Regulation (EU) No 598/2014 of the European Parliament and of the CouncilDangos y teitl llawn

Article 1 U.K. Subject matter, objectives and scope

1. This Regulation lays down, where a noise problem has been identified, rules on the process to be followed for 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 potentially harmful effects of aircraft noise, in accordance with the Balanced Approach.

2. The objectives of this Regulation are:

(a) to facilitate the achievement of specific noise abatement objectives, including health aspects, at the level of individual airports, while respecting relevant [F1 legislation within the United Kingdom];

(b) to enable the use of operating restrictions 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.

3. This Regulation shall apply to aircraft engaged in civil aviation. It shall not apply to aircraft engaged in military, customs, police or similar operations.

Textual Amendments

F1 Words in Art. 1(2)(a) substituted (31.12.2020) by The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. Definitions

For the purpose of this Regulation, the following definitions shall apply:

(1)

‘aircraft’ means fixed-wing aircraft with a maximum certificated take-off mass of 34 000 kg or more, or with a certificated maximum internal accommodation for the aircraft type in question consisting of 19 passenger seats or more, excluding any seats for crew only;

(2)

‘airport’ means an airport which has more than 50 000 civil aircraft movements per calendar year (a movement being a take-off or landing), on the basis of the average number of movements in the last three calendar years before the noise assessment;

(3)

‘Balanced Approach’ means the process developed by the International Civil Aviation Organization under which the range of available measures, namely the 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 a view to addressing the noise problem in the most cost-effective way on an airport-by-airport basis;

(4)

‘marginally compliant aircraft’ means aircraft which are certified in accordance with limits laid down in Volume 1, Part II, Chapter 3 of Annex 16 to the Convention on International Civil Aviation signed on 7 December 1944 (the Chicago Convention) by a cumulative margin of less than 8 EPNdB (Effective Perceived Noise in Decibels) during a transitional period ending on 14 June 2020, and by a cumulative margin of less than 10 EPNdB following the end of that transitional period, 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 defined in Volume 1, Part II, Chapter 3 of Annex 16 to the Chicago Convention;

(5)

‘noise-related action’ means any measure that affects the noise climate around airports, for which the principles of the Balanced Approach apply, including other non-operational actions that can affect the number of people exposed to aircraft noise;

(6)

‘operating restriction’ means a noise-related action that limits access to or reduces the operational capacity of an airport, including operating restrictions aimed at the withdrawal from operations of marginally compliant aircraft at specific airports as well as operating restrictions of a partial nature, which for example apply for an identified period of time during the day or only for certain runways at the airport.

(7)

[F2 ‘relevant authority’ means—

(a)

in relation to England and Wales, the Secretary of State;

(b)

in relation to Northern Ireland, the Northern Ireland Department for Infrastructure; and

(c)

in relation to Scotland, the Scottish Ministers.

(8)

‘relevant environmental noise regulations’ means—

(a)

in relation to England, the Environmental Noise (England) Regulations 2006;

(b)

in relation to Northern Ireland, the Environmental Noise Regulations (Northern Ireland) 2006;

(c)

in relation to Scotland, the Environmental Noise (Scotland) Regulations 2006; and

(d)

in relation to Wales, the Environmental Noise (Wales) Regulations 2006.]

Textual Amendments

F2 Art. 2(7)(8) inserted (31.12.2020) by The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. Competent authorities

1. [F3 Where an airport is located in Great Britain, the Secretary of State, or in Northern Ireland, the Northern Ireland Department for Infrastructure,] shall designate one or more competent authorities responsible for the process to be followed when adopting operating restrictions.

2. The competent authorities shall be independent of any organisation which could be affected by noise-related action. That independence may be achieved through a functional separation.

F4 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Words in Art. 3(1) substituted (31.12.2020) by The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 3(3) omitted (31.12.2020) by virtue of The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 4 U.K. Right of appeal

1. [F5 The relevant authority] shall ensure the right to appeal against operating restrictions adopted pursuant to this Regulation before an appeal body other than the authority that adopted the contested restriction, in accordance with national legislation and procedures.

