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I. IdentificationThe current international noise-level standards, established by the International Civil Aviation Organization (ICAO), distinguishes between three differnt categories of aircraft based on noise pollution: Stage 1 aircraft, Stage 2 aircraft, and Stage 3 aircraft. (FAA Noise Standards) Stage 1 aircraft, the loudest and most polluting aircraft category, are no longer in use. The main aircraft in use today is the Stage 2 aircraft fitted with an aircraft silencing apparatus known as a hushkit. When a hushkit is installed on a Stage 2 aircraft and it meets Stage 3 noise requirements, the aircraft is generally considered to be Stage 3 aircraft, and it is implied that it would be viewed by everyone as a Stage 3 aircraft. Although it is up to the individual countries to pass legislation regarding noise pollution requirements, the signed members of the ICAO normally recognize the standards established by the organization.
The legislation, if passed by the EC, would no longer recognize the international standards established by the ICAO. The legislation would place a freeze on all airplanes which need hushkits to reach the Stage 3 category, which means that planes operating in Europe would not be forced out of service, but no more would be allowed to enter Europe. The policy would phase out hushkitted planes rather than keep them from operating. If the legislation would pass in its original form, no more hushkitted airplanes would be allowed to enter Europe after April 1, 2002. (Financial Post, 3/13/99)
The European Commission claims that the legislation to ban the hushkitted aircraft is completely based upon environmental principles. According to the commission, aircrafts which use hushkits do not decrease noise pollution very well, and there is an economic ramification as well. The commission also said that, based upon an analysis of hushkitted aircraft, air pollution increases because hushkits cause the aircraft to burn 50 percent more fuel in take-offs and landings. In the opinion of the commission, aircraft based upon newer technology, Stage 3 aircraft, burn more cleanly and produce less noise naturally. (Aerospace Daily, 2/10/99)
The United States views the potential regulations against hushkitted aircraft as merely protectionist measures rather than an environmentally conscious Europe. The United States, which is the monopolistic producer of hushkits, feels that the regulations are meant to help protect Europe's Airbus company from a more competitive market. The regulations would keep such airplanes as Boeing's 727 and 737 models and McDonnell Douglas' DC-9 model from reaching the European market, either for sale, or for commerce. (Learmount, 4/10/99) This would also obviously put stress on American-based international delivery services, such as Federal Express.
The discussion within the European Commission of the new, potential regulations have not gone unnoticed by Congress. The House of Representatives, in a showing of bipartisan support, voted to disallow the European-based Concorde aircraft from landing in the United States. While this is not in effect without legislation in the Senate and Presidential agreement, the policy does show the willingness of the two parties to support action in retaliation to a possible closure of a market.
The potential ban of hushkits from the European market following the
recent trade disputes between the US and Europe is a potentially hazardous
situation. The strong views by both parties suggest that a trade
war may break out if the situation is not settled in an amicable manner.
The aggressive attitudes on both sides could potentially send the economic
relations into a downturn. The two parties must settle the dispute
in an amicable, mutually beneficial manner.
Key Words:
1. Europe
2. POLA
II. Legal ClustersINPROG
III. Geographic Clustersb. Geographic Site: WEST
c. Geographic Impact: EUROPEAN UNION
IV. Trade Clustersb. Indirectly Related to Product (Hushkits): Yes
c. Not Related to Product: No
d. Related to Process: No
V. Environment Clusters VI. Other Factors"EU Hushkit Rules Would Violate Bilaterals, Northwest Says" Aviation Daily, January 20, 1999 (Lexis-Nexis, online)
Federal Aviation Administration. Noise Standards: Aircraft Type and Airworthiness Certification. Online: http:www.faa.gov/avr/AFS/FARS/far-36.txt
Leramount, David. "USA Votes Against Concorde in Hushkit Conflict". Flight International , March 10, 1999 (Lexis-Nexis, online)
US Department of State, European Affairs. Unclassified cable, from SecState Washington, DC to American Embassy, Paris
"US Steps Up Pressure on EU to Scrap Hushkit Ban." Financial Post, 3/13/99
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