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2001

AIA Applauds European Court Advocate General's Ruling on the EU's Noise Rule

September 27, 2001- WASHINGTON, D.C. - The Aerospace Industries Association welcomes the September 20 ruling by the Advocate General of the European Court of Justice invalidating the European Commission’s restriction on the operation of older aircraft that have been fitted with new engines having a bypass ratio below three. AIA member Omega Air, which retrofits new Stage 3 engines on older Boeing 707’s, challenged the EU’s rule, which prevented airlines from registering in the European Union older aircraft whose engines had been modified to meet internationally-agreed upon Stage 3 noise requirements. A final court ruling is expected by the end of the year. In most cases, the court accepts the ruling of the advocate general.

AIA President and CEO John W. Douglass said "AIA is greatly indebted to Omega Air owners Desmond and Ulick McEvaddy for their courageous stand on this issue." He said the advocate general’s ruling was a "huge victory for Omega Air and a victory for the U.S. and for the international civil aviation community worldwide," adding it was "important for us to recognize that even the European Commission’s regulations are subject to successful judicial review."

Douglass said the issue of hushkitted engines, that is, older engines that have been modified to reduce noise to Stage 3 levels, remains to be resolved. He said, "AIA continues to believe that the E.U. should withdraw the entire non-addition rule, which it imposed unilaterally despite widespread opposition from other countries. The appropriate venue for establishing noise requirements is the International Civil Aviation Organization, and we support efforts to address these issues in that forum."

Government and industry officials have estimated that the non-addition rule has cost U.S. companies more than $2 billion in fleet depreciation and lost sales of engines, spare parts and hushkits. The non-addition rule is a design requirement that discriminates against engines having a bypass ratio of less than 3:1.

P.A. Rel 2001-26

09.27.01

-AIA-

Contact: Matt Grimison, AIA
703-358-1076
matt.grimison@aia-aerospace.org


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