F6 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Words in Art. 4(1) substituted (31.12.2020) by The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 4(2) omitted (31.12.2020) by virtue of The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K. General rules on aircraft noise management

F7 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. [F8 The competent authority] shall ensure that the Balanced Approach is adopted in respect of aircraft noise management at those airports where a noise problem has been identified. To that end, they shall ensure that:

(a) the noise abatement objective for that airport, taking into account, as appropriate, [F9 requirements relating to action plans under the relevant environmental noise regulations], is defined;

(b) measures available to reduce the noise impact are identified;

(c) the likely cost-effectiveness of the noise mitigation measures is thoroughly evaluated;

(d) the measures, taking into account public interest in the field of air transport as regards the development prospects of their airports, are selected without detriment to safety;

(e) the stakeholders are consulted in a transparent way on the intended actions;

(f) the measures are adopted and sufficient notification is provided for;

(g) the measures are implemented; and

(h) dispute resolution is provided for.

3. [F10 The competent authority] shall ensure that, when noise-related action is taken, the following combination of available measures is considered, with a view to determining the most cost-effective measure or combination of measures:

(a) the foreseeable effect of a reduction of aircraft noise at source;

(b) land-use planning and management;

(c) noise abatement operational procedures;

(d) not applying operating restrictions as a first resort, but only after consideration of the other measures of the Balanced Approach.

The available measures may if necessary include the withdrawal of marginally compliant aircraft. [F11 Airport] managing bodiesF12 ... may offer economic incentives to encourage aircraft operators to use less noisy aircraft during the transitional period referred to in point (4) of Article 2. Those economic incentives shall comply with the applicable rules on State aid.

4. The measures may, within the Balanced Approach, be differentiated according to aircraft type, aircraft noise performance, use of airport and air navigation facilities, flight path and/or the timeframe covered.

5. Without prejudice to paragraph 4, operating restrictions which take the form of the withdrawal of marginally compliant aircraft from airport operations shall not affect civil subsonic aircraft that comply, through either original certification or re-certification, with the noise standard laid down in Volume 1, Part II, Chapter 4 of Annex 16 to the Chicago Convention.

6. Measures or a combination of measures taken in accordance with this Regulation for a given airport shall not be more restrictive than is necessary in order to achieve the environmental noise abatement objectives set for that airport. Operating restrictions shall be non-discriminatory, in particular on grounds of nationality or identity, and shall not be arbitrary.

Textual Amendments

F7 Art. 5(1) omitted (31.12.2020) by virtue of The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 5(2) substituted (31.12.2020) by The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(7)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 5(2)(a) substituted (31.12.2020) by The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(7)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 5(3) substituted (31.12.2020) by The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(7)(c); 2020 c. 1, Sch. 5 para. 1(1)

F11 Word in Art. 5(3) substituted (31.12.2020) by The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(7)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 5(3) omitted (31.12.2020) by virtue of The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(7)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K. Rules on noise assessment

1. The competent authorities shall ensure that the noise situation at airports for which they are responsible is assessed on a regular basis, in accordance with [F13 the relevant environmental noise regulations].

2. If the assessment referred to in paragraph 1 indicates that new operating restriction measures may be required to address a noise problem at an airport, the competent authorities shall ensure that:

(a) the method, indicators and information in Annex I are applied in such a way as to take due account of the contribution of each type of measure under the Balanced Approach, before operating restrictions are introduced;

(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 mitigation measures is provided to them;

(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 shall not be considered new operating restrictions;

(d) the process of consultation with interested parties, which may take the form of a mediation process, is organised in a timely and substantive manner, ensuring openness and transparency as regards data and computation methodologies. Interested parties shall have at least three months prior to the adoption of the new operating restrictions to submit comments. The interested parties shall include at least:

(i)

local residents living in the vicinity of the airport and affected by air traffic noise, or their representatives, and the relevant local authorities;

(ii)

representatives of local businesses based in the vicinity of the airport, whose activities are affected by air traffic and the operation of the airport;

(iii)

relevant airport operators;

(iv)

representatives of those aircraft operators which may be affected by noise-related actions;

(v)

the relevant air navigation service providers;

(vi)

[F14 Eurocontrol, as defined in Article 2(20) of Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky;]

(vii)

where applicable, the designated slots coordinator.

