
Article 1 
Directive 92/14/EEC is hereby amended as follows:

1.. the following paragraph shall be added to Article 1: 
'
3. For the purposes of this Directive:
 “air carrier” means an air transport undertaking with a valid operating licence;
 “operating licence” means an authorisation granted to an undertaking permitting it to carry out carriage by air of passengers, mail and/or cargo for remuneration and/or hire;
 “Community air carrier” means an air carrier with a valid operating licence granted by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers
 “total civil subsonic jet fleet” means the total aircraft fleet of civil subsonic jet aeroplanes at the disposal of the air carrier, through ownership or any form of lease agreement of not less than one year.';
2.. the following paragraph shall be added to Article 2: 
'
4. Before the date referred to in paragraph 2, the operation of civil subsonic jet aeroplanes which do not comply with the provision of paragraph 1(a) may be restricted or excluded at the airports of Berlin Tegel and Berlin Tempelhof.';
3.. Article 3(b) shall be replaced by the following: 
'
 these aeroplanes were on the register of the developing nation shown for that aeroplane in the Annex in the reference year and continue to be used either directly or under any form of lease agreement by natural or legal persons established in that nation.';
4.. the following subparagraph shall be added to Article 3: 
'The exemption referred to in the preceding subparagraph shall not apply where the aeroplane is leased to a natural or legal person established in a country other than the one mentioned for that aeroplane in the Annex.';
5.. in Article 4, Article 5(c) and (d) and Article 6 ‘airline’ shall be replaced by ‘air carrier’;
6.. Article 7 shall be replaced by the following: 
'
Article 7 

1. Member States may limit deletion from their registers of all mention of aeroplanes which do not comply with the standards of Chapter 3 of Annex 16 to an equivalent annual rate of up to 10 % of the total civil subsonic jet fleet of a Community air carrier.
2. Member States shall not apply the provisions of Article 2(1) in respect of aeroplanes retained on the register of a Member State in accordance with paragraph 1.
3. Where a Member State has applied an equivalent exemption to that described in paragraphs 1 and 2 to aeroplanes on the register of a third country and operating into that Member State before this Directive enters into force, the exemption may continue to be recognised subject to compliance by the air carrier with the conditions.';
7.. the following Articles shall be inserted: 
'
Article 9a 
Amendments to the Annex which may prove necessary in order to ensure full conformity with the criteria set out in Article 3 shall be effected according to the procedure defined in Article 9b(2).
Article 9b 

1. The Commission shall be assisted by the committee provided for in Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation, which shall act in accordance with the procedure outlined in paragraph 2.
2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
3. 
(a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.
(b) If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.If the Council has not acted within three months of the date of the referral to it, the Commission shall adopt the measures proposed.';
8.. the Annex shall be replaced by the Annex hereto.
Article 2 
Member States shall lay down the system of penalties for breaching the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that those penalties are applied. The penalties thus provided for shall be effective, proportionate and dissuasive. Member States shall notify the relevant provisions to the Commission not later than 1 March 1999 and shall notify any subsequent changes as soon as possible.
Article 3 

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 March 1999. They shall immediately inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
2. In accordance with Article 168 of the 1994 Act of Accession and Annex XIX (III) thereto, Austria shall put into effect the measures necessary to comply with this Directive by 1 April 2002.
Article 4 
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
Article 5 
This Directive is addressed to the Member States.
Done at Brussels, 30 March 1998.
For the Council
The President
LORD SIMON of HIGHBURY
ANNEX


ANNEX Exemptions for aeroplanes in this Annex are granted within the general framework of the United Nations policies and decisions (e.g. sanctions, embargo, etc.).

