The Minister for Public Enterprise, Ms O'Rourke, explained to the Dail in May the extent of her involvement in EU discussions about the regulation of hush-kits, a component attached to a plane to reduce the noise level. Mr Ulick McEvaddy told the High Court earlier this month that if the regulations came into force one of his aviation companies would have to write off an investment of £26.8 million.
The Minister was replying to questions from Mr Ivan Yates, of Fine Gael, and the following is the exchange from the Dail record of May 19th, 1999.
Question 15: Mr Yates asked the Minister for Public Enterprise the proposals, if any, she has to reverse or defer the implementation of legislation on the new EU Directive relating to the regulation of hush-kits on air-planes; the contingency plans, if any, she has to limit any consequences to the economy from its implementation or arising out of a trade war with the United States; and if she will make a statement on the matter.
Question 26: Mr Yates asked the Minister for Public Enterprise the study, if any, her Department has carried out on the effect on jobs if the new EU Directive relating to the regulation on hush-kits on air-planes is implemented and the exact quantum of noise improvement this will provide at EU airports; and if she will make a statement on the matter.
Ms O'Rourke: I propose to take Questions Nos 15 and 26 together. Council Regulation (EC) No 925/ 1999 on the registration and operation within the Community of certain types of civil subsonic jet aeroplanes which have been modified and recertificated as meeting the standards of Chapter 3 of Annex 16 to the Convention on International Civil Aviation was adopted on 29 April, 1999 at the EU Industry Council. I am circulating in the Official Report a copy of the declaration to this effect which was made by the Council and Commission.
These discussions with the US are aimed at establishing a joint EU-US position on noise rules for the International Civil Aviation Organisation's (ICAO) Committee on Aviation Environmental Protection, CAEP. These discussions may also identify a possibility to modify parts of the regulation recently adopted. I hope that the differences between the EU and US will be resolved during these discussions.
My Department, in conjunction with the Irish Aviation Authority, will participate in these ongoing discussions and will evaluate any new proposals or amendments to the regulation that may emerge. In the meantime, as the regulation is not in operation, it will not have an impact on jobs in Irish companies.
Council and Commission declaration
The Council of the European Union took note of the report by the Commission on the consultations held with the United States on the draft regulation on re-certificated aircraft following the Council Conclusions of 29 March 1999. The Council recalls that it decided to postpone its decision to adopt this regulation by a month to facilitate work on an agreement which would help to accommodate concerns expressed by the United States.
The council and the Commission welcome the priority given by the United States to the ICAO work on noise standardisation. They note with satisfaction the willingness recently expressed by the US to develop expeditiously, within ICAO and in close co-operation with the European Community, the next generation of noise standard that would answer the long-term needs of citizens who live near to airports. The European Community committed itself to work, in close co-operation with the US and other partners, on a new ICAO noise standard as a priority. This work should include, in addition to a next generation noise standard, the development of phase-out measures for the noisiest categories within Chapter 3.
The Council and the Commission consider that, in addition to a new ICAO standard, it is important to answer the immediate noise problems generated by the development of air transport and the problems arising from deficiencies in the phasing out of the Chapter 2 aircraft by 2002 as agreed with ICAO.
The Council, in adopting the Regulation, decided in this exceptional case and without creating a precedent, taking due account of the views of the European Parliament, to postpone the date of application of the Regulation by one year to facilitate the continuation and the conclusion of the consultations with the United States. The Commission is invited to report to the Council on the consultations by September 1999.
The Council and the Commission stressed that they attach great importance to the success of this process.
Mr Yates: Do I take it the date for implementation of this regulation has been deferred or is the regulation subject to consultation that may result in it being altered?
Ms O'Rourke: It was finally adopted at the EU Industry Council on 29 April but is not in operation and will not come into operation for 12 months. I will send the details to the Deputy. Its implementation has been delayed to allow for full discussions between the EU and US on their concerns and differences.
Mr Yates: It may be altered within that year.
Mrs O'Rourke: It will be altered. We hope it will be as that is what they will be talking about.
Mr Yates: In relation to the Irish perspective on this, will the Minister ask her officials to investigate whether this new directive has any quantum of noise improvement because I am advised it is less strict than the ICAO proposal? Is she aware of representations by the US embassy and the US government that they see this matter as so important that there could be trade recriminations as there are in beef hormones and beef and that that should be taken into account? During the next year will she consider the implications for jobs in Ireland in relation to a number of aircraft maintained, serviced and reconditioned here which would become obsolete in Europe if this regulation was implemented? In any future discussion, at the end of the consultations, the Irish Government should have a strong and informed position.
Ms O'Rourke: I am aware the US has made representations. The American Ambassador spoke to me about it on a social courtesy occasion but did not go into detail. I had not intended to go to the informal meeting because it did not suit. At informal meetings no real business is done but I felt business could be done so I went to Germany. I heard Mr McEvaddy on the radio that morning. I contacted my office to tell him I was going for that one reason, to speak to my colleagues about hush-kits. He has both before and after been into the Department speaking to John Lumsden about it. I think I spoke to all my colleagues about the matter. A belief developed during the day that this was the way it should proceed to allow for proper consultation. It was one of the few times in my ministerial career when I was glad I went to an informal meeting where conclusions are not reached. The chat allows one to develop an issue which finally became the regulation on 29 April.
Mr Emmet Stagg: For the benefit of the public who are watching us on TnaG, will the Minister tell the House what are hushkits?
Ms O'Rourke: When I became involved in this area I asked what hush-kits were about. A hush-kit is a component which is attached to a plane to enable the noise level of that plane to be lessened.