51 Amendments of Michael GAHLER related to 2011/0398(COD)
Amendment 53 #
Proposal for a regulation
Recital 2
Recital 2
(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. A large number of EU citizens are exposed to high noise levels which may lead to negative health effects.
Amendment 58 #
Proposal for a regulation
Recital 8
Recital 8
(8) While a cost-benefit analysis provides an indication of the total economic welfare effectsnoise abatement objective should be chosen by comparing all costs and all benefits, a cost-effectiveness assessment focuses on achieving a given objective in the mostthe tool to reach this objective should be cost-effective way, requiring a comparison of only the costs.
Amendment 63 #
Proposal for a regulation
Recital 9
Recital 9
(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 operating restrictions may relate to noise abatement objectives, assessment methods and selection of cost-effective measures, the appeal may not suspend 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 periodThe Commission should be able to evaluate proposed operating restrictions before their implementation.
Amendment 68 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The use of approved noise abatement operational procedures must ensure that the necessary safety of flight 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.
Amendment 74 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(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 treated under existing rules.
Amendment 75 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 76 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 84 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules on the introduction of noise-related operating restrictions in a consistent manner on an airport-by-airport basis and where a noise problem has been identified so as to help improve the noise climate and to limit or reduce the number of people significantly affected by the harmful effects ofaffected by aircraft noise, in accordance with the Balanced Approach.
Amendment 86 #
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) to facilitate the achievement of specific environmental noise abatement objectives, as laid down in Union, national and local rules, and to assess their interdependence with other environmental objectives, including health aspects, at the level of individual airports;
Amendment 88 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) to enable selection of the most cost- effective noise mitigation measures in accordance with the Balanced Approach so as to achieve the sustainable and responsible development of the airport and air traffic management network capacity from a gate-to-gate perspective.
Amendment 91 #
Proposal for a regulation
Article 1 – paragraph 3 – subparagraph 1
Article 1 – paragraph 3 – subparagraph 1
This Regulation shall apply to aircraft flights engaged in civil aviation.
Amendment 94 #
Proposal for a regulation
Article 1 – paragraph 3 – subparagraph 2
Article 1 – paragraph 3 – subparagraph 2
It shall not apply to aircraft flights engaged in military, customs, police, or similar services.
Amendment 102 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘'Balanced Approach’' means the methodprocess established by the International Civil Aviation Organisation (ICAO) 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 addresminimising the noise problem in the most cost-effective way on an airport by airport basis.
Amendment 106 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘'Marginally compliant aircraft’' means civil aircraft that meet is certified in accordance withe Chapter 3 certification limits laid down in Volume 1, Part II, Chapter 3 of Annex 16 to the Convention on International Civil Aviation (Chicago Convention) by a cumulative margin of less than 108 EPNdB (Effective Perceived Noise in dDecibels), whereby t during a transitional period of four years after the entry into force of this Regulation, 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 43 of Annex 16 to the Chicago Convention;
Amendment 111 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(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 thwhich for example apply for an identified time operationd of civil aircraft according to time periodnly for certain runways at the airport.
Amendment 118 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States in which an airport is located shall designate competent authorities responsible for adopting measures onfollowing the process when adopting operating restrictions, as well as an independent appeal body in accordance with national laws and practices.
Amendment 120 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 126 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The Member States shall notify the Commission of the names and addresses of the designated competent authorities and appeal body referred to in paragraph 1. The Commission shall publish this information.
Amendment 130 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall adopt aimplement the Balanced Approach in regard to aircraft noise management. To this en, on an airport-by- airport basis, within the scope of this Regulation. To this end, they shall assess the noise situation at an individual airport in accordance with Annex II of Directive 2002/49. Where a noise problem is identified, they shall:
Amendment 132 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
Amendment 140 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) evaluatecarry out a formal and comprehensive assessment of the likely cost-effectiveness of the available measures;
Amendment 168 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) not as a first resortif necessary, operating restrictions.
Amendment 172 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The available measures may include the withdrawal of marginally compliant aircraft, if so deemed necessary. Member States may offer economic incentives to encourage aircraft operators to use less noisy aircraft during the transitional period referred to in Article 2(4).
Amendment 179 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States may, within the Balanced Approach, differentiate noise mitigating measures according to aircraft type, runway use, flight path and/or timeframe covered.
Amendment 206 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The competent authorities shall ensure that, at the appropriate level, a forum for technical cooperation is established between the airport operator, aircraft operator and air navigation service provider, for actions which these operators are responsible for, and taking due account of the interdependency between measures to mitigate noise and to reduce emissions. The members of this forum for technical cooperation shall regularly consultengage with local residents or their representatives, and provide technical information and advice on noise mitigating measures to the competent authorities. The competent authorities may decide not to assess new measures against Annex I and Annex II, if they are in line with the recommendations of the technical forum.
Amendment 218 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – introductory part
Article 6 – paragraph 2 – subparagraph 1 – introductory part
At the request of the Commission and if the European Aviation Safety Agency does not already dispose of the information requested, aircraft operators shall communicate the following noise information in respect of their aircraft that use Union airports:
Amendment 223 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point b
Article 6 – paragraph 2 – subparagraph 1 – point b
(b) the noise performance certificate or certificates of the aircraft used, together with the associated actual maximum take- off weight;
Amendment 228 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point c
Article 6 – paragraph 2 – subparagraph 1 – point c
(c) any modification of the aircraft which influences its noise performance and is recorded in its noise certificate;
Amendment 232 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point d
Article 6 – paragraph 2 – subparagraph 1 – point d
Amendment 236 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 239 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
The data shall be provided free of charge, in electronic form and using the format specified, where applicable. The Commission shall bear the costs for providing these data.
