Ordinance of 18 June 1998 concerning the restriction on the
use of chapter 2 aircraft at the Paris-Charles-de-Gaulle Airport
(Val-d'Oise)
NOR: EQUA9800752A
The Minister of Equipment, Transport and Housing,
Considering the international civil aviation agreement signed
at Chicago 7 December 1944, and especially Annex 6 and
the second part of the first volume of Annex 16;
Considering Regulation (EEC) number 2408/92 of the Council of
23 July 1992 concerning the access of Community (i.e.
EEC) airlines to intra-Community connections, and especially its
Article 82;
Considering the civil aviation code, and especially Articles R. 221-3
and R. 2261 to R. 2266,
Decrees:
1st Article. - Conforming to the clauses of
Article R. 2213 of the civil aviation code and with
the intent of reducing noise nuisance around Paris-Charles-de-Gaulle
Airport (Vald'Oise), the following usage restrictions are
decreed for this airport.
I. In the interpretation of the current ordinance,
one means by:
- "Operator," the technical operator of an airplane;
- "Chapter 2 Aircraft," airplanes equipped with jet
engines for which the noise certification complies with the rules
stated in chapter 2 of the second part of the first volume of
Annex 16 of the relevant international civil aviation agreement
of 7 December 1944 and which do not comply with the
rules stated in Chapter 3 of the second part of the first volume
of Annex 16 of the aforementioned agreement;
- "Chapter 3 Aircraft," airplanes equipped with jet
engines for which the noise certification complies with the rules
stated in Chapter 3 of the second part of the first volume of
Annex 16 of the agreement of 7 December 1944 mentioned
above;
- "Sound energy of an airplane takeoff," the value
of WD defined by the following formula:
where,
Ls represents the value of the certified noise level
of this airplane at the fly over point, conforming to the rules
stated in Annex 16 of the agreement referred to above
- "Sound energy of airplane landing," the value WA
defined by the following formula:
where,
LA represents the value of the certified noise level
of this airplane at the approach" point, conforming to the
rules stated in Annex 16 of the agreement referred to above:
- "Chapter 2 Noise Index for the year n," for
an aircraft operator, the value In defined by
the following formula:
where,
represents the highest level of the two following numbers:
Cumulation, for the year 1997, of the sound energy of the
landings, at Paris-Charles-de-Gaulle Airport, of the aircraft
of this operator which depends on Chapter 2; when the operator
has begun flights at Paris-Charles-de-Gaulle Airport during the
course of the year 1997 for the first time, the cumulation is
calculated by extending the duration of the operation to the whole
year;
joules;
represents the highest of the following two numbers:
The cumulation, for the year 1997, of the sound energy of
takeoffs, at Paris-Charles-de-Gaulle Airport, of the aircraft
of this operator which depend on Chapter 2; when the operator
has begun flights from Paris-Charles-de-Gaulle Airport during
the course of the year 1997 for the first time, this cumulation
is calculated by extending the duration of the operation to the
whole year
joules.
represents the cumulation, for the year n, of the sound
energy of landings, at Paris-Charles-de-Gaulle Airport, for aircraft
for this operator which depend on Chapter 2.
represents the cumulation, for the year n, of the sound energy
of takeoffs, at Paris-Charles-de-Gaulle Airport, for aircraft
for this operator which depend on Chapter 2.
When an operator is led to transfer all or some of his activity
from Paris-Orly Airport to Paris-Charles-de-Gaulle Airport by
application of a regulatory provision, the cumulative sound energies
and 
are augmented by the sound energy corresponding to the flights
operated in 1997 by this operator at Paris-Orly Airport in virtue
of the activity transferred to Paris-Charles-de-Gaulle Airport.
The landings or takeoffs of an airplane are not taken into account
for the calculation of the Chapter 2 index from the time when
the operator was able to demonstrate that this airplane is utilized
with the operational limits which have permitted, in other countries,
with an acoustic certification consistent with the rules stated
in Chapter 3 of the second part of the first volume of Annex 16
of the agreement referred to above.
II. Taking note of the provisions of III, IV &
V of the present article, beginning 1 July 1998, at
Paris-Charles-de-Gaulle Airport, the takeoff or landing of any
Chapter 2 airplane is forbidden when this takeoff or landing exceeds,
in the course of the year considered, the maximum following value
of the chapter 2 index of the operator on which it depends:
- the value of 85 for the year 1998 or 35 for the second half of the year 1998;
- the value of 65 for the year 1999;
- the value 45 for the year 2001;
- the value 5 for the year 2002.
The values for the year 2001 and 2002 will be reviewed depending
on the actual evolution of noise nuisance due to the airport.
III. The Civil Aviation Minister is able to grant,
for a given year, the authorization to exceed, to the limit of
40%, the maximum value of the chapter 2 noise index "indicated"
in II of the present article to operators who, taking into account
especially the composition of their fleet of airplanes, provide
proof of one hand, that their activities in obtaining such a reduction
would be unreasonably compromised, and on the other hand, that
they have engaged a program looking to deminish the sound energy
resulting from the operation a Paris-Charles-de-Gaulle Airport,
of their Chapter 2 aircraft.
The limit of this exceedance is increased to 80% for operators
whose fleet is at most four airplanes.
The request for exceedance must be addressed to the Civil Aviation
Minister not later than 31 March of the year for which the
exceedance is solicited. For 1998 the request must be addressed
not later than 1 September 1998.
