COURTESY TRANSLATION ORDINANCE (PORTARIA) 303-A / 2004 Council Regulation (EEC) Nº 2408/92 of 23 July 1992 on access for Community air carriers to intra-community air routes lays down, in articles 8 and 9, the possibility of limiting the exercise of traffic rights, through publication of operational standards, either, on a Community level, or domestic, regional or local, which aim, namely, to protect the environment. Within the context of the above provisions, Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 has been published, concerning the establishment of rules and procedures to restrict operations relating to the noise at community airports. In order to ensure, at national level, the efficient development of the transports systems and environmental protection, the mentioned Directive has been transposed to Portuguese legislation through Decreto-Lei nº. 293/2003, of 19 November. Provisions of paragraph 1 of article 4 of this Decreto-Lei set out the assessment of aircraft noise management measures for each airport, taking into account the criteria provided thereon. Such noise management measures imply, necessarily, operation restrictions during night period, especially as far as noisier aircraft are concerned. An Ordinance ( Portaria ) signed by the Ministers of Public Works, Transports and Housing and of Urban affairs, Space Planning and Environment shall, under provisions of paragraph 5 of article 4 of Decreto-Lei 293/2003, of 19 November, bind such restrictions.
Whereas Lisbon Airport is the only one which traffic flow falls within the concept of airport set out in article 3 of this Decreto-Lei, and, therefore, the only one subject to the application of the regime provided therein; Whereas the specific characteristics of this airport and the application of balanced criteria; It has been decided to apply noise abatement measures at source, adopting rules to govern the aircraft performance and maintenance of airport operating procedures allowing controlling the noise, as it happens in this airport, through the performance of a noise monitoring system. A balanced framework of restrictions on the aircraft operations has also been adopted, combined with a maximum number of air movements allowed between 00:00 and 06:00 hours and the obligation of complying with certain operating procedures. The fact that Portugal is responsible for the EURO 2004 implies an undeniable national interest, as stated in the Resolution of the Council of Ministers nº. 117/98, of 3 September. Taking into account the approaching of this event, and according to provisions of paragraph 6 of article 4 of Decreto-Lei nº 293/2003, of 19 November, which allows exemption of operational restrictions hereby implemented, this Ordinance ( Portaria ) provides that such provisions shall not be applicable to air movements directly related to Euro 2004. The exceptionality of such an exemption relies upon the nature and amplitude of Euro 2004, involving numerous aspects worthy to be considered, namely transports, lodgement, security and safety, frontiers services and promotion of this event, among others.
Whereas the arrival in Portugal, the mobility within Lisbon and the departure of such a great number of visitors, arise considerable logistic and organization problems; Whereas it is predictable that most of the visitors will come by plane, which, within a short period of high air traffic intensity, jeopardizes the capacity of Lisbon Airport; Whereas the Portuguese Government, upon Portuguese stand for candidacy of Euro 2004 organization, has undertaken the responsibility to ensure its support to the terms of reference of such an event; It can be concluded that all requirements are met to exempt, on an exceptional basis, the air movements referring to this special event - Euro 2004 - on the restrictions provided for in paragraphs 1, 2 and 4 of article 2 of this Ordinance ( Portaria ). Such an exemption applies to the period between 10 June and 6 July 2004. Therefore, the Portuguese Government, through the Ministers of Public Works, Transports and Housing and Urban Affairs, Space Planning and Environment, under provisions of paragraphs 5 and 6 of article 4 of Decreto-Lei nº 293/2003, of 19 November, orders the following: Article 1 Objectives and scope 1 This regulation provides for operational restrictions related with noise, adequate to the environmental aim laid down for Lisbon Airport; 2 For the purposes of nº 1, the environmental aim covers the following aspects:
a) To optimise the airport capacity in a compatible way with environment; b) To obtain the utmost possible environmental benefits, through the adoption of efficient measures; c) To reduce the number of inhabitants severely affected by aircraft noise. Article 2 Operational restrictions 1 - At Lisbon Airport, the night traffic is restricted between 00:00 and 06:00. 2 The number of movements allowed within that period, per week, shall not exceed a total of 91. 3 In any case, the number of air movements per night period (NP) shall not exceed the double of the daily movements in which: NP = Limit per week Nr. of days of the week 4 The authorization for the air movements during the night period is also conditioned to the noise levels of the aircraft concerned, under the provisions of the items below. 5 For the purposes of effective perceived noise levels established by ICAO, aircraft are classified as follows: Level 0 Level 0,5 Level 1 Level 2 Level 4 Level 8 Level 16 below 87 EPNdB between 87 and 89.9 EPNdB between 90 and 92.9 EPNdB between 93 and 95.9 EPNdB between 96 and 98.9 EPNdB between 99 and 101.9 EPNdB above 101.9 EPNdB
