VZCZCXYZ0003
RR RUEHWEB

DE RUEHC #6665 2921845
ZNR UUUUU ZZH
R 191833Z OCT 07
FM SECSTATE WASHDC
TO RUEHRL/AMEMBASSY BERLIN 0000
INFO RUEHBS/USEU BRUSSELS
RUEHFT/AMCONSUL FRANKFURT 0000

UNCLAS STATE 146665 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EAIR ECON ETRD EUN
SUBJECT: NIGHT FLIGHTS:  FRANKFURT BAN INCONSISTENT WITH BALANCED 
APPROACH 
 
REF: MASON-RUSCH-BYERLY EMAILS  03 BERLIN 997  03 STATE 29293  02 
FRANKFURT 1549 
 
¶1. Summary and Action Request:  In conjunction with issuance of the 
zoning authorization for a new runway at Frankfurt Airport 
(anticipated at the end of November, 2007) the Hessen Economic 
Ministry is expected to mandate a complete or near complete ban on 
night flights at the airport beginning in 2011.  The Hessen 
Government has made clear that this decision was made at the onset of 
planning for the new runway in order to placate public protests tied 
to the airport expansion.  Put more bluntly, the Hessian 
Minister-President has endorsed a political approach of selling to 
his constituents an expansion of the airport (and daytime flights) by 
banning night flights. 
 
¶2. Implementation of limits on night-time operations without proper 
stakeholder consultation and evaluation of the costs, benefits and 
alternative measures - which appears to be the case in this instance 
- would be inconsistent not only with the 2001 International Civil 
Aviation Organization (ICAO) Assembly Resolution (A33-7) on the 
Policies and programmes based on a "balanced approach" to aircraft 
noise management, but also with the European Parliament and Council 
Directive 2002/30/CE on noise management at European airports. 
Neither the ICAO resolution nor the Directive bars night flight 
limits as such.  While both the Resolution and the Directive respect 
the right of States to make the ultimate substantive decision, they 
do mandate a procedure for consideration of proposed operational 
restrictions at airports that ensures transparency, an opportunity 
for stakeholders to participate, and decisions based on solid data on 
costs and benefits.  The commitment to the "balanced approach" was 
underscored in conjunction with the US-EU Air Transport Agreement, 
which will be applied as of March 30, 2008.  Moving down the path of 
placing operating restrictions at airports in a manner inconsistent 
with the "balanced approach" and with the effect of limiting U.S. 
carriers' market acess will raise fundamental issues in the US-EU Air 
Transport Agreement. 
 
¶3. Post is asked to deliver the talking points in paragraph 7 to 
appropriate German government officials at the federal level, noting 
USG concern with this decision, and expressing USG willingness to 
share with Germany USG experience on these matters covering the full 
range of options to address noise around airports.  End Summary and 
Action Request. 
 
¶4.  BACKGROUND:  The proliferation of night flight restrictions at 
European airports is an issue that continues to plague the 
trans-atlantic aviation relationship.  As far back as 2002 just after 
the EU's adoption of Council Directive 2002/30/CE, Department was 
aware that actions were under consideration in Germany that would 
place an absolute ban on night flights at Frankfurt in "exchange" for 
approval to build a new runway.  Over the years, we have periodically 
registered our concern as plans for the new runway waxed and waned on 
the horizon (invariably postponed because of political in-fighting). 
A decision on night flight restrictions is now imminent. 
 
¶5.  The "balanced approach" to noise management was the international 
answer to the EU's unilateral imposition of de facto operating 
restrictions on certain "hushkitted" aircraft in Europe.  Agreed in 
ICAO, and then incorporated into EU law, it addresses noise problems 
at the individual airport level with oversight by the national 
authority.  It is a transparent and consultative process that 
provides for an assessment of the individual airport noise situation, 
identification of potential measures available to address a noise 
problem, and a comparative economic and environmental assessment of 
those measures.  The goal is to choose the most cost effective 
measure or measures to reduce noise.  Germany, along with the rest of 
the EU member states, was obligated to transpose the Noise Directive, 
and the balanced approach, into German law. 
 
