Activites

• 2014/06/12 Final act published in Official Journal
  • Regulation 2014/598
  • OJ L 173 12.06.2014, p. 0065
• 2014/04/16 Final act signed
• 2014/04/16 Results of vote in Parliament
  • Results of vote in Parliament
  • T7-0412/2014 summary

    Following the recommendation by the Committee on Transport and Tourism, the European Parliament approved the Council position at first reading with a view to the adoption of 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. Parliament also took note of the Statement by the Commission on the revision of Directive 2002/49/EC. The Commission stated that it is discussing with the Member States Annex II to Directive 2002/49/EC (noise calculation methods) with a view to adopting it in the coming months. Based on work the WHO is currently undertaking regarding the methodology to assess health implications of the noise impact, the Commission intends to revise Annex III to Directive 2002/49/EC (estimation of health impact, dose response curves).

• 2014/04/14 Debate in Parliament
  • Debate in Parliament
• 2014/04/10 Vote in committee, 2nd reading
  • A7-0274/2014 summary

    The Committee on Transport and Tourism adopted the recommendation for second reading in the report by Jörg LEICHTFRIED (S&D, AT) on the Council position at first reading with a view to the adoption of 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. Following the adoption of Parliament's first reading position on 12 December 2012, informal negotiations with view to reaching an early second reading agreement took place on 14 January 2014 and 27 January 2014. The outcome text of negotiations was approved by the Committee on Transport and Tourism on 11 February 2014. To recall, the Regulation further harmonises, clarifies and strengthens the common rules on how decisions on noise related operating restrictions at EU airports, such as bans on night flights. At the initiative of the EP, the local authorities would retain their powers to decide on noise related measures at airports, such as bans on night flights. Moreover, the Commission has been obliged to address health-related aspects of aviation noise by revising the Environmental Noise Directive 2002/49/EC. Given that Parliament's objectives have been, to a large extent, met in the negotiations with the Council and the Commission, the committee recommended endorsing without amendment the Council's position at the first reading and the statement by the Commission on the revision of Directive 2002/49/EC.

• 2014/04/02 Committee referral announced in Parliament, 2nd reading
• 2014/03/26 Council position published
  • 05560/2/2014 summary

    The Council adopted its position at first reading with a view to the adoption of 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. The Council's position reflects the compromise reached in negotiations between the Council and the European Parliament, facilitated by the Commission. The Council took the following stance on Parliament’s amendments : Right of scrutiny: the Council accepted that it should reflect the European Parliament's concern in its first reading position, whereby the competent authorities had to examine the Commission notification and inform the Commission of their intentions on the operating restrictions to be introduced. Health: Parliament adopted several amendments concerning the inclusion of the harmful effects of human health in the noise assessment process set up by the regulation. While acknowledging the importance health in the process, the Council considered that health related aspects were covered by the procedures set up by Directive 2002/49/EC on the assessment and management of environmental noise. In the compromise text, Parliament's concerns were accommodated by a new recital stressing the need for the assessment of health aspects, a new reference to health among the objectives of the airport noise Regulation, and an obligation to assess the noise situation at an airport in accordance with Directive 2002/49/EC. Transitional periods -Definition of 'marginally complaint aircraft' : according to the initial Commission proposal, the threshold for the definition of marginally compliant aircraft should have been set at a cumulative margin of less than10 EPNdB (Effective Perceived Noise in Decibels), without a transitional period. The Council could not subscribe to this approach, and agreed with the European Parliament in lowering the cumulative margin to less than 8 EPNdB for a transitional period of four years. the Commission would not be empowered to update the definition by delegated acts, and that aspect would remain subject to the ordinary legislative procedure. -Entry into force : the compromise text maintained a delayed entry into force of 24 months. This longer period will effectively also extend the transitional application of the less than 8 EPNdB threshold for 'marginally compliant aircraft' to six years. Existing operating restrictions and mediation : the compromise text ensured that existing operating restrictions would remain in force until the competent authorities decided to review them. With regard to transitional provisions, the operating restrictions would be considered under Directive 2002/30/EC, if the necessary consultation processes had already started before the entry into force of the new Regulation, and the operating restrictions were adopted within a period of one year. On mediation, it was clarified that the consultation with interested parties may also take the form of a mediation process. In addition, a new recital specified that the concept of existing operating restrictions encompasses those resulting from court decisions and mediation processes. Regular information for local residents on the implementation of noise mitigating measures : in addition to the obligation to provide this information, the compromise text adds an additional layer of transparency by listing information elements, the availability of which should be encouraged. Provision of information on noise modelling data : in order to alleviate the burden on aircraft operators, the relevant provisions were streamlined in order to avoid duplication in the submission of already existing data. The Chair of the European Parliaments' Committee on Transport and Tourism indicated in a letter to the Chairman of Coreper that that he will recommend to the members of the committee, and subsequently to the plenary, that they approve the Council's position at first reading without amendments, and conclude the ordinary legislative procedure at the second reading stage.

