Activities of Jacqueline FOSTER related to 2011/0398(COD)
Plenary speeches (2)
Introduction of noise-related operating restrictions at European Union airports (debate)
Introduction of noise-related operating restrictions at European Union airports (debate)
Shadow reports (2)
RECOMMENDATION FOR SECOND READING 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 PDF (152 KB) DOC (65 KB)
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 (52)
Amendment 48 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE 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
Amendment 51 #
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 57 #
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 64 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) 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 71 #
Proposal for a regulation
Recital 11
Recital 11
(11) 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 may not (yet) be fully consistent with the method as described in the authoritative European Civil Aviation Conference Report Doc 29 on ‘'Standard Method of Computing Noise Contours around Civil Airports’' nor use the internationally recognised aircraft noise performance information. However, the efficiency and effectiveness of an operating restriction, together with the efficiency and effectiveness of the relevant action plan of which the restriction is a part, should be assessed in accordance with methods prescribed in ECAC Doc 29 and the ICAO Balanced Approach. Accordingly, Member States should adapt their assessments of operating restrictionthe noise situation around airports in national legislation towards full compliance with ECAC Doc 2Annex II of Directive 2002/49.
Amendment 81 #
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 85 #
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 andor local rules, and to assess their interdependence with other environmental objectives, at the level of individual airports;
Amendment 99 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘Balanced Approach’ means the method under which the range ofdefined in Volume 1, Part V of Annex 16 to the Chicago Convention under which all 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 addressing the noise problem in the most cost-effective way on an airport by airport basis.
Amendment 104 #
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 the 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 iIn decibels), whereby 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 4 3 of Annex 16 to the Chicago Convention;
Amendment 114 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall designate competent authorities responsible for adopting measures on operating restrictions, as well as an independent appeal body in accordance with national laws and practices.
Amendment 128 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall adopt aensure that the noise situation at an individual airport is assessed in accordance with Directive 2002/49/EC. For the airports where a noise problem has been identified, Member States shall ensure that the Balanced Approach in regard to aircraft noise management is adopted. To this end, they shall ensure that:
Amendment 133 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) assess the noise situation at an individual airportabatement objective for that airport, taking into account, as appropriate, of Article 8 and Annex V of Directive 2002/49 is defined;
Amendment 135 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) define the environmental noise abatement objectivemeasures available to reduce the noise impact are identified;
Amendment 136 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) identify measures available to reduce the noise impactthe likely cost-effectiveness of the noise mitigation measures is evaluated;
Amendment 137 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) evaluate the likely cost-effectiveness of the available measuresthe measures, taking into account public interest in the field of air transport as regards the development prospects of its airports, without detriment to safety are selected;
Amendment 141 #
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) select the measuresthe stakeholders in a transparent way on the intended actions are consulted;
Amendment 143 #
Proposal for a regulation
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
(f) consult the stakeholders in a transparent way on the intended actionsthe measures are adopted and sufficient notification is provided for;
Amendment 144 #
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;re implemented; and
Amendment 147 #
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) implement the measures; anddispute resolution is provided for.
Amendment 148 #
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
Amendment 150 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – introductory part
Article 4 – paragraph 2 – subparagraph 1 – introductory part
Member States shall, when taking ensure that, when noise- related action, consider is taken, the following combination of available measures is considered, with a view to determining the most cost-effective measure or combination of measures:
Amendment 161 #
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 restrictionsto apply operating restrictions as a first resort, but only after consideration of the other measures of the Balanced Approach.
Amendment 175 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member StatThe measures may, within the Balanced Approach, be differentiate noise mitigating measuresd according to aircraft type, runway use and/or timeframe covered.
Amendment 181 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Without prejudice to paragraph 3, oOperating restrictions which take the form of a withdrawal of marginally compliant aircraft from airport operations shall not affect civil subsonic aircraft that comply, through either original certification or recertification, with the noise standard in Volume 1, Part II, and Chapter 4 of Annex 16 to the Chicago Convention.
Amendment 184 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Measures or a combination of measures taken in accordance with this Regulation for a given airport shall not be more restrictive than necessary to achieve the environmental noise abatement objectives set for that airport. Operating restrictions shall be non-discriminatory, in particular on grounds of nationality, identity or activity of aircraft operators and be non- arbitrary.
