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Consultation on proposals for transposition and implementation of Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise

7. Airports

7.1. The END requires the mapping of noise from 'major airports' which must be designated by Member States in line with the definition set out in the END. Annex VI also requires that, for agglomerations, the number of people exposed to levels of noise from air traffic equal to or greater than L_den 55dB or L_night 50dB must be calculated. The Scottish Executive has interpreted this to mean that it will be necessary to prepare noise maps for any airport (not limited to those defined as ‘major’ in END) where aircraft noise levels outside the airport boundary would be found equal to or greater than L_den 55dB or L_night 50dB impact on an agglomeration.

7.2. Action plans for managing, and reducing if necessary, noise from major airports must then be made on the basis of the results of the maps. In agglomerations, the action plans must also take into account noise from airports.

The Definition of Relevant and Major Airports

7.3. The END defines a major airport as: ’a civil airport, designated by the Member State, which has more than 50,000 movements per year (a movement being a take-off or landing), excluding those purely for training purposes on light aircraft‘ (Article 3(p)). In the UK a light aircraft is generally considered to be one with a maximum take-off weight authorised (MTWA) of less than 5,700 kg. In the UK a civil airport is one operated by civil authorities and so excludes those operated by the military. In any event, military activity in a military area is excluded from the END (Article 2, paragraph 2).

7.4. As described above in paragraph 7.1, to assist with mapping agglomerations, it will also be necessary to map airports in or impacting on agglomerations, where aircraft noise levels equal to or greater than L_den 55dB or L_night 50dB even though they may not be ‘major airports’ as defined in the END. Throughout this document we have used the term ‘relevant airport’ to encompass these airports.

7.5. We estimate that there are 3 Scottish airports (listed at Annex D) which fall within the definition of a major airport, although this figure may change. It is difficult to be precise at this stage as, at present, statistics on aircraft movements at these airports are not collected according to the END's precise definition. Furthermore, the number of airports that fit the definition is likely to grow, given the projected growth in air travel.

Assessment method for aircraft noise indicators

7.6. As discussed in Chapters 2 and 3, the END requires that strategic noise maps using the indicators L_den and L_night be made for major airports. The END allows Member States to determine values of L_den and L_night by either computation or measurement. The Scottish Executive proposes that noise assessment in Scotland as in the rest of the UK should be carried out by computation (supported where appropriate by validation measurement) given the cost and the technical difficulties associated with sole reliance on direct measurement. If a Member State decides to use computation, then the END initially gives a choice of using national computation methods or the recommended interim computation methods. Once adopted, the END will require Member States to use the harmonised computation methods These are currently being developed through EU funded projects such as Harmonoise and Imagine.

7.7. There is no single national method available for generating results for aircraft noise. However, there are two models in general use, both of which operate in a comparable manner and both of which can be used to help to generate the indicators required by the END. These models are ANCON2, operated solely by the UK Civil Aviation Authority (CAA), and INM (produced by the American Federal Aviation Administration) and operated by various airports and consultants. At the heart of both models is the method described in Annex II, 2.2 of the END namely: ECAC.CEAC Doc 29 ‘Report on Standard Method of Computing Noise Contours around Civil Airports’³³, 1997, using the segmentation technique referred to in section 7.5 of ECAC Doc 29. This Document is currently being updated and it is expected that the current versions of both ANCON2 and INM will be consistent with this update.

7.8. A survey of the airports that will need to be mapped has indicated a range of current practice regarding the production of noise contours³⁴. Some airport operators routinely collect the relevant data and produce noise maps in the form of contours for a number of reasons. Some airports produce noise contours as part of a noise management programme or to help comply with a planning condition or obligation. For those that have produced contours, there is usually an understandable desire to continue to use the same model as far as possible when it comes to mapping.

7.9. Both the models produce results in terms of the L_Aeq³⁵ indicator. As long as input data are available relating to the day, evening and night period required by the END, it will be possible to generate the noise levels in the L_den and L_night indicators as required by the END. We propose to require the default periods of 0700-1900, 1900-2300 and 2300-0700 respectively.

7.10. Until the harmonised method is adopted by the European Commission, the Scottish Executive proposes that Aircraft noise will be mapped using either ANCON2 or INM7.0 (or successor versions thereof) or other models consistent with current or future versions of ECAC Doc. 29, with the choice of model being left with the organisation required to produce the maps. In practice, this is likely to be the airport operators themselves as they have experience in this area (see paragraph 7.17 below).

