Activities of Jaromír KOHLÍČEK related to 2011/0398(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Union airports within a Balanced Approach and repealing Directive 2002/30/EC of the European Parliament and of the Council PDF (437 KB) DOC (663 KB)
Amendments (36)
Amendment 1 #
Council position
Recital 3
Recital 3
Amendment 2 #
Council position
Recital 4
Recital 4
(4) Following the removal of the noisiest aircraft pursuant to Directive 2002/30/EC of the European Parliament and of the Council and Directive 2006/93/EC of the European Parliament and of the Council, an update of how to use operating restriction measures is required to enable authorities to deal with the current noisiest aircraft so as to improve the noise environment around Union airports within the international framework of the Balanced Approach.
Amendment 3 #
Council position
Recital 9
Recital 9
(9) While noise assessments should be carried out on a regular basis in accordance with Directive 2002/49/EC, 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, taking into account expected airport development. For airports where a noise problem has been identified, additional noise abatement measures should be identified in accordance with the Balanced Approach methodology. In order to ensure a wide application of the Balanced Approach within the Union, its use is recommended whenever it is considered adequate by the individual Member State concerned, even beyond the scope of this Regulation. Noise-related operating restrictions should be introduced only when other Balanced Approach measures are not sufficient to attain the specific noise abatement objectives.
Amendment 4 #
Council position
Recital 14
Recital 14
(14) 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, as yet, might not be fully consistent with the method described in the authoritative European Civil Aviation Conference Report Doc 29 entitled 'Standard Method of Computing Noise Contours around Civil Airports' (ECAC Doc 29) nor use the internationally recognised aircraft noise performance information. However, the efficiency and effectiveness of a noise- related operating restriction should be assessed in accordance with the methods prescribed in ECAC Doc 29 and the Balanced Approach. Accordingly, Member States should adapt their assessments of operating restrictions in national legislation towards full compliance with ECAC Doc 29.
Amendment 5 #
Council position
Recital 15
Recital 15
Amendment 6 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down, where a noise problem has been identified, rules on the process to be followed for the introduction of noise-related operating restrictions in a consistent manner on an airport-by-airport basis, so as to help improve the noise climate and to limit or reduce the number of people significantly affected by potentially harmful effects of aircraft noise, in accordance with the Balanced Approach.
Amendment 7 #
Council position
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) to enable the use of operating restrictions 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.
Amendment 8 #
Amendment 9 #
Council position
Article 2 – point 5
Article 2 – point 5
(5) 'noise-related action' means any measure that affects the noise climate around airports, for which the principles of the Balanced Approach apply, including other non- operational actions that can affect the number of people exposed to aircraft noise;
Amendment 10 #
Council position
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Member States shall ensure that the Balanced Approach is adopted in respect of aircraft noise management at those airports where a noise problem has been identified. To that end, they shall ensure that:
Amendment 11 #
Council position
Article 5 – paragraph 3 – poind d
Article 5 – paragraph 3 – poind d
(d) not applying operating restrictions as a first resort, but only after consideration of the other measures of the Balanced Approach.
Amendment 12 #
Council position
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The measures may, within the Balanced Approach, be differentiated according to aircraft type; aircraft noise performance, use of airport and air navigation facilities, flight path and/or the timeframe covered.
Amendment 13 #
Council position
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 14 #
Council position
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The data referred to in paragraphs 2 and 3 of this Article shall be limited to what is strictly necessary and shall be provided free of charge, in electronic form, by internet and using the format specified, where applicable.
Amendment 15 #
Council position
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 16 #
Council position
Annex II
Annex II
The cost-effectiveness of envisaged noise- related operating restrictions will be assessed taking due account of the following elements, to the extent possible, in quantifiable terms: (1) the anticipated noise benefit, including the health benefit, of the envisaged measures, now and in the future; (2) the safety of aviation operations, including third-party risks; (3) the capacity of the airport; (4) any effects on the European aviation network. In addition, competent authorities may take due account of the following factors: (1(4a) the health and safety of local residents living in the vicinity of the airport; (24b) environmental sustainability, including interdependencies between noise and emissions; (34c) any direct, indirect orand catalytic employment and economic effects, including potential effects on regional economies; (4d) impact on working conditions at airports.
