91998E3444

WRITTEN QUESTION E-3444/98

by Amedeo Amadeo (NI) to the Commission

(24 November 1998)

Subject: Emissions of nitrogen oxides from aircraft

With reference to the proposal for a Council directive on the limitation of the emission of oxides of nitrogen from civil subsonic jet aeroplanes (COM(97) 629 final - 97/0349 SYN)(1), the legal basis of which is Article 84, could the Commission include a reference to Article 130s? In addition, a more extensive reference, in the preamble to the directive, to interpretation in conjunction with Directive 92/14/EEC(2) (limitation of aircraft noise emissions) would be useful.

Would the Commission make it clear in the preamble to the directive that the text thereof also applies to the countries of the European Economic Area and to the countries applying for membership of the EU?

Answer given by Mr Kinnock on behalf of the Commission

(14 January 1999)

The Commission believes that Article 84 (2) is the appropriate legal basis for the proposed directive on the limitation of oxides of nitrogen (NOX) from civil subsonic jet aeroplanes because of the impact on access to the market for air transport services of the measure.

The Commission does not believe that a reference in the preamble to any interrelation between 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)(3) and the NOX proposal for interpretation purposes would be useful.

Once formally adopted this measure will become part of the "acquis" with the resulting obligations for countries applying for membership of the European Union.

(1) OJ L 108, 7.4.1998, p. 14.

(2) OJ L 76, 23.3.1992, p. 21.

(3) OJ L 76, 23.3.1992.