Noise Management at EU Airports (Regulation)
According to the “balanced approach” of the International Civil Aviation Organization (ICAO), noise abatement around airports is to be achieved by selecting the “most cost-effective range of measures”. The Commission’s Regulation Proposal serves to improve coherence both within the EU and also with ICAO requirements to introduce noise-related operating restrictions.
Applying the ICAO ”balanced approach“ as a framework for action to combat noise reduces the costs for airlines for complying with the respective legal provisions. The Commission's power to change through delegated acts the definitions of the terms “aircraft“ and “MCA“, as well as the methods for noise assessment by delegated acts is unlawful, as these are essential provisions. The Commission's right of scrutiny and final decision making power over national decisions on operating restrictions infringes the principle of subsidiarity.