EUR-Lex Access to European Union law

Back to EUR-Lex homepage

This document is an excerpt from the EUR-Lex website

Document 31998L0020

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)

OJ L 107, 7.4.1998, p. 4–9 (ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)
Special edition in Czech: Chapter 07 Volume 004 P. 32 - 37
Special edition in Estonian: Chapter 07 Volume 004 P. 32 - 37
Special edition in Latvian: Chapter 07 Volume 004 P. 32 - 37
Special edition in Lithuanian: Chapter 07 Volume 004 P. 32 - 37
Special edition in Hungarian Chapter 07 Volume 004 P. 32 - 37
Special edition in Maltese: Chapter 07 Volume 004 P. 32 - 37
Special edition in Polish: Chapter 07 Volume 004 P. 32 - 37
Special edition in Slovak: Chapter 07 Volume 004 P. 32 - 37
Special edition in Slovene: Chapter 07 Volume 004 P. 32 - 37
Special edition in Bulgarian: Chapter 07 Volume 006 P. 29 - 34
Special edition in Romanian: Chapter 07 Volume 006 P. 29 - 34

No longer in force, Date of end of validity: 15/01/2007; Implicitly repealed by 32006L0093 . Latest consolidated version: 27/04/1998

ELI: http://data.europa.eu/eli/dir/1998/20/oj

7.4.1998   

EN

Official Journal of the European Union

L 107/4


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),

Having regard to the opinion of the Economic and Social Committee (2),

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 individual Member State of the possibility of having recourse to the relevant provisions of Council Regulation (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 location of the airports of Berlin Tegel and Berlin Tempelhof close to the city centre, it is justified 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 intention of the exemption for aeroplanes on the registers of developing nations; whereas the relevant provisions of the said Directive should therefore be clarified to that effect;

(6)

Whereas an exemption granted for an aeroplane from a developing nation should benefit only that nation;

(7)

Whereas it is necessary to clarify the scope for exemptions granted on economic grounds;

(8)

Whereas it should be made clear that a Member State can only establish a timetable for the gradual withdrawal 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, therefore, amendments should be drawn up by the Commission assisted by a committee of a regulatory nature;

(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 manufacturers' serial number for the individual aeroplane;

(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 accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers (6)

 

“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.

(6)  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 developing 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 subparagraph 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 paragraph 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 operating 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

1.   The Commission shall be assisted by the committee provided for in Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (7), which shall act in accordance with the procedure outlined in paragraph 2.

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. 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 envisaged if they are in accordance with the opinion of the committee.

(b)

If the measures envisaged are not in accordance with the opinion of the committee, or 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.

If the Council has not acted within three months of the date of the referral to it, the Commission shall adopt the measures proposed.’

(7)  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.

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 dissuasive. 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

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 March 1999. They shall immediately inform the Commission thereof.

When Member States adopt these measures, 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 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 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.

For the Council

The President

LORD SIMON of HIGHBURY


(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 Decision 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.


