Subsonic Jet Aeroplanes Regulations - 89/629/EEC
COUNCIL DIRECTIVE
of 4 December 1989 on the limitation of noise emission from civil
subsonic jet aeroplanes
(89/629/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 84 (2) thereof,
Having regard to the proposal of the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee
(3),
Whereas the application of noise emission standards to civil subsonic
jet aeroplanes has significant consequences for the provision of air
transport services, in particular where such standards impose restrictions
on the type of aeroplanes that may be operated by airlines, encourage
investment in the latest and quietest aeroplanes available and facilitate
the better use of existing capacity, including that of airports; whereas
Directive 80/51/EEC (4), as amended by Directive 83/206/EEC (5), fixes
limits on the emission of such noise;
Whereas the priority programme of the Council for the study of air
transport questions refers to emission from aeroplanes including noise;
Whereas the programme of action of the European Communities on the
environment (6) shows clearly the importance of the problem of noise and,
in particular, the need to take action against noise due to air traffic;
Whereas aeroplane noise should be further reduced, taking into
account environmental factors, technical feasibility and economic
consequences;
Whereas, therefore, it is appropriate to restrict the addition of
civil subsonic jet aeroplanes to Member States' registers to those which
comply with the standards specified in Part II, Chapter 3, Volume 1 of
Annex 16 to the Convention on International Civil Aviation, 2nd edition,
1988; whereas in conjunction with the creation of an area without internal
frontiers, it would be reasonable to exclude from this non-addition rule
aeroplanes entered in Member States' national registers on 1 November
1990; whereas, due to the freedom of movement such a rule would allow, it
is essential that exemptions be limited and that those granted be closely
monitored and restricted in time;
Whereas common rules for this purpose should be introduced on a
reasonable time-scale to ensure a harmonized approach throughout the
Community supplementing existing rules; whereas this is particularly
important in view of the recent impetus given to liberalization of
European air traffic;
Whereas the work undertaken by the Community in cooperation with
other international bodies has indicated that limiting the addition to
Member States' registers of aeroplanes which are unable to meet the noise
certification standards specified in Chapter 3 of the abovementioned Annex
16, would in itself be of limited environ mental benefit, and should
therefore be considered only as a first stage, to be followed by measures
to limit the operation of aeroplanes which do not comply with the
standards of Chapter 3 of the said Annex 16,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. The objective of this Directive is to lay down stricter rules for
the limitation of noise emission from civil subsonic jet aeroplanes.
2. This Directive shall not apply to aeroplanes with a maximum
take-off mass of 34 000 kg or less and a capacity of 19 or less seats.
Article 2
1. Member States shall ensure that as from 1 November 1990 civil
subsonic jet aeroplanes registered after that date in their territory, may
not be operated in their territory or in the territory of another Member
State unless granted a noise certificate to the standards at least equal
to those specified in Part II, Chapter 3, Volume 1 of Annex 16 to the
Convention on International Civil Aviation, 2nd edition 1988.
2. Paragraph 1 shall not apply to aeroplanes entered on Member
States' national registers on 1 November 1990.
3. The territory mentioned in paragraph 1 shall not include the
overseas departments referred to in Article 227 (2) of the Treaty.
Article 3
Member States shall take the necessary measures to ensure that the
objective set out in Article 1 (1) is not circumvented by, for example,
any form of leasing agreement.
Article 4 Member States may grant exemptions from Article 2 for:
(a) aeroplanes of historic interest;
(b) aeroplanes used by an operator of a Member State before 1
November 1989 under hire purchase or leasing contracts still in effect,
and which in this context have been registered in a non-Member State;
(c) aeroplanes leased to an operator of a non-Member State which for
that reason have been temporarily removed from a Member State's register;
(d) an aeroplane which replaces one which has been accidentally
destroyed and which the operator is unable to replace by a comparable
aeroplane available on the market with noise certification as laid down in
Article 2 (1), provided that the registration of the replacement aeroplane
is carried out within the year following the destruction in question;
(e) aeroplanes powered by engines with a by-pass ratio of 2 or more.
Article 5 Member States may grant exemptions from Article 2 for an
initial period of up to three years renewable for periods of up to two
years, providing that such exemptions expire by 31 December 1995 for:
- aeroplanes which are leased from a non-Member State on a short-term
basis, provided that the operator demonstrates that this is the normal
practice in his sector of the industry and that the pursuit of his
operations would otherwise be adversely affected,
- aeroplanes in respect of which an operator demonstrates that the
pursuit of his operations would otherwise be adversely affected to an
unreasonable extent.
Article 6
1. A Member State granting exemptions shall inform the competent
authorities of the Member States and the Commission of the fact.
2. Member States shall recognize the exemptions granted by other
Member States pursuant to Articles 4 and 5.
Article 7
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive before
30 September 1990.
2. Member States shall communicate to the Commission the text of the
provisions which they adopt in the field covered by this Directive.
Article 8
This Directive is addressed to the Member States.
Done at Brussels, 4 December 1989.
For the Council
The President
M. DELEBARRE
(1) OJ No C 37, 14. 2. 1989, p. 6.
(2) OJ No C 158, 26. 6. 1989, p. 492.
(3) OJ No C 221, 28. 8. 1989, p. 1.
(4) OJ No L 18, 24. 1. 1980, p. 26.
(5) OJ No L 117, 4. 5. 1983, p. 15.
(6) OJ No C 328, 7. 12. 1987, p. 1.
Communication from the Government of the Federal Republic of Germany
The Council has received the following communication from the
Government of the Federal Republic of Germany: When depositing its
instruments of ratification of the Treaties establishing the European
Communities, the Government of the Federal Republic of Germany declared
that these Treaties applied equally to Land Berlin. It declared at the
same time that the rights and responsibilities of France, the United
Kingdom and the United States in respect of Berlin were unaffected. In
view of the fact that civil aviation is one of the areas in which the said
States have specifically reserved powers for themselves in Berlin, and
following consultations with the Governments of these States, the
Government of the Federal Republic of Germany states that Council
Directive 89/629/EEC on the limitation of noise emission from civil
subsonic jet aeroplanes does not cover Land Berlin.