EHJ May 2002, pages 148-149 Tina Garrity reports on two new directives - the first looks set to restrict airport noise and the second will target ozone

One of the key sticking points in getting agreement on the draft environmental noise directive has been the European Parliament's desire for the directive to be broadened out from being a mere monitoring and assessment tool, to a much wider framework directive under which individual source-specific noise directives can be adopted.

At a Conciliation Committee meeting on 26 February this year, the Council finally agreed to the Parliament's demand and the environmental noise directive, once adopted, will require the Commission to propose directives on noise emitted by major sources such as roads, railways and airports.

Noise from aircraft is already subject to EU legislation. This has proved controversial, with some countries and airlines arguing that EU rules discriminate against older aircraft which tend to be noisier than the modern generation of jets. The US, in particular, believes that the EU rules are unfair and has in the past formally complained to the International Civil Aviation Organisation (ICAO). Now the Commission has secured agreement for a new directive establishing rules and procedures with regard to the introduction of noise-related operating restrictions at EC airports.

The directive will apply to civil airports with more than 50,000 movements of civil subsonic jet aeroplanes per calendar year. It allows member states to impose operating restrictions related to noise. In doing so, however, they must adopt a balanced approach.

The concept of a balanced approach was endorsed by the ICAO's Assembly in 2001. It consists of identifying the noise problem at an airport and then analysing the various measures available to reduce noise through the exploration of four principal elements, namely reduction at source (quieter aircraft), land-use planning and management, noise abatement operational procedures and operating restrictions.

The goal is to address the noise problem in the most cost-effective manner. Any measures adopted must not be more restrictive than necessary to meet the environmental objective established for a specific airport. They must also be non-discriminatory regarding the nationality or identity of the aircraft carrier or manufacturer.

Where member states decide to impose restrictions involving the noise performance of the aircraft, they must take into account the certification standards contained within Annex 16 of the Convention on International Civil Aviation. This categorises aircraft types according to their age and performance.

The initial standards for jet-powered aircraft designed before 1977, eg the Boeing 727 and the Douglas DC-9, were included in chapter 2 of Annex 16. Subsequently, newer aircraft, such as the Boeing 737-300/400, Boeing 767 and Airbus A319, were required to meet the stricter standards contained in chapter 3 of the Annex. In June 2001, an even stricter noise standard - chapter 4 - was adopted.

The gradual removal from EU airports of chapter 2 aircraft was completed on 1 April 2002. The EU has now turned its attention to aircraft which meet, by a certain margin, the certification limits laid down in chapter 3. These are termed "marginally compliant aircraft" in the directive.

The directive allows the introduction of restrictions aimed at the withdrawal of such aircraft, but only after an assessment of all the available measures, including operating restrictions of a partial nature, has revealed this to be necessary. Rules on how such restrictions may be applied are set out in the directive. City airports may introduce more stringent measures for such aircraft. These airports are listed in annex 1 and at present include London City, Belfast City, Berlin-Tempelhof and Stockholm Bromma. Marginally compliant aircraft registered in developing countries may be exempted for ten years on certain conditions.

When considering the imposition of operating restrictions at airports, the competent authorities will have to assess the likely costs and benefits of the various measures available and the characteristics of the airport in question. In doing so, they must consider several criteria set out in an annex to the directive. These include assessing the number of people likely to be affected by aircraft noise if the measures are not taken. There must be consultation with interested parties. These are defined as natural or legal persons affected or likely to be affected by, or having a legitimate interest in the introduction of, noise reduction measures, including operating restrictions. All interested parties must be given public notice of any new operating restriction and the reasons for it.

Regulation No. 925/1999 (concerning the registration and operation within the EC of certain types of civil subsonic jet aeroplane) is repealed by the new directive which must be implemented by 28 September 2003.

Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports. OJ L 85. 28.03.02. pp 40 - 46.

Further information on international noise standards can be found on the ICAO website at: www.icao.int/icao/en/env/noise.htm.

Information on aircraft noise legislation in the UK can be found on the Airfield Environment Federation's website at www.aef.org.uk/aefissues/noise/noise7legislation.htm

OZONE IN AMBIENT NOISE

The latest directive to be issued in the suite of pollutant specific directives emanating from the 1996 framework directive on ambient air quality assessment covers ozone. The new directive sets out the following target values (table 1) and long-term objectives (table 2) for reducing ozone concentrations in ambient air:

Guidance on selection of the daily 8-hour mean concentration and on determining the three and five year averages is given.

Under the directive, member states are required to monitor ozone levels and determine in which areas action needs to be taken to reduce levels in accordance with the above values. Action plans must be drawn up where necessary and must contain certain key elements of information, listed in the directive.

Information on ozone concentrations must be published on at least a daily basis and, wherever appropriate and practicable, on an hourly basis. Any exceedances must be notified to the public and to interested parties.

The directive sets out an information threshold (180 µg/m3 - 1 hour average) and an alert threshold (240 µg/m3 - 1 hour average) and lists the minimum details to be supplied to the public where a threshold is exceeded or where exceedance is predicted. All information published must be clear, comprehensible and accessible.

In accordance with article 7 of the 1996 framework directive on ambient air quality assessment member states must draw up action plans indicating specific measures to be taken in the short term for areas where there is a risk of exceedances of the alert threshold, if there is a significant potential for reducing that risk or for reducing the duration or severity of any exceedance of the alert threshold.

Where there is no significant potential for this member states will be exempted from article 7. In designing short-term action plans member states may provide for graduated, cost effective measures to control, reduce or suspend certain polluting activities, including motor vehicle traffic and may introduce measures on the use of industrial plants or products.

The implementation date for the directive is 9 September 2003. Guidance on implementation will be produced by the Commission by 9 September 2002. Directive 2002/3/EC of the European Parliament and of the Council of 12 February 2002 relating to ozone in ambient air. OJ L 67. 09.03.02. pp 14-30.