The US Government's complaint to the International Civil Aviation Organisation (ICAO) about European Union (EU) moves to phase out hushkitted aircraft could founder on a European Commission (EC) claim that ICAO lacks the authority to hear the case.
Washington formally lodged a complaint against Europe's hushkit regulation on 14 March, under Article 84 of the Chicago Convention, leaving the EU until the end of July to respond. But instead of filing a full defence, Europe has asked ICAO to reject the complaint as invalid on the grounds that there had not been adequate prior negotiations; that the USA failed to exhaust local remedies (essentially European legal procedures), and that the action requested by Washington - annulment of the EC's hushkit rule - is beyond the convention's scope.
The EC's Regulation 925/1999, aimed at reducing aircraft noise at European airports, went into effect on 29 April 1999. It banned new registrations in Europe of hushkitted aircraft, with effect from 4 May this year and prohibits, from 1 April 2002, the operation into Europe of hushkitted aircraft registered in third countries unless the aircraft were operated into Europe between 1 April 1995 and 4 May 2000.
Washington, under pressure from US hushkit manufacturers and operators of hushkitted aircraft, claims the regulation discriminates against US industry. ICAO will not rule on Europe's legal submission until early next year, by which time its plans for a new Chapter 4 standard will be taking shape.
If these are similar to the EC's hushkit regulation, the USA might struggle to sustain its complaint. ICAO's thinking will be revealed at a January meeting of its Committee on Aviation and Environmental Protection. New Chapter 4 standards could be approved at ICAO's assembly next September.
Source: Flight International