Serial Number Type Registration Operator
20955 B727-2D6 7T-VEH Air Algérie
21053 B727-2D6 7T-VEI Air Algérie
21210 B727-2D6 7T-VEM Air Algérie
21284 B727-2D6 7T-VEP Air Algérie
20884 B737-2D6 7T-VEG Air Algérie
21063 B737-2D6 7T-VEJ Air Algérie
21064 B737-2D6 7T-VEK Air Algérie
21065 B737-2D6 7T-VEL Air Algérie
21211 B737-2D6 7T-VEN Air Algérie
20650 B737-2D6 7T-VED Air Algérie
21285 B737-2D6 7T-VEQ Air Algérie


Serial Number Type Registration Operator
20200 B707-329C 9Q-CBW Scibe Airlift


Serial Number Type Registration Operator
19767 B707-399C HI-442CT Dominicana de Aviación


Serial Number Type Registration Operator
19843 B707-336C SU-PBA Air Memphis
19916 B707-328C SU-PBB Air Memphis
21194 B737-266 SU-AYK Egypt Air
21195 B737-266 SU-AYL Egypt Air
21227 B737-266 SU-AYO Egypt Air


Serial Number Type Registration Operator
20889 B707-370C YI-AGE Iraqi Airways
20892 B737-270C YI-AGH Iraqi Airways
20893 B737-270C YI-AGI Iraqi Airways


Serial Number Type Registration Operator
20259 B707-3B4C OD-AFD MEA
20260 B707-3B4C OD-AFE MEA
19967 B707-347C OD-AGV MEA
19589 B707-323C OD-AHC MEA
19515 B707-323C OD-AHD MEA
20170 B707-323B OD-AHF MEA
19516 B707-323C OD-AHE MEA
19104 B707-327C OD-AGX TMA
19105 B707-327C OD-AGY TMA
18939 B707-323C OD-AGD TMA
19214 B707-331C OD-AGS TMA
19269 B707-321C OD-AGO TMA
19274 B707-321C OD-AGP TMA


Serial Number Type Registration Operator
45683 DC8F-55 EL-AJO Liberia World Airlines
45686 DC8F-55 EL-AJQ Liberia World Airlines


Serial Number Type Registration Operator
20245 B727-224 5A-DAI Libyan Arab Airlines
21051 B727-2L5 5A-DIB Libyan Arab Airlines
21052 B727-2L5 5A-DIC Libyan Arab Airlines
21229 B727-2L5 5A-DID Libyan Arab Airlines
21230 B727-2L5 5A-DIE Libyan Arab Airlines


Serial Number Type Registration Operator
11093 F28-4000 5T-CLG Air Mauritanie


Serial Number Type Registration Operator
20471 B727-2B6 CN-CCG Royal Air Maroc
21214 B737-2B6 CN-RMI Royal Air Maroc
21215 B737-2B6 CN-RMJ Royal Air Maroc
21216 B737-2B6 CN-RMK Royal Air Maroc


Serial Number Type Registration Operator
18809 B707-338C 5N-ARQ DAS Air Cargo
19664 B707-355C 5N-VRG Air Tours


Serial Number Type Registration Operator
20488 B707-340C AP-AXG PIA


Serial Number Type Registration Operator
20574 B737-268C HZ-AGA Saudia
20575 B737-268C HZ-AGB Saudia
20576 B737-268 HZ-AGC Saudia
20577 B737-268 HZ-AGD Saudia
20578 B737-268 HZ-AGE Saudia
20882 B737-268 HZ-AGF Saudia
20883 B737-268 HZ-AGG Saudia


Serial Number Type Registration Operator
45802 DC8F-54 3D-AFR African International Airways
46012 DC8F-54 3D-ADV African International Airways


Serial Number Type Registration Operator
20545 B727-2H3 TS-JHN Tunis Air
20948 B727-2H3 TS-JHQ Tunis Air
21179 B727-2H3 TS-JHR Tunis Air
21235 B727-2H3 TS-JHT Tunis Air


Serial Number Type Registration Operator
19821 B707-379C 5X-JEF Dairo Air Services


Serial Number Type Registration Operator
18930 B707-330B Z-WKU Air Zimbabwe
45821 DC8F-55 Z-WMJ Affretair

