Operating restrictions at Community airports - 2002/30/EC
EN Official Journal of the European Communities 28.3.2002 L 85/40
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 (1),
Having regard to the opinion of the Economic and Social Committee
(2),
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 (4),
Whereas:
(1) A key objective of the common transport policy is sustainable
development. This requires an integrated approach aimed at ensuring both
the effective functioning 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 certification 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 II, Chapter 2, Volume 1 of Annex 16 to the
Convention on International Civil Aviation, second edition (1988) (5) will
be completed on 1 April 2002 and new measures 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 infrastructure 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 restrictions at airports
with broadly comparable noise problems. 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 (6) provides in
Articles 8 and 9 for, inter alia, publication and examination of new
operating 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
international 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 restrictions, without
prejudice to relevant legal obligations, existing agreements, current laws
and established policies.
(1) OJ C 75 E, 26.3.2002, p. 318.
(2) Opinion delivered on 20 March 2002 (not yet published in the
Official Journal).
(3) Opinion delivered on 14 March 2002 (not yet published in the
Official Journal).
(4) Opinion of the European Parliament of 13 March 2002 (not yet
published in the Official Journal). Council Decision of 26 March 2002.
(5) OJ L 76, 23.3.1992, p. 21. Directive as last amended by
Commission Regulation (EC) No 991/2001 (OJ L 138, 22.5.2001, p. 12). (6)
OJ L 240, 24.8.1992, p. 8. EN Official Journal of the European Communities
28.3.2002 L 85/41
(11) The balanced approach is an important step towards achieving
noise-reduction. But if effective and sustainable noise-reduction is to be
achieved, more stringent technical standards, such as more stringent noise
standards for aircraft combined with action to take noisy aircraft out of
service, will also be necessary.
(12) A Directive of the European Parliament and of the Council on the
assessment and management of environmental noise (1) which is a horizontal
measure covering all modes of transport has introduced a common approach
for the assessment and management of environmental noise. It aims at
monitoring the environmental problem caused by noise in major
agglomerations and in the vicinity of main transport infrastructures,
including airports, at making information on environmental noise and its
effects available to the public, and at requesting competent authorities
to draw up action plans with a view to preventing and reducing
environmental noise where necessary and to preserving environmental noise
quality where it is good.
(13) Council Directive 85/337/EEC of 27 June 1985 on the assessment
of the effects of certain public and private projects on the environment
(2) already provides for a comprehensive assessment of airport projects
including noise mitigation. This can be considered as meeting, in part,
the assessment requirements of this Directive in the case of airport
infrastructure extension projects.
(14) Such an assessment may demonstrate that the objectives can only
be achieved by a restriction on new services and the gradual withdrawal of
aeroplanes that meet the Chapter 3 noise certification standard by a small
margin.
(15) The particular noise problems of airports which are located in
the centre of large conurbations ('city airports') should be recognised by
allowing for the introduction of more stringent rules.
(16) It is necessary to finalise the indicative list of city airports
on the basis of information to be provided by Member States.
(17) The extension of airport infrastructure should be facilitated
with a view to safeguarding the sustainable development of air transport
activities.
(18) It is necessary to allow for the continuation of existing
airport-specific noise management measures and for certain technical
changes to operating restrictions of a partial nature.
(19) Undue economic hardship for operators from developing countries
should be avoided by allowing for the granting of exemptions where
appropriate, and such provision should include safeguards to avoid abuse.
(20) It is necessary to ensure transparency and consultation of all
interested parties regarding proposals for noiserelated measures,
including the introduction of new operating restrictions.
(21) Operators should be given a reasonable period of advance notice
when new operating restrictions are to be introduced.
(22) Provisions should be adopted to ensure the right of appeal
against the introduction of operating restrictions to an appeal body,
which may be a court.
(23) The Directive is in accordance with the principles of
subsidiarity and proportionality as set out in Article 5 of the Treaty.
The introduction of operating restrictions at Community airports can
contribute to the objective of preventing a worsening of the noise climate
around airports, but there is a possibility of introducing distortions of
competition. The objective can therefore be more effectively achieved by
the Community by means of harmonised rules on the introduction of
operating restrictions as part of the noise management process. The
Directive confines itself to the minimum required in order to achieve this
objective and does not go beyond what is necessary for that purpose.
(24) The measures necessary for the implementation of this Directive
should be adopted in accordance with Council Decision 1999/468/EC of 28
June 1999 laying down the procedures for the exercise of implementing
powers conferred on the Commission (3).