3. The competent authorities shall follow up and monitor the implementation of the operating restrictions and take action as appropriate. They shall ensure that relevant information is made available free of charge and that it is readily and promptly accessible to local residents living in the vicinity of the airports and to the relevant local authorities.

4. The relevant information may include:

(a) while respecting national law, information on alleged infringements due to changes in flight procedures, in terms of their impact and the reasons why such changes were made;

(b) the general criteria applied when distributing and managing traffic in each airport, to the extent that those criteria may have an environmental or noise impact; and

(c) data collected by noise measuring systems, if available.

Textual Amendments

F13 Words in Art. 6(1) substituted (31.12.2020) by The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F14 Art. 6(2)(d)(vi) substituted (31.12.2020) by The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K. Noise performance information

1. Decisions on noise-related operating restrictions shall be based on the noise performance of the aircraft as determined by the certification procedure conducted in accordance with Volume 1 of Annex 16 to the Chicago Convention, sixth edition of March 2011.

2. At the request of the [F15 Civil Aviation Authority], aircraft operators shall communicate the following noise information in respect of the aircraft that they operate at [F16 United Kingdom] airports:

(a) the aircraft nationality and registration mark;

(b) the noise documentation of the aircraft used, together with the associated maximum take-off weight;

(c) any modification of the aircraft which affects its noise performance and is stated on the noise documentation.

3. Upon request of the [F17 Civil Aviation Authority], holders of an aircraft type certificate or a supplemental type certificate issued in accordance with Regulation (EC) No 216/2008 of the European Parliament and of the Council(1), and legal or natural persons operating aircraft for which no type certificate has been issued under that Regulation, shall provide aircraft noise and performance information for noise modelling purposes. The [F17 Civil Aviation Authority] shall specify the data required and the timeframe for, and the form and manner of, its provision. The [F17 Civil Aviation Authority] shall verify the received aircraft noise and performance information for modelling purposes and shall make the information available to other parties for noise modelling purposes.

4. The data referred to in paragraphs 2 and 3 of this Article shall be limited to what is strictly necessary and shall be provided free of charge, in electronic form and using the format specified, where applicable.

5. The [F18 Civil Aviation Authority] shall verify the aircraft noise and performance data for modelling purposes in relation to its tasks performed in accordance with Article 6(1) of Regulation (EC) No 216/2008.

6. Data shall be stored in a central database and made available to competent authorities, aircraft operators, air navigation service providers and airport operators for operational purposes.

Textual Amendments

F15 Words in Art. 7(2) substituted (31.12.2020) by The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(9)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 7(2) substituted (31.12.2020) by The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(9)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 7(3) substituted (31.12.2020) by The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 7(5) substituted (31.12.2020) by The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.K. Rules on the introduction of operating restrictions

1. Before introducing an operating restriction, the competent authorities shall give F19 ... six months’ notice, ending at least two months prior to the determination of the slot coordination parameters as defined in point (m) of Article 2 of Council Regulation (EEC) No 95/93(2) for the airport concerned for the relevant scheduling period [F20 , to:

(a) the relevant authority if that authority is not the competent authority; and

(b) the relevant interested parties].

2. Following the assessment carried out in accordance with Article 6, the notification shall be accompanied by a written report in accordance with the requirements specified in Article 5 explaining the reasons for introducing the operating restriction, the noise abatement objective 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 consideredF21 ....

F22 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. Where the operating restriction concerns the withdrawal of marginally compliant aircraft from an airport, no additional services above the number of movements with marginally compliant aircraft in the corresponding period of the previous year shall be allowed at that airport six months after the notification referred to in paragraph 1. The [F23 relevant authority] shall ensure that the competent authorities decide on the annual rate for reducing the number of movements of marginally compliant aircraft 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 Article 5(4), that rate shall not be more than 25 % of the number of movements of marginally compliant aircraft for each operator serving that airport.