¶6.  To our knowledge, the German government has not undertaken a 
review consistent with the balanced approach in developing plans for 
the new runway at Frankfurt.  Cargo carriers such as Fedex are 
shifting operations away from Frankfurt in anticipation of the 
restrictions.  We face similar struggles in Portugal and in Austria. 
Moves to impose operating restrictions for U.S. carriers that 
undercut the value of market access in a manner inconsistent with the 
"balanced approach" raise significant legal and political issues. 
This issue is likely to figure prominently in the second stage 
negotiations of the US-EU Air Transport Agreement.  It is critical 
that we continue to lay down firm markers that failure to fully and 
in good faith comply with the balanced approach is unacceptable. 
 
¶7.  BEGIN TALKING POINTS 
 
-- Airport noise is a difficult and contentious subject in countries 
around the world. 
 
-- With the support of Germany and other EU member states, we reached 
an historic consensus at the ICAO Assembly in 2001 on a process (the 
"balanced approach") to address noise around airports. 
 
-- That agreement led to the repeal of the so-called EU hushkits 
regulation and formed the basis for withdrawal by the United States 
of proceedings initiated against Germany and other EU Member States 
under Article 84 of the Chicago Convention. 
 
-- The United States welcomed the commitment of EU member states to 
the balanced approach in Directive 2002/30/EC. 
 
-- The U.S., the EU, and its member states reaffirmed that commitment 
in signing the U.S. - EU Air Transport Agreement, noting in the 
memorandum of consultations (MOC) the  importance of international 
consensus in aviation environmental matters within the framework of 
the International Civil Aviation Organization (ICAO), and the 
significance of the unanimous agreement reached at the 35th ICAO 
Assembly on aircraft noise(Resolution A35-5). 
 
-- Further the MOC noted that, both sides are committed to applying 
the "balanced approach" principle to measures taken to manage the 
impact of aircraft noise (including restrictions to limit the access 
of aircraft to airports at particular times).  Both sides also noted 
that where relevant legal obligations existed, whether at 
international, regional, national or local level, they also had to be 
respected in full. 
 
-- We understand that a decision regarding the authorization of a new 
runway at Frankfurt airport is imminent, and that it may include 
restrictions or even a prohibition on night-time operations. 
 
-- As noted, Germay is a party to an internationally agreed process 
to manage airport noise.  All noise management actions contemplated 
should be consistent with the Assembly Resolution, incorporated in 
the EU Directive, and now anchored in the U.S. - EU Air Transport 
Agreement. 
 
-- The balanced approach consists of identifying the noise problem at 
an airport and then analyzing the various measures available to 
reduce noise through the exploration of four principal elements, 
namely reduction at source, land-use planning and management, noise 
abatement operational procedures and operating restrictions, with the 
goal of addressing the noise problem in the most cost-effective 
manner.  The views of industry stakeholders and the general public 
must be solicited and evaluated. 
 
-- States are urged not to apply operating restrictions as a first 
resort but only after consideration of all the elements of the 
"balanced approach".  Further, views of industry stakeholders and the 
general public must be solicited and evaluated. 
 
-- Political decisions inevitably corrode the integrity of the 
process and international trust. 
 
-- The U.S. has itself long struggled with difficult airport noise. 
We have developed a comprehensive "toolkit" of measures to mitigate 
the impact of noise around airports.  That toolkit is not limited to 
flight bans. 
 
-- We would be pleased to share with you our experience in 
implementing these measures.  We have had fruitful exchanges with 
other countries through meetings with FAA experts, airport 
representatives, residents' groups, and airlines in Washington and 
other U.S. cities.  These exchanges present an overview of the 
various approaches to nighttime noise issues undertaken in the U.S. 
 
-- We would welcome the opportunity to arrange such visits for German 
officials, including at the state, local and airport level. 
 
-- Let me emphasize that the U.S. is in no way questioning the right 
of Germany to make the ultimate decision.  Rather, we are concerned 
that imposing operating restrictions without adhering to EU 
legislation - which reflects ICAO consensus and express 
understandings of the Parties to the US-EU Air Transport Agreement - 
will undermine the significant impacts on the aviation industry and 
the economies that rely on air travel. 
 
-- We urge Germany to adhere to the internationally agreed process on 
the balanced approach in moving forward with development at the 
Frankfurt airport. 
RICE