(25) The measures provided for by this Directive supersede those
provided by Council Regulation (EC) No 925/ 1999 of 29 April 1999 on the
registration and operation within the Community of certain types of civil
subsonic jet aeroplanes which have been modified and recertificated as
meeting the standards of volume 1, Part II, Chapter 3 of Annex 16 to the
Convention on International Civil Aviation, third edition (July 1993) (4).
That Regulation should therefore be repealed,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Objectives
The objectives of this Directive are
(a) to lay down rules for the Community to facilitate the
introduction of operating restrictions in a consistent manner at airport
level so as to limit or reduce the number of people significantly affected
by the harmful effects of noise;
(b) to provide a framework which safeguards internal market
requirements;
(1) This Directive is being drawn up and will apply after its
adoption.
(2) OJ L 175, 5.7.1985, p. 40. Directive as amended by Council
Directive 97/11/EC, (OJ L 73, 14.3.1997, p. 5).
(3) OJ L 184, 17.7.1999, p. 23.
(4) OJ L 115, 4.5.1999, p. 1.
EN Official Journal of the European Communities 28.3.2002 L 85/42
(c) to promote development of airport capacity in harmony with the
environment;
(d) to facilitate the achievement of specific noise abatement
objectives at the level of individual airports;
(e) to enable measures to be chosen from those available with the aim
of achieving maximum environmental benefit in the most cost-effective
manner.
Article 2
Definitions
For the purpose of this Directive:
(a) 'Airport' shall mean a civil airport within the Community which
has more than 50 000 movements of civil subsonic jet aeroplanes per
calendar year (a movement being a take-off or landing), taking into
consideration the average of the last three calendar years before the
application of the rules of this Directive to the airport in question;
(b) 'City airport' shall mean an airport in the centre of a large
conurbation, of which no runway has a take-off run available of more than
2 000 metres and which provides only point-to-point services between or
within European states, where a significant number of people are
objectively affected by aircraft noise and where any incremental increase
in aircraft movements represents a particularly high annoyance in the
light of the extreme noise situation. These airports are listed in Annex
I. That Annex may be amended in accordance with the procedure laid down in
Article 13(3);
(c) 'Civil subsonic jet aeroplanes' shall mean aeroplanes with a
maximum certificated take-off mass of 34 000 kg or more, or with a
certified maximum internal accommodation for the aeroplane type in
question consisting of more than 19 passenger seats, excluding any seats
for crew only;
(d) 'Marginally compliant aircraft' shall mean civil subsonic jet
aeroplanes, that meet the certification limits laid down in Volume 1, Part
II, Chapter 3 of Annex 16 to the Convention on International Civil
Aviation by a cumulative margin of not more than 5EPNdB (Effective
Perceived Noise in decibels), whereby the cumulative margin is the figure
expressed in EPNdB obtained by adding the individual margins (i.e. the
differences between the certificated noise level and the maximum permitted
noise level) at each of the three reference noise measurement points as
defined in Volume 1, Part II, Chapter 3 of Annex 16 to the Convention on
International Civil Aviation;
(e) 'Operating restrictions' shall mean noise related action that
limits or reduces access of civil subsonic jet aeroplanes to an airport.
It includes operating restrictions aimed at the withdrawal from operations
of marginally compliant aircraft at specific airports as well as operating
restrictions of a partial nature, affecting the operation of civil
subsonic aeroplanes according to time period;
(f) 'Interested parties' shall mean natural or legal persons affected
or likely to be affected by, or having a legitimate interest in the
introduction of, noise reduction measures, including operating
restrictions;
(g) 'Balanced approach' shall mean an approach under which Member
States shall consider the available measures to address the noise problem
at an airport in their territory, namely the foreseeable effect of a
reduction of aircraft noise at source, land-use planning and management,
noise abatement operational procedures and operating restrictions.
Article 3
Competent authorities
Member States shall ensure that there are competent authorities
responsible for matters falling within the scope of this Directive.
Article 4
General rules on aircraft noise management
1. Member States shall adopt a balanced approach in dealing with
noise problems at airports in their territory. They may also consider
economic incentives as a noise management measure.
2. When considering operating restrictions, the competent authorities
shall take into account the likely costs and benefits of the various
measures available as well as airport-specific characteristics.
3. Measures or a combination of measures taken under this Directive
shall not be more restrictive than necessary in order to achieve the
environmental objective established for a specific airport. They shall be
non-discriminatory on grounds of nationality or identity of air carrier or
aircraft manufacturer.
