(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 Union transport systems and protection of the environment.

(2)

Sustainable development of air transport necessitates the introduction of measures aimed at reducing noise nuisance from aircraft at and around airports with particular noise problems. A large number of Union citizens are exposed to high noise levels which may lead to negative health effects , particularly where night flights are concerned . [Am. 1]

(3)

Following the removal of the noisiest aircraft pursuant to 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 (4) and Directive 2006/93/EC of the European Parliament and of the Council of 12 December 2006 on the regulation of the operation of aeroplanes covered by Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) (5), an update of new measures is required to enable authorities to deal with the noisiest aircraft to improve the noise climate around airports in the Union within the international framework of the Balanced Approach on Noise Management.

(4)

Resolution A33/7 of the International Civil Aviation Organisation (ICAO) introduces the concept of a ‘Balanced Approach’ to noise management and establishes a coherent method to address aircraft noise. The ICAO Balanced Approach should remain the foundation of noise regulation for aviation, as a global industry. The Balanced Approach recognises the value of, and does not prejudge, relevant legal obligations, existing agreements, current laws and established policies. Incorporating the international rules of the Balanced Approach in this Regulation should substantially lessen the risks of international disputes in case third country carriers may be affected by noise-related operating restrictions.

(5)

The Report from the Commission to the Council and the European Parliament of 15 February 2008 entitled ‘Noise Operation Restrictions at EU Airports (Report on the application of Directive 2002/30/EC)’ pointed to the need to clarify in the text of Directive 2002/30/EC the allocation of responsibilities and the precise obligations and rights of interested parties during the noise assessment process so as to guarantee that cost-effective measures are taken to achieve the noise abatement objectives.

(6)

The introduction of operating restrictions by Member States at Union airports on a case-by-case basis, whilst limiting capacity, can contribute to improving the noise climate around airports. However, there is a possibility of introducing distortions of competition or hampering the overall efficiency of the Union aviation network through the inefficient use of existing capacity. Since the objectives of this Regulation cannot be sufficiently achieved by the Member States and can therefore be more effectively achieved at Union level by means of harmonised rules on the introduction of operating restrictions as part of the noise management process, the Union may adopt measures in accordance with the principles of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives. Such harmonised method does not impose noise quality objectives, which continue to derive from Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (6) or other European, national or local rules, and does not prejudge the concrete selection of measures.

(6a)

In order to reduce the need for operating restrictions, the national action plans referred to in Directive 2002/49/EC should, in the immediate future, embrace the adoption of complementary measures to manage external airport noise, such as soundproofing of homes and plans for general noise barriers. [Am. 2]

(7)

While noise assessments should take place on a regular basis, such assessments should only lead to additional noise abatement measures if the current combination of noise mitigating measures does not achieve the noise abatement objectives.

(8)

While a cost-benefit analysis provides an indication of the total economic welfare effects noise abatement objective should be chosen by comparing all costs and all benefits, a cost-effectiveness assessment focuses on achieving a given the tool for reaching that objective in the most should be cost-effective way, requiring a comparison of only the costs , taking account of health, economic and social aspects . [Am. 4]

(9)

Suspension of noise mitigating measures is important to avoid unwanted consequences on aviation safety, airport capacity and competition. Whilst an appeal procedure against noise-related The Commission should be able to evaluate proposed operating restrictions may relate to noise abatement objectives, assessment methods and selection of cost-effective measures, the appeal may not suspend before their implementation. Therefore, the Commission should well before implementation of the measures be able to use the right of scrutiny and to suspend measures deemed to produce unwanted or irreversible consequences. It is recognised that the suspension should be for a limited period. [Am. 5]

(9a)

The use of approved noise abatement operational procedures should ensure that the necessary flight safety is maintained by considering all factors that might affect a particular operation. Noise abatement operational measures must not preclude or prohibit anti-terrorist security measures. [Am. 6]

(10)