Textual Amendments

F19 Words in Art. 8(1) omitted (31.12.2020) by virtue of The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(10)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 8(1) inserted (31.12.2020) by The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(10)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 8(2) omitted (31.12.2020) by virtue of The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(10)(b); 2020 c. 1, Sch. 5 para. 1(1)

F22 Art. 8(3) omitted (31.12.2020) by virtue of The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(10)(c); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 8(4) substituted (31.12.2020) by The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(10)(d); 2020 c. 1, Sch. 5 para. 1(1)

Article 9 U.K. Developing countries

1. In order to avoid undue economic hardship, the competent authorities may exempt marginally compliant aircraft registered in developing countries from noise operating restrictions, while fully respecting the principle of non-discrimination, provided that such aircraft:

(a) are granted a noise certification to the standards specified in Chapter 3, Volume 1 of Annex 16 to the Chicago Convention;

(b) were operated in the [F24 United Kingdom] during the five-year period preceding the entry into force of this Regulation;

(c) were on the register of the developing country concerned in that five-year period; and

(d) continue to be operated by a natural or legal person established in that country.

F25 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Words in Art. 9(1)(b) substituted (31.12.2020) by The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F25 Art. 9(2) omitted (31.12.2020) by virtue of The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(11)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 10 U.K. Exemption for aircraft operations of an exceptional nature

The competent authorities may, on a case-by-case basis, authorise individual operations at airports for which they are responsible in respect of marginally compliant aircraft which could not otherwise take place on the basis of this Regulation.

The exemption shall be limited to:

(a)

operations which are of such an exceptional nature that it would be unreasonable to withhold a temporary exemption, including humanitarian aid flights; or

(b)

non-revenue flights for the purpose of alterations, repair or maintenance.

Article 11 U.K. Delegated acts

The [F26 The Secretary of State may make regulations] concerning:

(a)

technical updates to the noise certification standards provided for in Article 5(5) and point (a) of Article 9(1), and to the certification procedure provided for in Article 7(1);

(b)

technical updates to the methodology and indicators set out in Annex I.

The purpose of those updates shall be to take into account changes to relevant international rules, as appropriate.

Textual Amendments

F26 Words in Art. 11(1) substituted (31.12.2020) by The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(12); 2020 c. 1, Sch. 5 para. 1(1)

[F27 Article 12 U.K. Regulations

1. Regulations made under this Regulation are to be made by statutory instrument.

2. Regulations made under this Regulation are subject to annulment in pursuance of a resolution of either House of Parliament.

3. Regulations made under this Regulation may—

(a) make different provision for different purposes or areas;

(b) include supplementary, incidental or consequential provision;

(c) make transitional, transitory or saving provision.]

Textual Amendments

F27 Art. 12 substituted (31.12.2020) by The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(13); 2020 c. 1, Sch. 5 para. 1(1)

F28 Article 13 U.K. Information and revision

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28 Art. 13 omitted (31.12.2020) by virtue of The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(14); 2020 c. 1, Sch. 5 para. 1(1)

Article 14 U.K. Existing operating restrictions

Noise-related operating restrictions which were already introduced before 13 June 2016 shall remain in force until the competent authorities decide to revise them in accordance with this Regulation.

Article 15 U.K. Repeal

Directive 2002/30/EC is repealed with effect from 13 June 2016.

Article 16 U.K. Transitional provisions

Notwithstanding Article 15 of this Regulation, noise-related operating restrictions adopted after 13 June 2016 may be adopted in accordance with Directive 2002/30/EC where the consultation process prior to their adoption was ongoing at that date and provided that those restrictions are adopted at the latest one year after that date.

Article 17 U.K. Entry into force

This Regulation shall enter into force on 13 June 2016.

F29 ...

Done at Strasbourg, 16 April 2014.

For the European Parliament

The President

M. Schulz

For the Council

The President

D. Kourkoulas

Textual Amendments

F29 Words in Signature omitted (31.12.2020) by virtue of The Aviation Noise (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/643), regs. 1(2), 5(15); 2020 c. 1, Sch. 5 para. 1(1)