Brussels, 03/06/2003 (Agence Europe) - On Monday the Commission launched the second stage of proceedings against Belgium for failing to correctly implement the new directive concerning aircraft noise levels. The Belgian authorities will be sent a Reasoned Opinion about the Belgian law of 14 April 2002 introducing restrictions on night flights. The Commission believes the law does not properly transpose the directive and is wrongly based on a repealed Community law.
The new aircraft noise directive requires various procedures to be applied before restrictions on flights because of noise (like the measures in the Belgian law) are introduced. The Commission criticises Belgium for failing to implement these compulsory procedures and for not using the definition of noisy aircraft laid down in the directive. On 24 October 2002 it sent a first warning letter asking the Belgian authorities to abide by the directive.
The objective of the Belgian law is to restrict the night use of aircraft fitted with hushkits at all Belgian airports. It bans the takeoff and landing of such aircraft between 23: 00 hrs and 06: 00 hrs and is based on a 1999 Council Hushkits Regulation. But the Regulation in question was repealed and replaced by Directive 2002/30/EC that came into force on 28 March 2002, in other words before the date when the Belgian law was signed. The Commission argues that assuming its measures are fully and correctly applied, the new directive, which sets out targets similar to those in the Belgian law, along with broader measures, would have a comparable or even greater impact. The Commission feels the directive should be fully transposed by 28 September 2003 and urges Belgium to repeal its law (which is due to come into application on 1 July 2003) or at least adapt it to the new directive.