. /.WORLD TRADE
ORGANIZATIONG/TBT/W/101
1 December 1998
(98-4825)
Committee on Technical Barriers to Trade Original:  English
EUROPEAN COMMISSION REGULATION ON THE REGISTRATION AND USE WITHIN
THE COMMUNITY OF CERTAIN TYPES OF CIVIL SUBSONIC JET AIRPLANES
WHICH HAVE BEEN MODIFIED AND RECERTIFIED AS MEETING
THE STANDARDS OF VOLUME 1, PART II, CHAPTER 3 OF
ANNEX 16 TO THE CONVENTION ON CIVIL AVIATION
Submission by the United States
I. INTRODUCTION
1. The European Commission has proposed a regulation that would:
− restrict non-EU registered aircraft fitted with "hushkits" or engines with bypass ratios of less
than three from being registered in any EU Members State after 1 April 1999.
− restrict the operation of aircraft in the EU (for providing service or even receiving
maintenance) after 1 April 2002, if fitted with huskits or low bypass ratio engines (unless
registered in the same third country from 1April 1999 and  operated in the EU between
1 April 1995 and 1 April 1999).
II. KEY POINTS
2. We are concerned with a proposed European Commission regulation that would restrict the
operation in Europe of aircraft that meet the current engine noise standards of the International Civil
Aviation Organization (ICAO) by using hushkits or engines with low bypass ratios.
3. This proposal has the potential for severe and negative impact on bilateral trade for
manufacturers of huskits and engines with low bypass ratios as well as affecting trade in aircraft fitted
with these products.
4. The proposed regulation would impact flights to, from and within the European Union
operated by any airline using aircraft with hushkits or low bypass ratio engines that are registered
outside the EU.
5. Such aircraft could not be sold or transferred to an EU Member State airline and registered in
the EU after 1 April 1999.
6. Moreover, such aircraft could not be sold or transferred to a non-EU airline if re-registered in
a country outside the EU for operation to, fr om or within the EU after 1 April 2002.G/TBT/W/101
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7. It is difficult to understand why the European Union would restrict the use of Hushkits and
aircraft which use low bypass ration engines when these aircraft comply with the requisite
"Chapter 3" noise standards developed by ICAO.  EU Member States agreed to the Chapter 3 noise
standards when they were developed.  Instead, the EU is proposing to impose unilaterally a new
standard with apparent elements of discrimination.
8. The proposed regulation appears discriminatory as it proposes to exempt aircraft fitted with
hushkits or low bypass ration engines and registered  in the EU as 1 April 1999.  Non-EU registered
aircraft do not benefit from the exemption.  They are the target of the proposed regulation.
9. It appears that the proposed regulation is directed at products, not noise reduction and sets an
unfortunate precedent for design based standards rather than performance based standards.
10. We are not aware of any evidence which demonstrates that the proposed regulation will result
in a perceptible improvement in the noise climate at European airports.  In fact, we are unaware ofany impact analysis undertaken by the EU prov iding a scientific or technical reason for the
restrictions.  We would appreciate receiving documentation on the scientific or technical basis for the
proposed regulation.
11. It is our understanding that the Commission ma y adopt the proposed regulation as early as
30 November 1998.  We further understand that as of 30 October 1998, the EU had not notified theWTO Secretariat under the TBT Agreement of the proposed regulation.
12. We have raised these concerns with the European Commission and with the Member States.
We have asked the Commission not to adopt a regulation that would restrict the operation of aircraft
that meet ICAO Chapter 3 standards.
13. We believe other WTO members will have an interest in and be affected by the proposed
regulation, if enacted.
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