• #3307
• 2014/03/24 Council Meeting
• #3293
• 2014/02/17 Council Meeting
• 2012/12/12 Decision by Parliament, 1st reading/single reading
  • T7-0496/2012 summary

    The European Parliament adopted by 501 votes to 155 with 8 abstentions a legislative resolution 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. Parliament adopted its position in first reading following the ordinary legislative procedure and amended the Commission proposal as follows: Criteria for noise abatement: Members consider that in accordance with Directive 2002/49/EC, noise assessments should be based on objective and measurable criteria common to all the Member States. That information must be reliable, obtained in a transparent manner, comparable and accessible to 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. Balanced approach: Parliament amended to the text to state that the ‘Balanced Approach’ means the process established by the International Civil Aviation Organisation (ICAO) in Volume 1, Part V of Annex 16 to the 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 minimising noise 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. Right of appeal: a new clause makes to clear that Member States must ensure the right to appeal against the operating restrictions adopted pursuant to the Regulation before the appeal body in accordance with national legislation and procedures. The Commission’s right of scrutiny: Members consider that Commission's right of scrutiny on operating restrictions infringe the principle of subsidiarity of the European Union. They are concerned that this provision would allow the Commission to undermine outcomes of regional mediation agreements between airports, the region and citizens, which are often reached after years of difficult negotiations. Parliament reformulated the text in order to ensure that competences of local authorities and the principle of EU subsidiarity are fully respected. Accordingly, at the request of a Member State or on its own initiative, and without prejudice to a pending appeal procedure, the Commission may within a period of two months after the day on which it receives notice, 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 the Regulation, it may notify the relevant competent authorities accordingly. The relevant competent authorities may take the Commission's opinion into account. Provisions regarding the committee assisting the Commission are deleted, since it will not have the power to decide whether the competent authority concerned may proceed with the introduction of the operating restriction.  Cost-effectiveness: Parliament considers that both, economic benefits and impacts on health and quality of people living in the vicinity of airports should be equally considered when assessing the noise situation at EU airports. Therefore, amendments aiming at strengthening this balance are proposed. The text states that while a noise abatement objective should be chosen by comparing all costs and all benefits, the tool for reaching this objective should be cost-effective, taking account of health, economic and social aspects. A formal and comprehensive assessment of the likely cost-effectiveness of the available measures must be carried out. The cost-effectiveness of envisaged noise-related operating restrictions will be assessed taking due account of following elements, to the extent possible, in quantifiable terms: (i) the anticipated noise benefit, including the health benefit, of the envisaged measures, now and in the future; (ii) health and safety of local residents living in the surroundings of the airport; (iii) safety of aviation operations, including third party risk; (iv) direct, indirect and catalytic employment and economic effects, including potential effects on regional economies; (v) impact on working conditions at airports; (vi) capacity of the airport; (vii) effects on the European aviation network; (viii) environmental sustainability, including interdependencies between noise and emissions. ‘Marginally compliant aircraft’ is re-defined by the committee as aircraft that are certified in accordance with Chapter 3 limits laid down in the Chicago Convention by a cumulative margin of less than 8 EPNdB (Effective Perceived Noise in Decibels) during a transitional period of four years after the entry into force of the Regulation, and by a cumulative margin of less than 10 EPNdB following the end of that transitional period. The Commission’s proposal contained no transitional period for phasing out. Member States may offer economic incentives to encourage aircraft operators to use less noisy aircraft during the transitional period. 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 with reference to its number of movements with marginally compliant aircraft at that airport. Delegated acts: Members amended the text so that the delegation of powers to the Commission might be limited to technical adaptations and changes. The Commission is empowered to adopt delegated acts with respect to regularly updating the method and technical report relating to the assessment of the noise situation at an airport. Furthermore, the delegation of power shall be conferred on the Commission for a period of five years from the date of entry into force of the Regulation. Transitional provisions: a new clause states that operating restrictions and decisions on the operation of airports, including court decisions and the outcome of mediation processes which were introduced or under examination before the entry into force of the Regulation shall not be subject to the Regulation. They shall, to the extent that Directive 2002/30/EC is applicable, continue to be subject to that Directive and, where applicable, the national rules transposing it. The effects of Directive 2002/30/EC shall therefore be maintained for such measures. A minor technical amendment to the existing measure without substantive implications on capacity or operations shall not be considered as a new operating restriction. Parliament inserts this grandfathering clause in order to make it clear that existing operating restrictions and procedures on introducing those restrictions which were launched prior the entry into force of the new Regulation remain subject to the existing rules. Availability of relevant information: competent authorities must monitor the implementation of the noise mitigating measures and ensure that relevant information is made available on-line, thus allowing local residents living in the surroundings of the airports and other interested parties to access the information freely. The relevant information shall 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. Operators of airport facilities must install computerised noise measuring systems at different points close to flight paths that affect or are likely to affect the local population. The data collected by those noise-measuring systems may be consulted via the internet.

