Article 5General rules on aircraft noise management
1.Member States shall ensure that the noise situation at an individual airport as referred to in point (2) of Article 2 is assessed in accordance with Directive 2002/49/EC.
2.Member States 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, Article 8 of, and Annex V to, Directive 2002/49/EC, 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.Member States 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. Member States, or airport managing bodies, as appropriate, 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.