Q7.1: Do you agree with the use of ANCON2 or INM7.0 as the means of mapping airports until the harmonised method is adopted by the Commission, with the choice of which one to use being left to the organisation that will produce the maps?

Designation of the competent authority to make noise maps near major airports

7.11. The Scottish Executive has identified several possible options for designation of the competent authorities for the making of noise maps near major airports:

i) That the Scottish Ministers should be the competent authority for all relevant airports (i.e. both ‘major’ airports and those impacting on agglomerations, where aircraft noise levels equal to or greater than L_den 55dB or L_night 50dB), but enter into agreements with local authorities to prepare the maps for non-designated airports on behalf of the Scottish Ministers;
ii) That the Scottish Ministers should be the competent authority for all relevant airports but should enter into agreement with airport operators to prepare the maps for non designated airports on behalf of the Scottish Ministers; or
iii) That for all relevant non-designated airports the airport operators should be competent authority. Where the competent authority for the mapping is not the Scottish Ministers, the Scottish Ministers would be made competent authority for the collection of the maps.

7.12. The Scottish Executive proposes to follow option iii); that each relevant airport should be designated as the competent authority for making noise maps for itself.

7.13. The competent authority’s functions will include collecting and collating the data to make the noise maps.

7.14. Where the Scottish Ministers are not the competent authority (as proposed for non-designated airports, - as discussed above) the Scottish Ministers will be designated as competent authority for the collection of maps. This collection function will include ensuring that the competent authorities have adequately discharged their responsibilities. Only then will the Scottish Ministers submit the maps to the European Commission.

7.15. The Scottish Executive also proposes to build certain powers into the implementing regulations in case of the unlikely event that the airport operators, as competent authorities for producing the maps, default on their obligations, or it becomes apparent to the Scottish Ministers that they will do so. These powers are likely to be:

• a power to require the provision of information relating to preparation of maps so that Scottish Executive can check progress of airport operators towards discharging their obligations. This would alert the Scottish Executive of potential problems with the mapping process sufficiently in advance of deadlines in END. It is anticipated that this power would only be used in the unlikely event that airport operators did not provide adequate information in response to an informal request;
• a requirement to submit completed maps a certain length of time prior to the deadline for submission to the Commission as specified in the END. We propose that 30 April (in each year that a map has to be produced) would allow sufficient time for the Scottish Ministers to ensure that the maps had been prepared in accordance with the END; and
• the power for the Scottish Ministers to step in and take over the role of an airport operator as competent authority where the Scottish Ministers believe that sufficient progress was not being made to be sure of meeting the deadlines set out in END. Such a power would not be exercised without reasonable consultation with the airport operator in question.

7.16. This is a different approach from those proposed for roads and railways where we are proposing that the Scottish Ministers should be the competent authority for the creation of both noise maps and action plans. The Scottish Executive is proposing this approach for airports because of the different circumstances in which air transport operates.

7.17. The expertise, data and methodology for the creation of noise maps is already well established as many airport operators already produce noise contours³⁶ and have the necessary systems in place to be able to do so. In the case of other transport sources noise mapping is much less well established. Airports also have consultative committees (and sometimes special environment groups) which include local authorities and other amenity group representatives. In a case of any doubt about the integrity of the maps themselves, these bodies can investigate the matter, e.g. by commissioning a technical audit.

7.18. There is legislative precedent for designating airport operators as competent authorities. This mirrors the arrangements in ‘The Aerodromes (Noise Restrictions) (Rules and Procedures) Regulations 2003’³⁷ which implement Directive 2002/30/EC³⁸. This approach also adheres to the UK Governments previously stated policy for the air transport industry to take responsibility for its environmental impacts and to seek local solutions to local issues.

Q7.2: Are you satisfied that airport operators should be the competent authority for the production of noise maps for airports?

Data Requirements for Making Air Traffic Noise Maps

7.19. In order to make the maps, data will need to be collected and supplied to the organisation carrying out the mapping. Both ANCON2 and INM7.0 use the following parameters:

• Number of aircraft movements;
• Flow composition (fleet mix);
• Take-off profile (how fast and rate of climb);
• Departure and approach routes (stylised representation).

Designation of the competent authority to develop action plans near major airports

7.20. As explained in Chapters 2 and 4, the END requires that once the strategic noise maps are made, action plans to manage and, where necessary, reduce noise must be made. The Scottish Executive has considered various possible options for designation as the competent authority for the preparation of action plans for major airports:

i) that the Scottish Ministers should be the competent authority for the preparation of action plans for all relevant airports (i.e. both ‘major’ airports and those impacting on agglomerations, where aircraft noise levels equal to or greater than L_den 55dB or L_night 50dB);
ii) that the airport operators should be the competent authority for the making of action plans for all relevant airports, both designated and non-designated. The Scottish Ministers would be made competent authority for the collection of the plans.