In accordance with Directive 2002/49/EC, noise assessments should build be based on existing information available and ensure that such objective and measurable criteria common to all the Member States . That information is must be reliable , obtained in a transparent manner, comparable and accessible to competent authorities and all stakeholders. Assessments should include monitoring of the latest technological developments and exchanges of information on the latest findings concerning the procedures to be employed. Competent authorities should put in place the necessary monitoring and enforcement tools. Noise assessments should be carried out or supervised by outside agencies independent of the airport operator. [Am. 7]

(11)

It is recognised that Member States have decided on noise-related operating restrictions in accordance with national legislation based on nationally acknowledged noise methods, which may not (yet) be fully consistent with the method as described in the authoritative European Civil Aviation Conference (ECAC) Report Doc 29 on ‘Standard Method of Computing Noise Contours around Civil Airports’ nor use the internationally recognised aircraft noise performance information. However, the efficiency and effectiveness of an operating restriction, together with the efficiency and effectiveness of the relevant action plan of which the restriction is a part, should be assessed in accordance with methods prescribed in ECAC Doc 29 and the ICAO Balanced Approach. Accordingly, Member States should adapt their assessments of operating restrictions in national legislation towards full compliance with ECAC Doc 29.

(12)

Centralisation of information on noise would substantially reduce the administrative burden for aircraft and airport operators alike. Such information is currently provided and managed at the individual aiport level. Those data need to be put at their disposal for operational purposes. It is important to use the data bank of the European Aviation Safety Agency (the Agency) concerning noise performance certification as a validation tool with the European Organisation for the Safety of Air Navigation (Eurocontrol) data on individual flights. Such data are currently already systematically requested for central flow management purposes, but need to be specified for the purpose of this Regulation and for performance regulation of air traffic management. Good access to validated modelling data should improve the quality of mapping of noise contours of individual airports and strategic mapping to support policy decisions.

(13)

In order to reflect the continuous technological progress in engine and airframe technologies and the methods used to map noise contours, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission with respect to regularly updating the noise standards for aircraft referred to in this Regulation and the reference to the associated certification methods; amending the definitions of marginally compliant aircraft and of civil aircraft accordingly, and updating the reference to the method to computing noise contours method and technical report relating to the assessment of the noise situation at an airport . It is particularly important that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. [Am. 8]

(13a)

In order to ensure legal certainty and planning reliability, operating restrictions and decisions on the operation of airports, including court decisions and the outcome of mediation processes which were already introduced or under examination before the entry into force of this Regulation, should not be subject to this Regulation but should be dealt with under existing rules. [Am. 9]

(16)

Consdidering the need for the consistent application of the noise assessment method within the Union aviation market, this Regulation sets out common rules in the field of noise operating restrictions. Directive 2002/30/EC should therefore be repealed,

(a)

to facilitate the achievement of specific environmental noise abatement objectives, as laid down in Union, national and or local rules, and to assess their interdependence with other environmental objectives, including health aspects , at the level of individual airports; and [Am. 12]

(b)

to enable selection of the most cost-effective noise mitigation measures , taking account of health, economic and social aspects, in accordance with the Balanced Approach so as to achieve the sustainable development of the airport and air traffic management network capacity from a gate-to-gate perspective. [Ams 44 and 48]

(1)

‘Airport’ means an airport which has more than 50  000 civil aircraft movements per calendar year (a movement being a take-off or landing), taking into consideration the average number of movements of the last three calendar years before the noise assessment;

(2)

‘Balanced Approach’ means the method process established by ICAO in Volume 1, Part V of Annex 16 to the Convention on International Civil Aviation (Chicago Convention) under which the range of available measures, namely reduction of aircraft noise at source, land-use planning and management, noise abatement operational procedures and operating restrictions, is considered in a consistent way with the view to addressing the minimising noise problem in the most cost-effective way taking account, inter alia, of health and economic aspects, on an airport by airport basis in order to safeguard the health of citizens living in nearby areas . [Ams 45 and 49]

(3)

‘Aircraft’ means fixed-wing aircraft with a maximum certificated take-off mass of 34  000 kg or more, or with a certificated maximum internal accommodation for the aircraft type in question consisting of more than 19 passenger seats, excluding any seats for crew only;