4. Performance-based operating restrictions shall be based on the
noise performance of the aircraft as determined by the certification
procedure conducted in accordance with Volume 1 of Annex 16 to the
Convention on International Civil Aviation, third edition (July 1993).
Article 5
Rules on assessment
1. When a decision on operating restrictions is being considered, the
information as specified in Annex II shall, as far as appropriate and
possible, for the operating restrictions concerned and for the
characteristics of the airport, be taken into account.
EN Official Journal of the European Communities 28.3.2002 L 85/43
2. Where airport projects are subject to an environmental impact
assessment pursuant to Directive 85/337/EEC, the assessment carried out in
accordance with that Directive shall be considered as meeting the
requirements of paragraph 1, provided that the assessment has taken into
account as far as possible the information as specified in Annex II to
this Directive.
Article 6
Rules on the introduction of operating restrictions aimed at the
withdrawal of marginally compliant aircraft
1. If the assessment of all available measures, including operating
restrictions of a partial nature, carried out in conformity with the
requirements of Article 5 demonstrates that the achievement of the
objectives of this Directive requires the introduction of restrictions
aimed at the withdrawal of marginally compliant aircraft, the following
rules shall apply instead of the procedure laid down in Article 9 of
Regulation (EEC) No 2408/92 at the airport under consideration:
(a) six months after the completion of the assessment and decision on
the introduction of an operating restriction, no services over and above
those operated in the corresponding period of the previous year shall be
allowed with marginally compliant aircraft at that airport;
(b) not less than six months thereafter, each operator may be
required to reduce the number of movements of his marginally compliant
aircraft serving that airport at an annual rate of not more than 20 % of
the initial total number of these movements.
2. Subject to the rules on assessment of Article 5, city airports
listed in Annex I may introduce measures that are more stringent, in terms
of the definition of marginally compliant aircraft provided that these
measures do not affect civil subsonic jet aeroplanes that comply, through
either original certification or recertification, with the noise standards
in Volume 1, Part II, Chapter 4 of Annex 16 to the Convention on
International Civil Aviation.
Article 7
Existing operating restrictions
Article 5 shall not apply to:
(a) operating restrictions that were already established on the date
of entry into force of this Directive;
(b) minor technical changes to operating restrictions of a partial
nature that do not have any significant cost implications for the airline
operators at any given Community airport and that have been introduced
after the entry into force of this Directive.
Article 8
Exemption for aircraft registered in developing countries Marginally
compliant aircraft registered in developing countries shall, for a period
of 10 years after the entry into force of this Directive, be exempted from
the provisions of Article 6, provided that:
(a) such aircraft, granted noise certification to the standards
specified in Volume 1, Part II, Chapter 3 of Annex 16 to the Convention on
International Civil Aviation, were used at the airport concerned in the
Community between 1 January 1996 and 31 December 2001 ('the reference
period'), and
(b) these aircraft were, in the reference period, on the register of
the developing country concerned and that they continue to be operated by
a natural or legal person established in that country.
Article 9
Exemption for aircraft operations of an exceptional nature In
individual cases, Member States may authorise, at airports situated in
their territory, individual operations of marginally compliant aircraft
which could not take place on the basis of the other provisions of this
Directive.
This exemption is limited to:
(a) aircraft whose individual operations are of such an exceptional
nature that it would be unreasonable to withhold a temporary exemption;
(b) aircraft on non-revenue flights for the purpose of alterations,
repair or maintenance.
Article 10
Consultation and transparency
Member States shall ensure that, for the application of Articles 5
and 6, procedures for consultation of interested parties are established
in accordance with applicable national law.
Article 11
Prior notice
1. Member States shall ensure that on the introduction of any new
operating restriction, public notice, including an explanation of the
reasons for introducing it taking into account the appropriate elements of
the balanced approach, is given to all interested parties:
(a) six months before the entry into force of the measures referred
to in Article 6(1)(a);
(b) one year before the entry into force of the measures referred to
in Article 6(1)(b) and (2);
(c) in the case of measures under Article 6, two months before the
scheduling-conference for the relevant schedulingperiod.
2. Member States shall forthwith inform the other Member States and
the Commission of any new operating restriction within the meaning of this
Directive that they have decided to introduce at an airport in their
territory.
EN Official Journal of the European Communities 28.3.2002 L 85/44
Article 12
Right of appeal
Member States shall ensure the right to appeal against the measures
taken pursuant to Article 6 and Article 7(b) before an appeal body other
than the authority that has adopted the contested measure, in accordance
with national legislation and procedures.