Amendment 55 #
Proposal for a regulation
Recital 7
Recital 7
(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 according to the provisions set by Directive 2002/49 of the European Parliament and of the Council of 25 June 2002 does not achieve the noise abatement objectives.
Amendment 62 #
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 restThe European Commission should be notified before their implementation the procedural pathway undertaken by competent authorictions mayes related 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 periodany noise mitigating measures including operating restrictions to achieve noise abatement objectives.
Amendment 65 #
Proposal for a regulation
Recital 10
Recital 10
(10) Noise assessments should build on existing information available and ensure that such information is reliobjective and measurable criteria common to all Member States. They should be available and accessible to competent authorities and all stakeholders. Competent authorities should put in place the necessary monitoring and enforcement tools. Noise assessments should involve consultations of local residents and be carried out or supervised by external bodies independent from the airport operator or authority.
Amendment 78 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) This regulation deals only with aircraft noise issues. It does not seek to regulate the impact of pollutant emissions from the operation of aircraft or measures to reduce those emissions. Rules and procedures governing emissions-related operation restrictions should be dealt with a separate legislative proposal.
Amendment 96 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) 'air traffic centre' means the airport and its impact area;
Amendment 98 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
(1b) 'impact area' means the area around the airport within which local noise emission limit are exceeded including take-off and landing routes.
Amendment 112 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Competent authorities, consultation and appeal bodies
Amendment 127 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Prior to the adoption of mitigation measures including operating restrictions Member States shall carry out a consultation of interested parties as well as guaranteeing the right to take legal action against the implemented measures, in accordance with the relevant national laws and procedures
Amendment 142 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) select the most effective noise protection measures;
Amendment 145 #
Proposal for a regulation
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
(g) decide on the measures and provide for sufficient notification by informing the Commission of them;
Amendment 158 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point c a (new)
Article 4 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) capacity restrictions and if necessary a reduction in airport size;
Amendment 162 #
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 resort, operating restrictions.
Amendment 203 #
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 betweenstablish a consultation forum where the airport operator, the aircraft operator ands, air navigation service provider, for actions which these operators a and re presponsible 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 consult local residents or entatives of local residents could cooperate togetheir representatives, and provide technical information and advice on noise mitigating measures to the competent authoritieby planning, technical and organisational measures to mitigate noise and to reduce emissions.
Amendment 209 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The competent authorities shall assess the cost-effectiveness of the new measures, as referred ton in paragraph 3 in accordance with Annex II. A minor technical amendment to an existing measure without substantive implications on capacity or operations is not considered as a new operating restriction.
Amendment 244 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Data shall be stored in a central database and made available to competent authorities, aircraft operators, air navigation service providers and, airport operators for operational purposes and to the public in an easily accessible electronic format.
Amendment 260 #
Proposal for a regulation
Article 10
Article 10
Amendment 306 #
Proposal for a regulation
Annex 2 – paragraph 1 – point 1 a (new)
Annex 2 – paragraph 1 – point 1 a (new)
1a. Health and safety conditions of local residents living in the 'impact area' close to the surroundings of the airport;
Amendment 307 #
Proposal for a regulation
Annex 2 – paragraph 1 – point 3 a (new)
Annex 2 – paragraph 1 – point 3 a (new)
3a. Direct and indirect employment effects including working conditions of the most exposed staff at airports;
Amendment 308 #
Proposal for a regulation
Annex 2 – paragraph 1 – point 4 a (new)
Annex 2 – paragraph 1 – point 4 a (new)
4a. Environmental sustainability, including interdependencies between noise and emissions and the global impact on generated external costs.
Amendment 315 #
Proposal for a regulation
Annex 2 – paragraph 2
Annex 2 – paragraph 2