• 2012/12/11 Debate in Parliament
  • Debate in Parliament
• 2012/11/21 Committee report tabled for plenary, 1st reading/single reading
  • A7-0372/2012 summary

    The Committee on Transport and Tourism adopted the report by Jörg LEICHTFREID (ALDE, AT) 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. The committee recommends that the European Parliament adopt its position in first reading following the ordinary legislative procedure and amend the Commission proposal as follows: The Commission’s right of scrutiny: Members consider that Commission's right of scrutiny on operating restrictions infringes the principle of subsidiarity of the European Union. They are concerned that this provision would allow the Commission to undermine outcomes of regional mediation agreements between airports, the region and citizens, which are often reached after years of difficult negotiations. The committee reformulated the text in order to ensure that competences of local authorities and the principle of EU subsidiarity are fully respected. Accordingly, at the request of a Member State or on its own initiative, and without prejudice to a pending appeal procedure, the Commission may within a period of two months after the day on which it receives notice, 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 the Regulation, it may notify the relevant competent authorities accordingly. The relevant competent authorities may take the Commission's opinion into account. Provisions regarding the committee assisting the Commission are deleted, since it will not have the power to decide whether the competent authority concerned may proceed with the introduction of the operating restriction.  Cost-effectiveness: the committee considers that both, economic benefits and impacts on health and quality of people living in the vicinity of airports should be equally considered when assessing the noise situation at EU airports. Therefore, amendments aiming at strengthening this balance are proposed. The text states that while a noise abatement objective should be chosen by comparing all costs and all benefits, the tool to reach this objective should be cost-effective, taking account of health, economic and social aspects. A formal and comprehensive assessment of the likely cost-effectiveness of the available measures must be carried out. The cost-effectiveness of envisaged noise-related operating restrictions will be assessed taking due account of following elements, to the extent possible, in quantifiable terms: (i) the anticipated noise benefit, including the health benefit, of the envisaged measures, now and in the future; (ii) health and safety of local residents living in the surroundings of the airport; (iii) safety of aviation operations, including third party risk; (iv) direct, indirect and catalytic employment and economic effects, including potential effects on regional economies;  (v) impact on working conditions at airports; (vi) capacity of the airport; (vii) effects on the European aviation network; (viii) environmental sustainability, including interdependencies between noise and emissions. Marginally compliant aircraft: Members feel that he concept of marginally compliant aircraft plays important role in noise management. Phasing-out of the noisiest aircraft can be an effective measure to mitigate the noise. Focusing on the noisiest aircraft gives breathing space for further growth – whilst relieving the citizens living in the surroundings of airports. At the same time, the phase-out of the noisiest aircraft should take into account investments and lifecycle of aircraft. ‘Marginally compliant aircraft’ is re-defined by the committee as aircraft that are certified in accordance with Chapter 3 limits laid down in the Chicago Convention by a cumulative margin of less than 8 EPNdB (Effective Perceived Noise in Decibels) 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 Commission’s proposal contained no transitional period for phasing out. Delegated acts: Members amended the text so that the delegation of powers to the Commission might be limited to technical adaptations and changes. They state that the political decisions should remain in the remit of co-legislators. Furthermore, the delegation of power shall be conferred on the Commission for a period of five years from the date of entry into force of the Regulation. Transitional provisions: a new clause states that operating restrictions and decisions on the operation of airports, including court decisions and the outcome of mediation processes which were introduced or under examination before the entry into force of the Regulation shall not be subject to the Regulation. They shall, to the extent that Directive 2002/30/EC is applicable, continue to be subject to that Directive and, where applicable, the national rules transposing it. The effects of Directive 2002/30/EC shall therefore be maintained for such measures. A minor technical amendment to the existing measure without substantive implications on capacity or operations shall not be considered as a new operating restriction. The committee felt that this grandfathering clause is needed in order to make it clear that existing operating restrictions and procedures on introducing those restrictions which were launched prior the entry into force of the new Regulation remain subject to the existing rules.