7.21. The Scottish Executive proposes to follow option ii); with the airport operators for all relevant airports being designated as competent authority for making action plans.

7.22. The Scottish Ministers would be designated as the competent authority for the collection of the action plans before submitting them to the European Commission. Once the airport operators had made the action plans they would submit them to the Scottish Ministers. This collection function will include checking that the competent authorities have included the relevant material under all headings required under the END and the implementing regulations. Only then will the Scottish Ministers submit the maps to the European Commission. In case of the unlikely event of an airport operator defaulting on their obligations, it is proposed that powers similar to those set out for the mapping in paragraph 7.15 would be included in the implementing regulations with respect to action planning at airports.

7.23. The END stipulates that the action plan proposals must be put out to public consultation, and that the public be given early and effective opportunities to participate in the preparation (and review) of action plans. The results of that participation must then be taken into account when finalising the action plan. The public must also be informed of the decisions eventually taken (Article 8 paragraph 7). It would be the responsibility of the competent authority to ensure that this was carried out adequately. The Scottish Ministers, as part of their collecting function, would ensure that this had been carried out (more details on how the generic action plan process would work for other sources are set out in Chapter 4).

7.24. The Scottish Executive also proposes to build certain powers into the implementing regulations in case of the unlikely event that the airport operators, as competent authorities, default on their obligations, or it becomes apparent to the Scottish Ministers that they will do so. These are likely to be:

• a power to require the provision of information relating to preparation of action plans so that Scottish Executive can check progress of airport operators towards discharging their obligations. This would alert the Scottish Executive of potential problems with the mapping process sufficiently in advance of deadlines in END. It is anticipated that this power would only be used in the unlikely event that Airport operators did not provide information in response to an informal request;
• a requirement to submit completed plans a certain length of time prior to the deadline for submission to the Commission as specified in the END. We propose that 30 April (in each year that an action plan is required) would allow sufficient time for the Scottish Ministers to ensure that the plans have been prepared in accordance with the END; and
• the power for the Scottish Ministers to step in and take over the role of an Airport operator as competent authority for producing action plans where the Scottish Ministers believes that sufficient progress was not being made to be sure of meeting the deadlines set out in END. Such a power would not be exercised without reasonable consultation with the airport operator in question.

7.25. Where the noise contours for an airport affect an agglomeration it will be necessary for the airport operator to ensure that the action plan is complementary to that of the agglomeration. To facilitate this, the Scottish Executive proposes to require that the airport operator and the key partner for the agglomeration action plan should prepare the plans in parallel and should consult each other in the production of their relevant plans. This is discussed in greater detail in paragraph 8.45

7.26. This proposed approach is different to that for roads and railways where we are proposing that the Scottish Ministers should be the competent authority for the creation of both noise maps and action plans. The Scottish Executive is proposing this approach for airports because of the slightly different circumstances in which air transport operates.

7.27. In practice, airports already act as the day-to-day regulators of operational noise from aircraft, by monitoring and enforcing adherence to their noise control procedures so they have experience and the relevant powers in this area. The Scottish Executive believes that those with the powers to implement measures to control noise are best placed to draw up the action plans. In practice many airports already have noise management schemes which are similar to the noise action plans required by the END.

7.28. Airport operators have experience in this area as they already have to manage noise levels. Noise controls are specified in the Aeronautical Information Publication (AIP) and, at the larger airports, dedicated noise and track keeping systems (NTK) are used to check compliance. Airports are also often subject to planning controls or planning agreements which may carry a legal obligation to apply specific noise controls. The 2003 UK Government Department for Transport White Paper The Future of Air Transport³⁹ also expects airports to produce ‘Master Plans’ that include detailed proposals on environmental controls and mitigation.⁴⁰

7.29. This approach also has legal precedent and is consistent with existing Scottish Executive policy towards the air transport industry, mentioned above in paragraph 7.18, also apply for the preparation of action plans.

7.30. The future development of noise action plans would have to take account of to the 'balanced approach' agreed by the International Civil Aviation Organisation and enshrined in legislation in Directive 2002/30/EC⁴¹ on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports, and in the implementing ‘The Aerodromes (Noise Restrictions) (Rules and Procedures) Regulations 2003’⁴².

Q7.3: Are you satisfied that airport operators should be the competent authorities for the production of action plans for relevant airports?

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