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

Operator

20955

B727-2D6

7T-VEH

Air Algérie

21053

B727-2D6

7T-VEI

Air Algérie

21210

B727-2D6

7T-VEM

Air Algérie

21284

B727-2D6

7T-VEP

Air Algérie

20884

B737-2D6

7T-VEG

Air Algérie

21063

B737-2D6

7T-VEJ

Air Algérie

21064

B737-2D6

7T-VEK

Air Algérie

21065

B737-2D6

7T-VEL

Air Algérie

21211

B737-2D6

7T-VEN

Air Algérie

20650

B737-2D6

7T-VED

Air Algérie

21285

B737-2D6

7T-VEQ

Air Algérie

CONGO, DEMOCRATIC REPUBLIC OF

Serial Number

Type

Registration

Operator

20200

B707-329C

9Q-CBW

Scibe Airlift

DOMINICAN REPUBLIC

Serial Number

Type

Registration

Operator

19767

B707-399C

HI-442CT

Dominicana de Aviación

EGYPT

Serial Number

Type

Registration

Operator

19843

B707-336C

SU-PBA

Air Memphis

19916

B707-328C

SU-PBB

Air Memphis

21194

B737-266

SU-AYK

Egypt Air

21195

B737-266

SU-AYL

Egypt Air

21227

B737-266

SU-AYO

Egypt Air

IRAQ

Serial Number

Type

Registration

Operator

20889

B707-370C

YI-AGE

Iraqi Airways

20892

B737-270C

YI-AGH

Iraqi Airways

20893

B737-270C

YI-AGI

Iraqi Airways

LEBANON

Serial Number

Type

Registration

Operator

20259

B707-3B4C

OD-AFD

MEA

20260

B707-3B4C

OD-AFE

MEA

19967

B707-347C

OD-AGV

MEA

19589

B707-323C

OD-AHC

MEA

19515

B707-323C

OD-AHD

MEA

20170

B707-323B

OD-AHF

MEA

19516

B707-323C

OD-AHE

MEA

19104

B707-327C

OD-AGX

TMA

19105

B707-327C

OD-AGY

TMA

18939

B707-323C

OD-AGD

TMA

19214

B707-331C

OD-AGS

TMA

19269

B707-321C

OD-AGO

TMA

19274

B707-321C

OD-AGP

TMA

LIBERIA

Serial Number

Type

Registration

Operator

45683

DC8F-55

EL-AJO

Liberia World Airlines

45686

DC8F-55

EL-AJQ

Liberia World Airlines

LIBYA

Serial Number

Type

Registration

Operator

20245

B727-224

5A-DAI

Libyan Arab Airlines

21051

B727-2L5

5A-DIB

Libyan Arab Airlines

21052

B727-2L5

5A-DIC

Libyan Arab Airlines

21229

B727-2L5

5A-DID

Libyan Arab Airlines

21230

B727-2L5

5A-DIE

Libyan Arab Airlines

MAURITANIA

Serial Number

Type

Registration

Operator

11093

F28-4000

5T-CLG

Air Mauritanie

MOROCCO

Serial Number

Type

Registration

Operator

20471

B727-2B6

CN-CCG

Royal Air Maroc

21214

B737-2B6

CN-RMI

Royal Air Maroc

21215

B737-2B6

CN-RMJ

Royal Air Maroc

21216

B737-2B6

CN-RMK

Royal Air Maroc

NIGERIA

Serial Number

Type

Registration

Operator

18809

B707-338C

5N-ARQ

DAS Air Cargo

19664

B707-355C

5N-VRG

Air Tours

PAKISTAN

Serial Number

Type

Registration

Operator

20488

B707-340C

AP-AXG

PIA

SAUDI ARABIA

Serial Number

Type

Registration

Operator

20574

B737-268C

HZ-AGA

Saudia

20575

B737-268C

HZ-AGB

Saudia

20576

B737-268

HZ-AGC

Saudia

20577

B737-268

HZ-AGD

Saudia

20578

B737-268

HZ-AGE

Saudia

20882

B737-268

HZ-AGF

Saudia

20883

B737-268

HZ-AGG

Saudia

SWAZILAND

Serial Number

Type

Registration

Operator

45802

DC8F-54

3D-AFR

African International Airways

46012

DC8F-54

3D-ADV

African International Airways

TUNISIA

Serial Number

Type

Registration

Operator

20545

B727-2H3

TS-JHN

Tunis Air

20948

B727-2H3

TS-JHQ

Tunis Air

21179

B727-2H3

TS-JHR

Tunis Air

21235

B727-2H3

TS-JHT

Tunis Air

UGANDA

Serial Number

Type

Registration

Operator

19821

B707-379C

5X-JEF

Dairo Air Services

ZIMBABWE

Serial Number

Type

Registration

Operator

18930

B707-330B

Z-WKU

Air Zimbabwe

45821

DC8F-55

Z-WMJ

Affretair’


Top