Amended proposal for a Council Regulation (EC) on the registration and use 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)
C 329/10 EN Official Journal of the European Communities 27. 10. 98 II (Preparatory Acts) COMMISSION Amended proposal for a Council Regulation (EC) on the registration and use within the Community of certain types of civil subsonic jet aeroplanes which have been modified and recerÜ tified 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)Ø(˛) (98/C 329/07) (Text with EEA relevance) COM(1998) 549 final - 98/0070(SYN) (Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 1 October 1998) (˛) OJ C 118, 17. 4. 1998, p. 20. ORIGINAL TEXT AMENDED TEXT Proposal for a Council Directive on the registration and use within the Community of certain types of civil subsonic jet aeroplanes which have been modified and recertified as meeting the standards of Volume I, Part II, Chaper 3 of Annex 16 to the Convention on InterÜ national Civil Aviation, third edition (July 1993) Amended proposal for a Council Regulation (EC) on the registration and use within the Community of certain types of civil subsonic jet aeroplanes which have been modified and recertified 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) Second recital Whereas the Commission Communication on the future development of the common transport policy: a global the construction of a Community framework framework for sustainable mobility explicitly refers to the introduction of a non addition rule for the noisiest aeroÜ planes; to Whereas the Communication on the future development of the common transport policy: a global framework to for the construction of a Community sustainable mobility explicitly refers to the introduction of a non addition rule for the noisiest aeroplanes; framework Whereas forecast growth in the air transport sector and the associated increase in noise pollution around airports indicate the need for the Commission, bearing in mind ICAOÜactivities further measures concerning new and more stringent noise emission standards for civil subsonic jet aeroplanes; whereas this also seems necessary if competition is not to be distorted; regard, submit this to in 27. 10. 98 EN Official Journal of the European Communities C 329/11 ORIGINAL TEXT AMENDED TEXT Sixth recital Whereas a rule which prohibits the addition of those older modified types of aeroplanes to Member States’ registers as from 1 April 1999 can be considered as a protective measure aimed at preventing a further deterioÜ ration of the noise situation around Community airports as well as improving the situation regarding fuel burn and gaseous emissions; Whereas a rule which prohibits the addition of those older modified types of aeroplanes to Member States’ registers as from 1 April 1999 can be considered as a protective measure aimed at preventing a further deterioÜ ration of the noise situation around Community airports as well as improving the situation regarding fuel burn and gaseous emissions; Whereas the danger of a substantial increase in the number of registered "hushkitted’ Chapter 2 aeroplanes by 1 April 1999 indicates the need for the Commission to observe this trend closely; Eighth recital Whereas in view of existing Community legislation on aeroplane noise, the present initiative needs to be taken at Community level by binding Community rules and, thus, is compatible with the subsidiarity principle by leaving to each Member State the right to decide the best implementation tools that fit its internal system; Whereas in view of existing Community legislation on aeroplane noise, the present initiative needs to be taken at Community level by binding Community rules; Whereas a non addition rule combines technical feasiÜ bility with environmental benefits without imposing an undue economic burden; Whereas a non addition rule combines technical feasiÜ bility with environmental benefits without imposing an undue economic burden; Ninth recital Whereas, if excessive noise pollution is to be avoided, it seems necessary to prohibit the abuse of the exemptions granted under Article 4(1), HAS ADOPTED THIS DIRECTIVE: HAS ADOPTED THIS REGULATION: Article 1 The objective of this Directive is to lay down rules to prevent future deterioration in the overall noise impact in the Community of recertified civil subsonic jet aeroÜ planes while at the same time limiting other environÜ mental damage. The objective of this Regulation is to lay down rules to prevent future deterioration in the overall noise impact in the Community of recertified civil subsonic jet aeroÜ planes while at the same time limiting other environÜ mental damage. C 329/12 EN Official Journal of the European Communities 27. 10. 98 ORIGINAL TEXT AMENDED TEXT Article 2, introductory sentence For the purposes of this Directive, the following defiÜ nitions shall apply: For the purposes of this Regulation, the following defiÜ nitions shall apply: Article 4, add a paragraph 3 1. ÚMember States may grant temporary exemptions from the provisions of Article 3 for civil subsonic jet aeroplanes whose operations are of such an exceptional nature that it would be unreasonable to withhold a temporary exemption, such as for emergencies or for humanitarian aid. Unchanged 2. ÚMember States may grant exemptions from the provisions of Article 3 for civil subsonic jet aeroplanes which are exclusively operated outside the territory of the Community and for those operated in the overseas departments of France. 3. ÚMember States shall inform the Commission of the exemptions granted under this Article. Article 5 Member States shall lay down the system of penalties infringement of the national provisions applicable to adopted pursuant to this Directive and shall take all the measures necessary to ensure that those penalties are applied. The penalties shall be effective, proportionate and dissuasive. Member States shall notify the relevant provisions to the Commission not later than the date specified in Article 6(1), first subparagraph and shall notify any subsequent changes as soon as possible. thus provided for Member States shall lay down the system of penalties applicable to infringement of the provisions of this ReguÜ lation and shall take all the measures necessary to ensure that those penalties are applied. The penalties thus shall be effective, proportionate and provided the relevant dissuasive. Member States shall notify provisions to the Commission not later than the date specified in Article 7 and shall notify any subsequent changes as soon as possible. for Article 6 laws, 1. Ú Member States shall bring regulations and administrative provisions necessary to comply with this Directive by [. Ø. Ø. ü. They shall forthwith inform the Commission thereof. into force the Delete 27. 10. 98 EN Official Journal of the European Communities C 329/13 ORIGINAL TEXT AMENDED TEXT When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accomÜ panied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States. the shall 2. Ú Member Commission the texts of the provisions of domestic law which they adopt in the field governed by this Directive. communicate States to This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities. This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities. Article 7 This Directive is addressed to the Member States. Delete Article 8 Add final formula This Regulation shall be binding directly applicable in all Member States. in its entirety and Amended proposal for a Council Regulation (EC) on coordinating aid to the applicant countries in the framework of the pre accession strategy (98/C 329/08) COM(1998) 551 final - 98/0094(CNS) (Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 30 September 1998) THE COUNCIL OF THE EUROPEAN UNION, in addition to the PHARE programme, aid to agriculture and for structural measures; Having regard to the Treaty establishing the European Community and in particular Article 235 thereof, Having regard to the proposal from the Commission, Having Parliament, regard to the opinion of the European Whereas the Luxembourg European Council advocated a substantial increase in pre accession aid so as to include, Whereas Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant countries in the framework of the pre accession strategy provides for the creation of Accession Partnerships which provide a single framework for programming the priorities and financial resources of pre accession aid; Whereas Regulation (EC) No. Ø. Ø. set up an agricultural in areas such as instrument for application mainly structure of agricultural holdings, modernising improving structures, distribution and developing inspection activities and rural development; processing the