| ORDINANCE (PORTARIA) 303A/2004
Council Regulation (EEC) Nº 2408/92 of 23 July 1992 on access
for
Community air carriers to intra-Community air routes lays down,
in articles 8
and 9, the possibility of limiting the exercise of traffic rights,
through publication
of operational standards, either, on a Community level, or domestic,
regional
or local, which aim, namely, to protect the environment.
Within the context of the above provisions, Directive 2002/30/EC
of the
European Parliament and of the Council of 26 March 2002 has been
published, concerning the establishment of rules and procedures
to restrict
operations relating to the noise at community airports.
In order to ensure, at national level, the efficient development
of the transports
systems and environmental protection, the mentioned Directive
has been
transposed to Portuguese legislation through .Decreto-Lei. nº.
293/2003, of 19
November.
Provisions of paragraph 1 of article 4 of this .Decreto-Lei.
set out the
assessment of aircraft noise management measures for each airport,
taking
into account the criteria provided thereon.
Such noise management measures imply, necessarily, operation
restrictions
during night period, especially as far as noisier aircraft are
concerned.
An Ordinance (.Portaria.) signed by the Ministers of Public Works,
Transports
and Housing and of Urban affairs, Space Planning and Environment
shall,
under provisions of paragraph 5 of article 4 of .Decreto-Lei.
293/2003, of 19
November, bind such restrictions.
Whereas Lisbon Airport is the only one which traffic flow falls
within the
concept of .airport. set out in article 3 of this Decreto-Lei,
and, therefore, the
only one subject to the application of the regime provided therein;
Whereas the specific characteristics of this airport and the
application of
balanced criteria;
It has been decided to apply noise abatement measures at source,
adopting
rules to govern the aircraft performance and maintenance of airport
operating
procedures allowing controlling the noise, as it happens in this
airport, through
the performance of a noise monitoring system. A balanced framework
of
restrictions on the aircraft operations has also been adopted,
combined with a
maximum number of air movements allowed between 00:00 and 06:00
hours
and the obligation of complying with certain operating procedures.
The fact that Portugal is responsible for the EURO 2004 implies
an undeniable
national interest, as stated in the Resolution of the Council
of Ministers nº.
117/98, of 3 September.
Taking into account the approaching of this event, and according
to provisions
of paragraph 6 of article 4 of Decreto-Lei nº 293/2003, of
19 November, which
allows exemption of operational restrictions hereby implemented,
this
Ordinance (.Portaria.) provides that such provisions shall not
be applicable to
air movements directly related to Euro 2004.
The exceptionality of such an exemption relies upon the nature
and amplitude
of Euro 2004, involving numerous aspects worthy to be considered,
namely
transports, lodgement, security and safety, frontiers services
and promotion of
this event, among others.
Whereas the arrival in Portugal, the mobility within Lisbon and
the departure of
such a great number of visitors, arise considerable logistic and
organization
problems;
Whereas it is predictable that most of the visitors will come
by plane, which,
within a short period of high air traffic intensity, jeopardizes
the capacity of
Lisbon Airport;
Whereas the Portuguese Government, upon Portuguese stand for
candidacy
of Euro 2004 organization, has undertaken the responsibility to
ensure its
support to the terms of reference of such an event;
It can be concluded that all requirements are met to exempt,
on an exceptional
basis, the air movements referring to this special event - .Euro
2004. - on the
restrictions provided for in paragraphs 1, 2 and 4 of article
2 of this Ordinance
(.Portaria.). Such an exemption applies to the period between
10 June and 6
July 2004.
Therefore, the Portuguese Government, through the Ministers of
Public Works,
Transports and Housing and Urban Affairs, Space Planning and Environment,
under provisions of paragraphs 5 and 6 of article 4 of .Decreto-Lei.
nº
293/2003, of 19 November, orders the following:
Article 1
Objectives and scope
1 . This regulation provides for operational restrictions related
with noise,
adequate to the environmental aim laid down for Lisbon Airport;
2 . For the purposes of nº 1, the environmental aim covers
the following
aspects:
a) To optimise the airport capacity in a compatible way with
environment;
b) To obtain the utmost possible environmental benefits, through
the
adoption of efficient measures;
c) To reduce the number of inhabitants severely affected by aircraft
noise.
Article 2
Operational restrictions
1 - At Lisbon Airport, the night traffic is restricted between
00:00 and 06:00.
2 . The number of movements allowed within that period, per week,
shall not
exceed a total of 91.
3 . In any case, the number of air movements per night period
(NP) shall not
exceed the double of the daily movements in which:
NP = Limit per week/ Nr. of days of the week
4 . The authorization for the air movements during the night period
is also
conditioned to the noise levels of the aircraft concerned, under
the
provisions of the items below.
5 . For the purposes of effective perceived noise levels established
by ICAO,
aircraft are classified as follows:
Level 0 below 87 EPNdB
Level 0,5 between 87 and 89.9 EPNdB
Level 1 between 90 and 92.9 EPNdB
Level 2 between 93 and 95.9 EPNdB
Level 4 between 96 and 98.9 EPNdB
Level 8 between 99 and 101.9 EPNdB
Level 16 above 101.9 EPNdB
Note:
Level for take-off = the cert levels for take-off + sideline/2
Level for Landing = approach level -9
6 . The noise level classification of an aircraft either at landing
or at take-off is
given by the values indicated in the aircraft manufacturer.s noise
certificate, taking into account the reference points specified
in the
technical standards applicable to the approach, overflight, take-off
and
lateral procedures, at full power.