Article 13
Committee
1. The Commission shall be assisted by the Committee instituted by
Article 11 of Regulation (EEC) No 2408/92.
2. The Committee may be consulted by the Commission on any matter
concerning the application of this Directive.
3. When reference is made to this paragraph, Articles 5 and 7 of
Decision 1999/468/EC shall apply, having regard to the provisions of
Article 8 thereof.
4. The Committee shall take note of the assessments undertaken by the
Member States in accordance with Article 5, and of the measures taken, or
intended to be taken, on the basis of these assessments.
Article 14
Information and revision
Member States shall upon request submit information on the
application of this Directive to the Commission.
No later than five years after the entry into force of this Directive
the Commission shall report to the European Parliament and to the Council
on the application of this Directive. The report shall be accompanied,
where necessary, by proposals for revision of the Directive.
It shall contain an assessment of the effectiveness of this
Directive, in particular the need to revise the definition of marginally
compliant aircraft as laid down in Article 2(d) in favour of a more
stringent requirement.
Article 15
Repeal
Regulation (EC) No 925/1999 shall be repealed as from the date of
entry into force of this Directive.
Article 16
Implementation
Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive by 28 September 2003 at the latest. They shall forthwith
inform the Commission thereof.
When Member States adopt these measures, they shall contain a
reference to this Directive or be accompanied by such a reference on the
occasion of their official publication. The methods of making such a
reference shall be laid down by the Member States.
Article 17
Entry into force
This Directive shall enter into force on the day of its publication
in the Official Journal of the European Communities.
Article 18
Addressees
This Directive is addressed to the Member States.
Done at Brussels, 26 March 2002.
For the European Parliament
The President
P. COX
For the Council
The President
F. ÁLVAREZ-CASCOS FERNÁNDEZ
EN Official Journal of the European Communities 28.3.2002 L 85/45
ANNEX I
List of city airports
Berlin-Tempelhof
Stockholm Bromma
London City
Belfast City
EN Official Journal of the European Communities 28.3.2002 L 85/46
ANNEX II
Information referred to in Article 5(1)
1. Current inventory
1.1. A description of the airport including information about its
capacity, location, surroundings, air traffic volume and mix and runway
mix.
1.2. A description of the environmental objectives for the airport
and the national context.
1.3. Details of noise contours for the current and previous years -
including an assessment of the number of people affected by aircraft
noise. Description of the computational method used to develop the
contours.
1.4. A description of measures to reduce aircraft noise already
implemented: for example, information on land-use planning and management;
noise insulation programmes; operating procedures such as PANS-OPS;
operation restrictions such as noise limits, night limits/curfew, noise
charges; preferential runway use, noise preferred routes/ track-keeping,
and noise monitoring.
2. Forecast without new measures
2.1. Descriptions of airport developments (if any) already approved
and in the programme, for example, increased capacity, runway and/or
terminal expansion, and the projected future traffic mix and estimated
growth.
2.2. In case of airport capacity extension, the benefits of making
that additional capacity available.
2.3. A description of effect on noise climate without further
measures, and of those measures already planned to lessen that noise
impact over the same period.
2.4. Forecast noise contours - including an assessment of the number
of people likely to be affected by aircraft noise - distinguish between
established residential areas and newly constructed residential areas.
2.5. Evaluation of the consequences and possible costs of not taking
action to lessen the impact of increased noise - if it is expected to
occur.
3. Assessment of additional measures
3.1. Outline of the additional measures available as part of the
different options mentioned in Article 4(1) and in particular an
indication of the main reasons for their selection. Description of those
measures chosen for further analysis and fuller information on the cost of
introducing these measures; the number of people expected to benefit and
timeframe; and a ranking of the overall effectiveness of particular
measures.
3.2. Assessment of the cost/effectiveness or cost/benefit of the
introduction of specific measures, taking account of the socio-economic
effects of the measures on the users of the airport: operators (passenger
and freight); travellers and local communities.
3.3. An overview of the possible environmental and competitive
effects of the proposed measures on other airports, operators and other
interested parties.
3.4. Reasons for selection of the preferred option.
3.5. A non-technical summary.
4. Relation with the Directive of the European Parliament and of the
Council on the assessment and management of environmental noise
4.1. When and where noise maps or action plans have been prepared
under the terms of the said Directive these will be used for providing the
information required in this Annex.
4.2. The assessment of noise exposure (i.e. establishment of noise
contours and number of people affected) shall be carried out using at
least the common noise indicators Lden and Lnight as specified in the
abovementioned Directive, where available.