• 2012/11/06 Vote in committee, 1st reading/single reading
• #3171
• 2012/06/07 Council Meeting
  • 3171 summary

    The Council agreed on a general approach on a draft regulation updating the 2002 directive on operating restrictions at EU airports aimed at limiting nuisances from aircraft noise. One delegation, however, would have preferred to give the text the legal form of a directive rather than a regulation. Moreover, it still has misgivings about the Commission's right to review decisions on operating restrictions. The draft regulation introduces two key changes: (1) Prior to the application of an operating restriction, the Commission will have the right to review the process that the competent authority followed for introducing the restriction. If the Commission considers that the process does not comply with the requirements of the regulation, it will send a notification to the authority, which must take due account of the Commission's observations. This new review provision is intended to reduce the risk of international disputes in the event that carriers from outside the EU are affected by restrictions. The Commission's initial proposal that it be given the right to suspend noise-related operating restrictions proposed by a member state has not been accepted by delegations. (2) A stricter noise threshold will be applied for the definition of "marginally compliant aircraft", so as to reflect modernisation of fleets and to promote the phasing-out of older, noisier aircraft. "Marginally compliant aircraft" designates a category of aircraft with a noise level that is only slightly lower than the maximum permitted noise levels established by the International Civil Aviation Organisation (ICAO). The margin by which an aircraft's noise level is lower than the maximum permitted levels constitutes the criterion for defining it as only marginally compliant. The new definition gradually extends the margin so as to include aircraft that previously would have been considered fully compliant: while under the current rules the margin is 5 EPNdB (effective perceived noise in decibels) or less, it will be extended to less than 8 EPNdB as a first step, and to less than 10 EPNdB four years later. Operating restrictions affecting marginally compliant aircraft will give an incentive to airlines using such aircraft to replace them with less noisy aircraft since they could otherwise no longer fly to the airport concerned. In addition, the new text requires that the authorities responsible for deciding on operating restrictions must be independent of the parties directly affected by the measure. It also places stronger emphasis on the need to take account of possible knock-on effects on the whole European aviation network when considering noise-related operating restrictions at an individual airport.

• 2011/12/15 Committee referral announced in Parliament, 1st reading/single reading
• #3134
• 2011/12/12 Council Meeting
  • 3134 summary

    The Commission presented to the Council three legislative proposals relating to different areas of airport activities: ground handling services, the allocation of slots and rules on the reduction of noise. The aim of the package, which also includes a communication on airport policy, is to address two key challenges: capacity at airports and the quality of airport services. More generally, it is intended to contribute to the implementation of the Single European Sky (SES) initiative. The incoming Danish presidency considers the airport package a priority. The Council also took note of information provided by the Commission on the implementation of the regulatory framework of the Single European Sky.  The Commission drew ministers' attention to its report on this issue published in November and stressed that 2012 would be pivotal for the implementation of the SES with key challenges to be addressed in a number of areas: the establishment of functional airspace blocks (FAB) grouping together two or more Member States in order to achieve better air traffic management; improvement of performance plans; network management; and preparations for the deployment of SESAR.