7 . Notwithstanding provisions of articles 7 and 8 of .Decreto-Lei.
nº. 293/2003
of 19 November on the exemption of aircraft registered in developing
countries and the applicability of an exemption to the operation
of aircraft
under exceptional circumstances, the aircraft to operate in the
night air
movements allowed in the period referred to in item 1 shall comply
with the
following requirements:
a) The aircraft classified in levels 8 and 16 cannot be scheduled
for the
night period;
b) The aircraft classified in level 4 cannot be scheduled to take
off during
night period on scheduled air services;
c) The aircraft classified in level 2 can be scheduled to take
off between
00:00 and 00:30 as well as from 05:00 thereon;
d) The aircraft classified in both levels 0, 0.5 and 1 are not
subject to
restrictions;
8 . The aircraft falling into the criteria set out in item 8
of this article authorised
to land during the night period are forbidden to reverse thrust,
right after
landing.
9 . Notwithstanding compliance with provisions of nºs. 2
and 10, the operating
restrictions set out in this article shall not apply to the following
cases of
force majeure:
a) Aircraft operating humanitarian, emergency or evacuation missions;
b) Aircraft to come across with urgent situations, taking into
account
weather, technical failure or flight security reasons;
c) Air movements previously and exceptionally approved by the
National
Authority (INAC), taking into account reasons of recognized public
interest, under the provisions of paragraph 7 of article 4 of
.Decreto-Lei.
N º 293/2003, of 19 November.
d) Air movements subject to an unforeseen schedule alteration
due to
abnormal disturbance within air traffic control;
e) Air movements operated up to 01:00 which were actually scheduled
for
periods up to 00:00, due to delays for which neither the airport
management authority nor the operator were to blame;
f) Air movements from/to Autonomous Regions of Madeira and Azores,
due to meteorological conditions;
g) Landings operated during the period comprised between 05:00
and
06:00, due to weather reasons, as far as the arrival had been
scheduled
for a time after 06:00.
10 . For the purpose of compliance with provisions of paragraph
4 of this
article, the operator shall, when applying for a slot, provide
the
information contained in the noise certificate of the aircraft
manufacturer
11 . After every landing, the slots allocation management authority
may obtain
from the airport management authority the confirmation of the
noise level
set out in the aircraft noise certificate.
Article 3
Procedures leading to operation restrictions
1 . When aircraft are operated according to instrument flight
rules or visual
flight rules, procedures relating to approach, take-off and landing
shall be
strictly complied with.
2 . Technical standards on approach, take off and landing referred
to in the
above paragraph are published in AIP (Aeronautical Information
Publication) . Portugal, so that operation restrictions set forth
in Chapter
II of Decreto-Lei nº. 293/2003, of 19 November, might be
complied with.
3 . Flight crew members shall abide by instructions contained
in the flight
operations manual regarding noise abatement during approach, landing
and take off procedures.
4 . The instructions contained in the above paragraph must comply
with
standards and procedures set in ICAO PAN .OPS, Volume I.
Article 4
Aircraft performance
1 . Notwithstanding provisions of articles 6 and 7 of Decreto-Lei
n º 293/2003,
of 19 November, the aircraft authorized to operate landings and
take off
at Lisbon Airport, must comply with technical characteristics
according to
ICAO requirements, established in accordance with Annex 16 to
the
Convention on Civil Aviation Organization, Volume 1, Chapter 3,
third
edition (July 1993).
2 - For the purpose of enforcing the provisions of paragraph
5 of article 2, air
carriers and other operators should prove before the airport managing
authority that they are authorized by National Institute of Civil
Aviation
(INAC) to operate the aircraft registered in the respective air
operator
certificate, below the noise levels, as per the airworthiness
certificate or
the aircraft noise certificate, as applicable.
Article 5
Supervising
1 . The managing authority of Lisbon Airport shall provide INAC,
at the end of
each IATA period, with reports showing the results of the control
on the
noise and track monitoring system relating to the environmental
objective
set out for Lisbon Airport.
2 . Under provisions of paragraph 2 of article 11 of .Decreto-Lei.
nº 293/2003,
of 19 November, Lisbon Airport managing entity shall report to
INAC any
facts or acts which might violate the operation restrictions laid
down in
articles 2 and 3 of this Ordinance (Portaria) and might constitute
infringements as set out in this legal document.
Article 6
Exempting Standard
1 . Under the provisions of paragraph 6 of article 4 of Decreto-Lei
nº
293/2003, of 19 November, the restrictions set out in the paragraphs
1, 2
and 4 of article 2 of this legal document, are not applicable
to air
movements relating to the special event .Euro 2004., during the
period
comprised between 10 June and 6 July 2004.
2 . The slots applications for the air movements specified in
1) above, shall
contain the reference to the air transport of passengers or cargo
for the
special event Euro 2004.
3 . The provisions specified in 2- above shall not apply to air
movements not
including the reference to the air transport of passengers or
cargo to the
special event Euro 2004. In such cases, flights shall be subject
to
provisions set out in previous articles pertaining to this regulation.
Article 7
Entry into force
This Ordinance (Portaria) shall enter into force on 28 March 2004.
Done at Lisbon, on 9 March 2004.
The Minister of Public Works, Transports and Housing
The Minister of Urban Affairs, Space Planning and Environment
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