Activities of Marina YANNAKOUDAKIS related to 2011/0398(COD)
Shadow opinions (1)
OPINION 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
Amendments (15)
Amendment 51 #
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 52 #
Proposal for a regulation
Recital 1
Recital 1
(1) A key objective of the common transport policy is sustainable development. This requires an integrated approach aimed at ensuring both the effective functioning of Union transport systems andlongside the protection of the environment and citizens' health.
Amendment 54 #
Proposal for a regulation
Recital 4
Recital 4
(4) Resolution A33/7 of the International Civil Aviation Organisation (ICAO) introduces the concept of a ‘Balanced Approach’ to noise management and establishes a coherent method to address aircraft noise. The ICAO ‘'Balanced Approach’' focuses on four principal elements: reduction of noise at source; land-use planning and management; noise abatement operational procedures; and operating restrictions on aircraft. These principles should remain the foundation of noise regulation for aviation, as a global industry. The Balanced Approach recognises 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 risks of international disputes in case third country carriers may be affected by noise-related operating restrictions.
Amendment 55 #
Proposal for a regulation
Recital 6
Recital 6
(6) The introduction of operating restrictions by Member States at Union airports on a case-by-case basis, whilst limiting capacity, can contribute to improving the noise climate around airports. However, there is a possibility of introducing distortions of competition or hampering the overall efficiency of the Union aviation network through the inefficient use of existing capacity. Since the objectives cannot be sufficiently achieved by the Member States and can therefore be more effectively achieved by the Union by means of harmonised rules on the introduction of operating restrictions as part of the noise management process, the Union may adopt measures in accordance with the principles of subsidiarity as set out in Article 5 of the Treaty on the Functioning of the European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives. Such harmonised method does not impose noise qualityshould be carried out on a case- by-case basis. A one-size-fits all approach is not appropriate as no two airports are the same. It is important to set local objectives, which continue to derive from Directive 2002/49/EC or other European, national or local rules, and does not prejudge the concrete selection of measuresstakeholders have played a key role in selecting.
Amendment 58 #
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 restrictions may relate to noise abatement objectives, assessment methods and selection of cost-effective measures, the appeal may not suspend their implementation. Therefore,However the Ccommission should well befpetent authority ore implementation of the measures be able to use the right of scrutiny andndependent appeal body of the Member State, as referred to in this directive, has the power to suspend measures deemed to produce unwanted or irreversible consequences. It is recognised that the suspension should be for a limited period.
Amendment 63 #
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 and local rules, and to assess their interdependence with economic, social and other environmental objectives, at the level of individual airports;
Amendment 71 #
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 108EPNdB (Effective Perceived Noise in 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 of Annex 16 to the Chicago Convention;
Amendment 73 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
Amendment 93 #
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 restrictionsoperating restrictions, when there is no viable alternative.
Amendment 103 #
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 between the airport operator, aircraft operator and air navigation service provider, for actions which these operators are responsible 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, businesses, public institutions and other stakeholders, or their representatives, and provide technical information and advice on noise mitigating measures to the competent authorities.
Amendment 106 #
Proposal for a regulation
Article 5 – paragraph 6 – point a a (new)
Article 5 – paragraph 6 – point a a (new)
(a a) representatives of local businesses, regional and local authorities and public and private stakeholders
Amendment 110 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. The competent authorities shall follow up and monitor the implementation of the noise mitigating measures and take action as appropriate. They shall ensure that relevant information is provided on a regular basis to themade available on- line, thus allowing local residents living in the surroundings of the airports, and other interested parties to access the information freely.
Amendment 116 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. At the request of a Member State or on its own initiative, and without prejudice to a pending appeal procedure, the Commission may scrutinise the decision on an operating restriction, prior to its implementation. Where the Commission finds that the decision does not respect the requirements set out in this Regulation, or is otherwise contrary to Union law, it may suspend the decision.
Amendment 117 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
Amendment 118 #
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b