Amendment 243 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Agency shall verify the aircraft noise and performance data for modelling purposes in accordance with Article 6 (1) of Regulation (EC) No 216/2008 of the European Parliament and the CouncilModelling of airport community noise shall be based on manufacturer provided aircraft noise and performance data recommended for use by the international community and made available through ICAO. The Agency shall verify the aircraft noise and performance data for modelling purposes in accordance with Article 6 (1) of Regulation (EC) No 216/2008 of the European Parliament and the Council. The Agency shall refer to the established ICAO Committee on Aviation Environmental Protection Modelling and Databases Group's process to determine data validity and best practices and ensure continued harmonization across international airworthiness agencies.
Amendment 248 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Following the assessment carried out in accordance with Article 5, the notification of the decision shall be accompanied by a written report explaining the reasons for introducing the operating restriction, the environnoise abatemental objective established for the airport, the measures that were considered to meet that objective, and the evaluation of the likely cost-effectiveness of the various measures considered, including, where relevant, their cross- border impact.
Amendment 250 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where the operating restriction concerns the withdrawal of marginally compliant aircraft from an airport, no new services shall be allowed with marginally compliant aircraft at that airport six months after the notification. The competent authorities shall decide on the annual rate for removing marginally compliant aircraft from the fleet of affected operators at that airport, taking due account of the age of the aircraft and the composition of the total fleet. Without prejudice to paragraph 3 of Article 4, this rate shall not be more than 20% of that operator's fleet of, ending at least two months prior to the determination of the slot coordination parameters as per paragraph 1. The competent authorities shall decide on the annual rate for removing marginally compliant aircraft. This annual rate shall not be more than 25% of the movements and shall be applied uniformly to each affected operator in reference to its number of movements with marginally compliant aircraft servingat that airport.
Amendment 257 #
Proposal for a regulation
Article 9 – paragraph 2 – point b a (new)
Article 9 – paragraph 2 – point b a (new)
(ba) aircraft on flights operated for humanitarian purposes.
Amendment 268 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. At the request of a Member State or on its own initiative, and without prejudice to a pending appeal procedure, the Commission may scrutinise the decision on an operating restriction, prior to its implementation. Where the Commission finds that the decision does not respect the requirements set out in this Regulation, or is otherwise contrary to Union law, it may suspendwithin a period of two months after the day on which it receives notice, as referred to in Article 7(1), evaluate the process for the introduction of a noise-related operating restriction. Where the Commission finds that the introduction of a noise-related operating restriction does not follow the process set out in this Regulation, the Commission may notify the relevant competent authorities accordingly. The relevant competent authorities may take the decCommission's opinion into account.
Amendment 269 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 270 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Where the Commission has not adopted a decisnotified its opinion within a period of sixtwo months after it has received the informationnotice, as referred to in paragraph 2Article 7(1), the competent authority may apply the envisaged decision on an operating restriction.
Amendment 271 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
Amendment 273 #
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
Amendment 275 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The delegation of power referred to in Article 11 shall be conferred for an indeterminateon the Commission for a period of timefive years from the date of entry into force of this Regulation.
Amendment 276 #
Proposal for a regulation
Article 13
Article 13
Amendment 278 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Amendment 283 #
Proposal for a regulation
Annex 1 – section 1 – point 1
Annex 1 – section 1 – point 1
1. Competent authorities will use noise assessment methods which have been developed in accordance with the ECAC Report Doc 29 ‘Report on Standard Method of Computing Noise Contours around Civil Airports’, 3rd EditionAnnex II of Directive 2002/49.
Amendment 286 #
Proposal for a regulation
Annex 1 – section 3 – point 1 – point 1.2
Annex 1 – section 3 – point 1 – point 1.2
1.2 A description of the environmental sustainabilitynoise abatement objectives for the airport and the national context. This will include a description of the aircraft noise objectives for the airport.
Amendment 287 #
Proposal for a regulation
Annex 1 – section 3 – point 1 – point 1.4 – point 1.4.4 – indent 4 a (new)
Annex 1 – section 3 – point 1 – point 1.4 – point 1.4.4 – indent 4 a (new)
- Use of flexible transitions from operating restrictions for reasons of proportionality, e.g. delayed take-offs or early arrivals.
Amendment 294 #
Proposal for a regulation
Annex 1 – section 3 – point 2 – point 2.4
Annex 1 – section 3 – point 2 – point 2.4
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 constructplanned residential areas.
Amendment 300 #
Proposal for a regulation
Annex 2 – heading 1
Annex 2 – heading 1
Assessment of the cost-effectiveness of noise-related operating restrictionsnoise mitigating measures in the context of the Balanced Approach
Amendment 305 #
Proposal for a regulation
Annex 2 – paragraph 1 – introductory part
Annex 2 – paragraph 1 – introductory part
The cost-effectiveness of envisaged noise- related operating restriction mitigating measures will be assessed taking due account of following elements, to the extent possible, in quantifiable terms:
Amendment 319 #
Proposal for a regulation
Annex 2 – paragraph 2 – point 1
Annex 2 – paragraph 2 – point 1
Amendment 323 #
Proposal for a regulation
Annex 2 – paragraph 2 – point 3
Annex 2 – paragraph 2 – point 3
3) Direct, indirect and catalytic employment effects and economic effects, including potential effects on regional economies.