• 2011/12/01 Legislative proposal published
  • COM(2011)0828 summary

    PURPOSE: to establish rules and procedures concerning the introduction of noise-related operating restrictions at Union airports. PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND: a large number of EU citizens are exposed to high noise levels which may lead to negative health effects. An active noise management strategy is therefore necessary to mitigate the undesired effects. Such noise strategy must, however, carefully balance the interests of the affected citizens with other interests and take due account of the knock-on effects on the capacity of the whole aviation network. The process leading to a decision on noise-related operating restrictions should be consistent, evidence-based and robust to be acceptable for all stakeholders. In an effort to ensure a consistent approach to the application of noise abatement measures at airports, the International Civil Aviation Organisation (ICAO) adopted a set of principles and guidance constituting the so-called "Balanced Approach" on noise management, which encourages ICAO Contracting States: to mitigate aviation noise through selection of the optimum local combination from a range of measures i) reducing noise at source (from use of quieter aircraft), ii) making best use of land (plan and manage the land surrounding airports; iii) introducing operational noise abatement procedures (by using specific runways, routes or procedures); and iv) imposing noise-related operating restrictions (such as a night ban or phasing out of noisier aircraft); to select the most cost-effective range of measures; not to introduce noise-related operating restrictions, unless the authority is in a position, on basis of studies and consultations, to determine whether a noise problem exists and having determined that an operating restriction is a cost-effective way of dealing with the problem. At ICAO level the EU actively supports the development of new noise standards for aircraft and invests in new technologies through Framework Programmes and the Clean Sky project. But land use planning, together with the associated insulation and compensation programmes, is a national or local competence. This proposed regulation aims to apply noise-related operating restrictions of the Balanced Approach in the EU in a consistent manner by clarifying the different steps of the decision-making process when considering operating restrictions. Consistent application of the approach should identify the most cost-effective solutions, tailor made to the specific airport situation. IMPACT ASSESSMENT: no impact assessment was undertaken. LEGAL BASIS: Article 100 (2) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the proposed Regulation lays down rules on 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 the harmful effects of aircraft noise, in accordance with the Balanced Approach. The objectives of the proposal are: 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, at the level of individual airports; to enable selection of the most cost-effective noise mitigation measures 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. This Regulation shall apply to aircraft engaged in civil aviation. It shall not apply to aircraft engaged in military, customs, police, or similar services. The proposal introduces a new regulation to replace Directive 2002/30/EC. It clarifies and completes the requirements of that directive in relation to the following points: specification of objectives to stress link with other elements of the Balanced Approach and other instruments to manage air traffic noise. definition of allocation of responsibilities. listing of general requirements to manage noise. provision of more details on the noise assessment process. specification of stakeholders to be consulted. harmonisation of data and methods. specification of notification and introduction requirements. allowing comitology to adapt reference to noise standards to new technological progress. BUDGETARY IMPACT: the proposal has no impact on the EU’s budget. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.

  • DG {'url': 'http://ec.europa.eu/dgs/transport/index_en.htm', 'title': 'Mobility and Transport'}, KALLAS Siim

Documents

• Legislative proposal published: COM(2011)0828
• Debate in Council: 3134
• Debate in Council: 3171
• Committee report tabled for plenary, 1st reading/single reading: A7-0372/2012
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T7-0496/2012
• Council position published: 05560/2/2014
• Committee recommendation tabled for plenary, 2nd reading: A7-0274/2014
• Debate in Parliament: Debate in Parliament
• Results of vote in Parliament: Results of vote in Parliament
• Decision by Parliament, 2nd reading: T7-0412/2014
• : Regulation 2014/598
• : OJ L 173 12.06.2014, p. 0065

History

(these mark the time of scraping, not the official date of the change)