(4)

‘Marginally compliant aircraft’ means civil aircaft that meet the are certified in accordance with Chapter 3 certification limits laid down in Volume 1, Part II, Chapter 3 of Annex 16 to the Chicago Convention by a cumulative margin of less than 10EPNdB 8 EPNdB (Effective Perceived Noise in decibels Decibels ), whereby during a transitional period of four years after …  (7) and by a cumulative margin of less than 10 EPNdB following the end of that transitional period. 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 4 Chapter 3 of Annex 16 to the Chicago Convention; [Am. 17]

(5)

‘Noise-related action’ means any measure that impacts the noise climate around airports, for which the principles of the ICAO Balanced Approach apply, including other non-operational actions that can affect the number of people exposed to aircraft noise;

(6)

‘Operating restrictions’ means a noise-related action that limits the access to or reduces the optimal capacity use of an airport, including 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 aircraft according to which for example apply for an identified time period during the day or only for certain runways at the airport . [Am. 18]

(a)

assess the noise situation at an individual airport; ensure that the noise abatement objective for that airport, taking account, as appropriate, of Article 8 of and Annex V to Directive 2002/49/EC, is defined;

(b)

define the environmental noise abatement objective; [Am. 21]

(c)

identify measures available to reduce the noise impact;

(d)

evaluate carry out a formal and comprehensive assessment of the likely cost-effectiveness of the available measures; [Am. 22]

(e)

select the measures;

(f)

consult the stakeholders in a transparent way on the intended actions;

(g)

decide on the measures and provide for sufficient notification;

(h)

implement the measures; and

(i)

provide for dispute resolution.

(a)

the foreseeable effect of a reduction of aircraft noise at source;

(b)

land-use planning and management;

(c)

noise abatement operational procedures , including the guidance of take-off and landing routes ; [Am. 23]

(d)

not as a first resort, operating restrictions.

(a)

the method, indicators and information set out in Annex I are applied to take due account of the contribution of each type of measure under the Balanced Approach; in accordance with Annex I.

(b)

at the appropriate level, technical cooperation is established between the airport operators, aircraft operators and air navigation service providers to examine measures to mitigate noise. The competent authorities shall also ensure that local residents, or their representatives, and relevant local authorities are consulted, and that technical information on noise mitigating measures is provided to them;

(c)

the cost-effectiveness of any new operating restriction is assessed, in accordance with Annex II. Minor technical amendments to existing measures without substantive implications on capacity or operations shall not be considered as new operating restrictions;

(d)

the consultation process with interested parties is organised in a timely and substantive manner, ensuring openness and transparency as regards data and computation methodology. Interested parties shall have at least three months prior to the adoption of the new measures operating restrictions to provide comments. The interested parties shall at least include:

(a)

information on alleged infringements due to changes in flight paths, in terms of their impact and the reasons why such change were made;

(b)

the criteria used when distributing and managing traffic in each airport, to the extent that those criteria may have an environmental or noise impact.

(a)

the tail number of the aircraft;

(b)

the noise performance certificate or certificates of the aircraft used, together with the associated actual maximum take-off weight;

(c)

any modification of the aircraft which influences its noise performance and is recorded in its noise certificate.

(d)

aircraft noise and performance information of the aircraft for noise modelling purposes.

(a)

are granted a noise certification to the standards specified in Chapter 3, Volume 1 of Annex 16 to the Chicago Convention.

(b)

were operated in the Union during the five-year period preceeding the entry into force of this Regulation, were on the register of the developing nation concerned and continue to be operated by a natural or legal person established in that nation.

(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;

(ba)

aircraft on flights operated for humanitarian or diplomatic purposes. [Am. 31]

(a)

amendments of the definitions of aircraft in Article 2 point (3) and of marginally compliant aircraft in Article 2 point (4); [Am. 33]

(b)

amendments and updates of the noise certification standards provided for in Articles 4 and 8; and of the certification procedure provided for in Article 6(1).

(c)

amendments to the method and technical report set out in Annex I.