6 The noise level classification of an aircraft either at landing or at take-off is given by the values indicated in the aircraft manufacturer s noise certificate, taking into account the reference points specified in the technical standards applicable to the approach, overflight, take-off and lateral procedures, at full power. 7 Notwithstanding provisions of articles 7 and 8 of Decreto-Lei nº. 293/2003 of 19 November on the exemption of aircraft registered in developing countries and the applicability of an exemption to the operation of aircraft under exceptional circumstances, the aircraft to operate in the night air movements allowed in the period referred to in item 1 shall comply with the following requirements: a) The aircraft classified in levels 8 and 16 cannot be scheduled for the night period; b) The aircraft classified in level 4 cannot be scheduled to take off during night period on scheduled air services; c) The aircraft classified in level 2 can be scheduled to take off between 00:00 and 00:30 as well as from 05:00 thereon; d) The aircraft classified in both levels 0, 0.5 and 1 are not subject to restrictions; 8 The aircraft falling into the criteria set out in item 8 of this article authorised to land during the night period are forbidden to reverse thrust, right after landing. 9 Notwithstanding compliance with provisions of nºs. 2 and 10, the operating restrictions set out in this article shall not apply to the following cases of force majeure: a) Aircraft operating humanitarian, emergency or evacuation missions;
b) Aircraft to come across with urgent situations, taking into account weather, technical failure or flight security reasons; c) Air movements previously and exceptionally approved by the National Authority (INAC), taking into account reasons of recognized public interest, under the provisions of paragraph 7 of article 4 of Decreto-Lei N º 293/2003, of 19 November. d) Air movements subject to an unforeseen schedule alteration due to abnormal disturbance within air traffic control; e) Air movements operated up to 01:00 which were actually scheduled for periods up to 00:00, due to delays for which neither the airport management authority nor the operator were to blame; f) Air movements from/to Autonomous Regions of Madeira and Azores, due to meteorological conditions; g) Landings operated during the period comprised between 05:00 and 06:00, due to weather reasons, as far as the arrival had been scheduled for a time after 06:00. 10 For the purpose of compliance with provisions of paragraph 4 of this article, the operator shall, when applying for a slot, provide the information contained in the noise certificate of the aircraft manufacturer 11 After every landing, the slots allocation management authority may obtain from the airport management authority the confirmation of the noise level set out in the aircraft noise certificate. Article 3 Procedures leading to operation restrictions 1 When aircraft are operated according to instrument flight rules or visual flight rules, procedures relating to approach, take-off and landing shall be strictly complied with.
2 Technical standards on approach, take off and landing referred to in the above paragraph are published in AIP (Aeronautical Information Publication) Portugal, so that operation restrictions set forth in Chapter II of Decreto-Lei nº. 293/2003, of 19 November, might be complied with. 3 Flight crew members shall abide by instructions contained in the flight operations manual regarding noise abatement during approach, landing and take off procedures. 4 The instructions contained in the above paragraph must comply with standards and procedures set in ICAO PAN OPS, Volume I. Article 4 Aircraft performance 1 Notwithstanding provisions of articles 6 and 7 of Decreto-Lei n º 293/2003, of 19 November, the aircraft authorized to operate landings and take off at Lisbon Airport, must comply with technical characteristics according to ICAO requirements, established in accordance with Annex 16 to the Convention on Civil Aviation Organization, Volume 1, Chapter 3, third edition (July 1993). 2 - For the purpose of enforcing the provisions of paragraph 5 of article 2, air carriers and other operators should prove before the airport managing authority that they are authorized by National Institute of Civil Aviation (INAC) to operate the aircraft registered in the respective air operator certificate, below the noise levels, as per the airworthiness certificate or the aircraft noise certificate, as applicable.
Article 5 Supervising 1 The managing authority of Lisbon Airport shall provide INAC, at the end of each IATA period, with reports showing the results of the control on the noise and track monitoring system relating to the environmental objective set out for Lisbon Airport. 2 Under provisions of paragraph 2 of article 11 of Decreto-Lei nº 293/2003, of 19 November, Lisbon Airport managing entity shall report to INAC any facts or acts which might violate the operation restrictions laid down in articles 2 and 3 of this Ordinance (Portaria) and might constitute infringements as set out in this legal document. Article 6 Exempting Standard 1 Under the provisions of paragraph 6 of article 4 of Decreto-Lei nº 293/2003, of 19 November, the restrictions set out in the paragraphs 1, 2 and 4 of article 2 of this legal document, are not applicable to air movements relating to the special event Euro 2004, during the period comprised between 10 June and 6 July 2004. 2 The slots applications for the air movements specified in 1) above, shall contain the reference to the air transport of passengers or cargo for the special event Euro 2004. 3 The provisions specified in 2- above shall not apply to air movements not including the reference to the air transport of passengers or cargo to the
special event Euro 2004. In such cases, flights shall be subject to provisions set out in previous articles pertaining to this regulation. Article 7 Entry into force This Ordinance (Portaria) shall enter into force on 28 March 2004. Done at Lisbon, on 9 March 2004. The Minister of Public Works, Transports and Housing The Minister of Urban Affairs, Space Planning and Environment