Amendment 187 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The competent authorities shall assessensure that the noise situation at airports in their territoryfor which they are responsible is assessed on a regular basis, in accordance with the requirements of Directive 2002/49/EC and national or local rules. the legislation applicable within each Member State. The competent authorities may call on the support of the Performance Review Body referred to in Article 3 of Commission Regulation (EU) No 691/2010.18
Amendment 190 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 191 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. WhenIf theis assessment of the noise situindicates that new operationg reveals that new measures are necessary to achieve or maintain the level of noise abatement objectives, the competent authorities shall take due account of the contribution of each type of measure under the Balanced Approach, in accordance with Annex I.striction measures may be required to address a noise problem at an airport, the competent authorities shall ensure that:
Amendment 194 #
Proposal for a regulation
Article 5 – paragraph 3 – point a (new)
Article 5 – paragraph 3 – point a (new)
(a) the method, indicators and information in Annex I are applied to take due account of the contribution of each type of measure under the Balanced Approach, before introducing operating restrictions.
Amendment 196 #
Proposal for a regulation
Article 5 – paragraph 3 – point b (new)
Article 5 – paragraph 3 – point b (new)
(b) At the appropriate level, technical cooperation is established between the airport operators, aircraft operators and air navigation service providers to examine measures to mitigate noise The competent authorities shall also ensure that local residents, or their representatives, and relevant local authorities are consulted, and that technical information on noise mitigating measures is provided to them.
Amendment 198 #
Proposal for a regulation
Article 5 – paragraph 3 – point c (new)
Article 5 – paragraph 3 – point c (new)
(c) The cost-effectiveness of any new operating restriction is assessed, in accordance with Annex II. Minor technical amendments to measures without substantive implications on capacity or operations are not considered as new operating restrictions.
Amendment 201 #
Proposal for a regulation
Article 5 – paragraph 3 – point d (new)
Article 5 – paragraph 3 – point d (new)
(d) The consultation process with interested parties is organised in a timely and substantive manner, ensuring openness and transparency as regards data and computation methodology. Interested parties shall have at least three months prior to the adoption of the new operating restrictions to provide comments. The interested parties shall at least include: (i) the elected officials of the local authorities representing local residents, living in the vicinity of the airports, affected by air traffic noise; (ii) relevant airport operators; (iii) representatives of aircraft operators which may be affected by noise-related actions; (iv) relevant air navigation service providers; (v) the Network Manager, as defined in Commission Regulation No 677/2011; (vi) where applicable, the designated slots coordinator.
Amendment 202 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 207 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 211 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 215 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 221 #
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 226 #
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 230 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point d
Article 6 – paragraph 2 – subparagraph 1 – point d
Amendment 234 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 238 #
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 any costs for providing these data.
Amendment 246 #
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 environmental objectivenoise abatement 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 249 #
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 at that airport. This annual rate shall not be more than 20% 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 256 #
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 or diplomatic purposes.
Amendment 272 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) amendments of the definitions of aircraft in Article 2 point (3) and of marginally compliant aircraft in Article 2 point (4);, with regard to ICAO rules and policies
Amendment 281 #
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 Edition.Annex II of Directive 2002/49
Amendment 284 #
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 297 #
Proposal for a regulation
Annex 2 – heading 1
Annex 2 – heading 1
Assessment of the cost-effectiveness of noise-related operating restrictions mitigating measures in the context of the balanced approach
Amendment 302 #
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 318 #
Proposal for a regulation
Annex 2 – paragraph 2 – point 1
Annex 2 – paragraph 2 – point 1
Amendment 321 #
Proposal for a regulation
Annex 2 – paragraph 2 – point 2
Annex 2 – paragraph 2 – point 2
2) Environmental sustainability, including iInterdependencies between noise and emissions;
Amendment 322 #
Proposal for a regulation
Annex 2 – paragraph 2 – point 3
Annex 2 – paragraph 2 – point 3
3) Direct, indirect and catalytic employment effectand economic effects, including potential effects on regional economies.