IV. By exceptional claim, the provisions of this
decree are not applicable to the landing or takeoff of Chapter
2 aircraft in the following cases, and with justification by the
aircraft operator sent within 48 hours after the fact by registered
mail with an acknowledgment of receipt, to the Civil Cviation
Minister (General Office of Civil Aviation):
- Aircraft carrying out missions of a health or humanitarian nature
- Emergency for reasons of flight safety
V. The Civil Aviation Minister is able to grant
to an operator an exceedance to the Chapter 2 Noise Index which
would not be able to be accorded by virtue of other provisions
of this article when the implementation of security measures does
not permit the utilization by this operator of his Chapter 3 aircraft.
VI. The value of the annual Chapter 2 Noise Indices
as well as the list of reductions and authorizations awarded conforming
to III, IV, and V of the present article, are made public.
VII. The operator sends to the Civil Aviation Minister
(General Office of Civil Aviation) the acoustic certification
values LS and LA referred to the first Article
for each airplane which operates at Paris-Charles-de-Gaulle Airport.
This information is sent in the month which follows the first operation.
2nd Article. - The Director General of Civil
Aviation and the Director General of Paris Airports are charged,
each according to his responsibility, with the execution of the
present notice, which will be published in the Official Journal
of the French Republic.
Made in Paris, 18 June 1998
Jean-Claude Gayssot
where,
Ls represents the value of the certified noise level
of this airplane at the fly over point, conforming to the rules
stated in Annex 16 of the agreement referred to above
- "Sound energy of airplane landing," the value WA
defined by the following formula:
where,
LA represents the value of the certified noise level
of this airplane at the approach" point, conforming to the
rules stated in Annex 16 of the agreement referred to above:
- "Chapter 2 Noise Index for the year n," for
an aircraft operator, the value In defined by
the following formula:
where,
represents the highest level of the two following numbers:
Cumulation, for the year 1997, of the sound energy of the
landings, at Paris-Charles-de-Gaulle Airport, of the aircraft
of this operator which depends on Chapter 2; when the operator
has begun flights at Paris-Charles-de-Gaulle Airport during the
course of the year 1997 for the first time, the cumulation is
calculated by extending the duration of the operation to the whole
year;
joules;
represents the highest of the following two numbers:
The cumulation, for the year 1997, of the sound energy of
takeoffs, at Paris-Charles-de-Gaulle Airport, of the aircraft
of this operator which depend on Chapter 2; when the operator
has begun flights from Paris-Charles-de-Gaulle Airport during
the course of the year 1997 for the first time, this cumulation
is calculated by extending the duration of the operation to the
whole year
joules.
represents the cumulation, for the year n, of the sound
energy of landings, at Paris-Charles-de-Gaulle Airport, for aircraft
for this operator which depend on Chapter 2.
represents the cumulation, for the year n, of the sound energy
of takeoffs, at Paris-Charles-de-Gaulle Airport, for aircraft
for this operator which depend on Chapter 2.
When an operator is led to transfer all or some of his activity
from Paris-Orly Airport to Paris-Charles-de-Gaulle Airport by
application of a regulatory provision, the cumulative sound energies
and are augmented by the sound energy corresponding to the flights
operated in 1997 by this operator at Paris-Orly Airport in virtue
of the activity transferred to Paris-Charles-de-Gaulle Airport.
The landings or takeoffs of an airplane are not taken into account for the calculation of the Chapter 2 index from the time when the operator was able to demonstrate that this airplane is utilized with the operational limits which have permitted, in other countries, with an acoustic certification consistent with the rules stated in Chapter 3 of the second part of the first volume of Annex 16 of the agreement referred to above. II. Taking note of the provisions of III, IV & V of the present article, beginning 1 July 1998, at Paris-Charles-de-Gaulle Airport, the takeoff or landing of any Chapter 2 airplane is forbidden when this takeoff or landing exceeds, in the course of the year considered, the maximum following value of the chapter 2 index of the operator on which it depends: - the value of 85 for the year 1998 or 35 for the second half of the year 1998; - the value of 65 for the year 1999; - the value 45 for the year 2001; - the value 5 for the year 2002.
The values for the year 2001 and 2002 will be reviewed depending on the actual evolution of noise nuisance due to the airport. III. The Civil Aviation Minister is able to grant, for a given year, the authorization to exceed, to the limit of 40%, the maximum value of the chapter 2 noise index "indicated" in II of the present article to operators who, taking into account especially the composition of their fleet of airplanes, provide proof of one hand, that their activities in obtaining such a reduction would be unreasonably compromised, and on the other hand, that they have engaged a program looking to deminish the sound energy resulting from the operation a Paris-Charles-de-Gaulle Airport, of their Chapter 2 aircraft. The limit of this exceedance is increased to 80% for operators whose fleet is at most four airplanes.
The request for exceedance must be addressed to the Civil Aviation
Minister not later than 31 March of the year for which the
exceedance is solicited. For 1998 the request must be addressed
not later than 1 September 1998.
IV. By exceptional claim, the provisions of this
decree are not applicable to the landing or takeoff of Chapter
2 aircraft in the following cases, and with justification by the
aircraft operator sent within 48 hours after the fact by registered
mail with an acknowledgment of receipt, to the Civil Cviation
Minister (General Office of Civil Aviation):
- Aircraft carrying out missions of a health or humanitarian nature
- Emergency for reasons of flight safety
V. The Civil Aviation Minister is able to grant
to an operator an exceedance to the Chapter 2 Noise Index which
would not be able to be accorded by virtue of other provisions
of this article when the implementation of security measures does
not permit the utilization by this operator of his Chapter 3 aircraft.
Made in Paris, 18 June 1998
Jean-Claude Gayssot