ L 291, 14. 11. 1996, p. 15). ’; 8. the Annex shall be replaced by the Annex hereto. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accom- panied by such reference at the time of their official pub- lication. The procedure for such reference shall be adopted by Member States. 2. In accordance 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 2 System of penalties 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 dis- suasive. Member States shall notify the relevant provisions to the Commission not later than 1 March 1999 and shall notify any subsequent changes as soon as possible. Article 3 Implementation Article 4 Entry into force This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities. Article 5 Addressees This Directive is addressed to the Member States. Done at Brussels, 30 March 1998. 1. Member States shall bring into force the laws, regu- lations and administrative provisions necessary to comply with this Directive by 1 March 1999. They shall immedi- ately inform the Commission thereof. For the Council The President LORD SIMON of HIGHBURY 7. 4. 98 ‹ EN ‹ Official Journal of the European Communities L 107/7 ANNEX ‘ANNEX LIST OF AEROPLANES EXEMPTED IN ACCORDANCE WITH ARTICLE 3 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. ). ALGERIA Serial Number Type Registration 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 Operator Air Algérie Air Algérie Air Algérie Air Algérie Air Algérie Air Algérie Air Algérie Air Algérie Air Algérie Air Algérie Air Algérie CONGO, DEMOCRATIC REPUBLIC OF Serial Number Type Registration 20200 B707-329C 9Q-CBW Operator Scibe Airlift DOMINICAN REPUBLIC Serial Number Type Registration Operator 19767 B707-399C HI-442CT Dominicana de Aviación EGYPT Serial Number Type Registration 19843 19916 21194 21195 21227 IRAQ B707-336C B707-328C B737-266 B737-266 B737-266 SU-PBA SU-PBB SU-AYK SU-AYL SU-AYO Serial Number Type Registration 20889 20892 20893 LEBANON B707-370C B737-270C B737-270C YI-AGE YI-AGH YI-AGI Operator Air Memphis Air Memphis Egypt Air Egypt Air Egypt Air Operator Iraqi Airways Iraqi Airways Iraqi Airways Serial Number Type Registration Operator 20259 20260 19967 19589 19515 20170 19516 19104 19105 18939 19214 19269 19274 B707-3B4C B707-3B4C B707-347C B707-323C B707-323C B707-323B B707-323C B707-327C B707-327C B707-323C B707-331C B707-321C B707-321C OD-AFD OD-AFE 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 TMA TMA TMA TMA TMA TMA L 107/8 ‹ EN ‹ Official Journal of the European Communities 7. 4. 98 LIBERIA Serial Number Type Registration Operator 45683 45686 LIBYA DC8F-55 DC8F-55 EL-AJO EL-AJQ Liberia World Airlines Liberia World Airlines Serial Number Type Registration Operator 20245 21051 21052 21229 21230 MAURITANIA B727-224 B727-2L5 B727-2L5 B727-2L5 B727-2L5 5A-DAI 5A-DIB 5A-DIC 5A-DID 5A-DIE Libyan Arab Airlines Libyan Arab Airlines Libyan Arab Airlines Libyan Arab Airlines Libyan Arab Airlines Serial Number Type Registration Operator 11093 F28-4000 5T-CLG Air Mauritanie MOROCCO Serial Number Type Registration Operator 20471 21214 21215 21216 NIGERIA 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 Serial Number Type Registration Operator 18809 19664 B707-338C B707-355C 5N-ARQ 5N-VRG DAS Air Cargo Air Tours PAKISTAN Serial Number Type Registration 20488 B707-340C AP-AXG Operator PIA SAUDI ARABIA Serial Number Type Registration Operator 20574 20575 20576 20577 20578 20882 20883 SWAZILAND 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 Serial Number Type Registration Operator 45802 46012 TUNISIA DC8F-54 DC8F-54 3D-AFR 3D-ADV African International Airways African International Airways Serial Number Type Registration 20545 20948 21179 21235 B727-2H3 B727-2H3 B727-2H3 B727-2H3 TS-JHN TS-JHQ TS-JHR TS-JHT Operator Tunis Air Tunis Air Tunis Air Tunis Air 7. 4. 98 ‹ EN ‹ Official Journal of the European Communities L 107/9 UGANDA Serial Number Type Registration Operator 19821 B707-379C 5X-JEF Dairo Air Services ZIMBABWE Serial Number Type Registration Operator 18930 45821 B707-330B DC8F-55 Z-WKU Z-WMJ Air Zimbabwe Affretair’