June 13th, 2016. New rules and procedures with regard to the introduction of noise-related operating restrictions at Union airports Dott.ssa Benedetta Valenti benedetta.valenti@ssalex.com
From June 13 th, 2016, the Regulation (EU) N. 598/2014 that repeals Directive 2002/30/EC, will enter into force for all EU countries. Before the approval of the aforementioned Regulation, the fast development of air transport required the introduction of measures aimed at reducing the noise impact from aircraft at Union airports. Those measures were needed in order to improve the noise environment around Union airports and in order to maintain or increase the quality of life of neighbouring citizens and foster compatibility between aviation activities and residential areas, in particular where night flights are concerned. Resolution A33/7 of the International Civil Aviation Organization (ICAO) introduced the concept of a Balanced Approach to noise management (Balanced Approach) and establishes a coherent method to address aircraft noise. The Balanced Approach should remain the foundation of noise regulation for aviation as a global industry. The Balanced Approach recognizes 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 risk of international disputes in the event of third-country carriers being affected by noise-related operating restrictions. 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 was 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. Therefore, on December 1 st, 2011, the European Commission (EC) published its Airport Package proposals which contains three legislative texts one of which is on noise. Currently, noise-related operating restrictions at European Union airports are regulated through national laws, under the European Directive 2002/30/EC. P. 2
The EU Regulation n. 598/2014 Recently, the European Parliament formally adopted new rules (Regulation 598/2014) on procedures for imposing noise restrictions around airports in the EU. The new Regulation aims to ensure the consistent application in the EU of the ICAO set of the aforementioned principles and guidance known as the Balanced Approach for the introduction of noise-related operating restrictions at airports. It will establish uniform procedures for the assessment and management of noise around airports. This is underpinned by the European Commission's right to review whether the process for the introduction of a noise related operating restriction was correctly followed or not. As a consequence of the strong lobbying actions in the past months, the final text is in line with the main industry s expectations and requests. Scope The rules apply only to larger airports with more than 50,000 civil aircraft movements per year. They cover civil aircraft but exclude military, customs and police movements. The setting of specific noise thresholds, however, remains prerogative of national and local authorities. Competent authorities Each European Country appoints competent authorities, and the same one will take charge of the procedures to be followed for the adoption of operating restrictions. These must be independent of any party that might have a conflict of interest. Right of review Before introducing operating restrictions, competent authorities have to give 6 months' notice to the other Member States, the European Commission and interested parties. The Commission may, within 3 months from receiving the notice, examine the case. Should the EC consider the procedures do not respect the rules, it notifies P. 3
the competent authority which must, in turn, inform it of the action the authority intends to take. Health aspects EU legislation regarding the impacts of noise on human health (Directive 2002/49/EC) must be taken into account when any decision is taken on noise reduction objectives. Assessment of noise and information for residents Competent authorities must ensure the regular monitoring of noise levels at airports for which they are responsible. If from their evaluation it emerges that operation restrictions could be a cost-effective measure to mitigate noise, a consultation process needs to be organized rapidly and interested parties have 3 months to submit their views before the adoption of restrictions. Authorities must also ensure that information on operating restrictions is promptly and freely available to local residents and local authorities. Noise mitigation measures may include the withdrawal of, or extra restrictions upon, the noisier aircraft among those permitted by ICAO rules. Authorities will decide on the annual rate for reducing the number of movements by such aircraft for each operator at a given airport, up to a maximum of 25 %. Implementation of the ICAO Balanced Approach While the previous Directive only included a general requirement for Member States to adopt the Balanced Approach in dealing with noise problems, the new Regulation details the procedural steps that have to be followed by competent authorities. These steps include the obligation to consult stakeholders and the obligation to evaluate all available measures before introducing operating restrictions. P. 4 Withdrawal of marginally compliant aircraft
The new Regulation tightens the definition of marginally compliant aircraft, allowing competent authorities to ban the operation of a wider range of aircraft at EU airports. The cumulative margin for Chapter 3 aircraft will be set at 8 EPNdB (Effective Perceived Noise in Decibels), instead of 5EPNdB, from 2016 and at 10 EPNdB after 2020. However, any withdrawal must be gradual. The maximum annual rate at which aircraft operators can be forced to reduce their number of movements with marginally compliant aircraft is 25%. Collection of noise performance data The Regulation also gives the European Commission the power to request noise performance data from airlines and manufacturers. Nevertheless, the administrative burden resulting from new reporting requirements is much lower than the one imposed by the initial proposal of the Commission. To read the complete content of the Regulation, click here: http://eur-lex.europa.eu/legal-content/en/txt/?uri=celex:32014r0598 For more information, please contact: Dott.ssa Benedetta Valenti Phone : (+39) 06 97996057 E-mail : benedetta.valenti@ssalex.com P. 5