Amendment of the Act on Aviation regarding experiments + position of CROS

1. Amendment of the Act on Aviation regarding experiments + position of CROS ISA foundation 16.11.2006 Christiaan Verwer

2. Items to be discussed • Schiphol Act 2003 • Air operations and its legal limitations • How to decrease the noiseload for the surrounding environment?

3. Structure of legislation • Act -> Schiphol Act (2003) i.e. Amendment of the Act on Aviation • Order in Council ->Lib ->Lvb

4. Schiphol Act 2003 amended the Act on Aviation adding Chapter 8 with regard to: a. introduction of CROS b. operations at Schiphol airport.

5. Act on Aviation article 8.34 • introduces CROS consisting out of: • Independent Chairman • Representatives of provinces of North & South Holland and of Utrecht • Representatives of muncipalities in the three provinces • Operator of the airport • Air traffic control Authority • Airline companies visiting the airport

6. Act on Aviation article 8.36: Announces a Decree of the Secretary of Transport to regulate in detail the composition and the task of CROS

7. Decree 07.03.2005 (Secretary of Transport) • Tasks of CROS (article 2): • To do justice to the interests of it’s participants; • To provide information through IKB with regard to the daily operations of Schiphol airport in relation to the environment; • To handle complaints regarding airtraffic to and from Schiphol; • To inform the Secretary of Transport –when asked- about it’s activities .

8. Composition of CROS • Independent Chairman • Representatives of clusters of municipalities; if two, one representing administrators and one representing residents • Operator of the airport • Air traffic control Authority • Airlinecompanies (KLM-group, other airlines using SPL and one for members of Barin)

9. Operations at Schiphol airport • Schiphol Act provides: • General rules and obligations • Implementing regulations as Orders in Council: • Airport area order • Airport traffic order

10. Airport area order Act on Aviation art 8.5 Creates areas with limitations around the airport with regard to aspects of external safety and noise pollution

11. Airport Area Order (2) • Areas with limitations: • Art 2.2.1: bans for buildings in different areas according to their function • Art 2.2.2: limits in height for buildings • Art 2.2.3: limits in use or purpose for categories of activities

12. Airport traffic order • Act on Aviation article 8.17: • Sets frame and obligatory contents of the order with regard to aspects of safety, noise pollution, local air pollution and smell pollution. • Sets limits to the risk of external safety, noise pollution as well as the emission of substances causing local air pollution. • Requires continuous improvement of environmental protection

13. Airport traffic order (2) • Obligations for: • airport operator • air traffic control • airline companies to perform in accordance with the obligations set by and in force of article 8.17 Act on Aviation • Duty to perform each for itself as well as in cooperation

14. Airport traffic order (3) • Aircraftcommander takes care to keep the departing aircraft within air traffic routes (art. 3.1.1 Ato) • Only exception: instruction of air traffic control (par 4) • Same obligation for incoming aircraft (art 3.1.2 Ato) • Only exception: instruction of air traffic control (par 5) • Air traffic control advises the aircraftcommander aiming to stay within the boundaries of air traffic routes (art 3.1.3 Ato) • Exceptions are limited (art. 3.1.3 par 3)

15. Airport traffic order (4) • Ground traffic at airside of airport Aircraft commander takes care to use run- and taxiways in accordance with paragraphs 4 to 6 including of this article Paragraph 4 limits the use of runways Exception only for salvage and rescue operations

16. Airport traffic order (5) • Paragraph 4.2 limits to noise pollution • Art 4.2.1 sets limit to the noise of 63,46 dB(A) in Lden for a 24 hourperiod. The limit is estimated for one year. • Points recorded in annex 2 have the noise limit indicated in annex 2 • Art 4.2.2 sets limits for the period of 23.00 – 07.00 = 54,44 dB (A) • Points recorded in annex 3 have the noise limit indicated in annex 3

17. Supervision • Act on aviation article 8.22: As soon as the Inspector General finds the limits set by article 8.17, paragraph 4 exceeded he prescribes measures which to his opinion contribute to a reduction of the load caused by air traffic. This means no freedom to develop a prosecution policy for the Inspector General.

18. Development of operations • Between 1993 and 2005 the number of aircraftmovements has doubled without a comparable increase of noise pollution • Reason : improving technology and bigger aircraft

19. Effects of regulation • Airline companies have noticed that a reduction of noise level of an aircraft gives more space to the airport operator which means operational opportunities for other competing airline companies; this is not a reward for “good behaviour”. • The total amount of noise is to be performed by the airport not the individual airline companies. • Author’s opinion: An airline company should have it’s own sound profile

20. Experiments article 8.23a (proposed) By Decree of the Secretary of Transport it can be decided that requirements of article 8.15 can be broken by means of experiment upon condition that CROS has indicated that such an experiment can improve the experience of nuisance.

21. Experiments Art 8.23a (2) • The Decree sets the purpose of the experiment, and indicates how the requirements of art 8.15 may be broken • The Decree indicates the realisation execution of the experiment the criteria according to which it will be decided that it is to be transformed into structural legislation

22. Experiments art 82.3a (3) • The experiment can last only one year with one extension of one year at most > favourably this period concides with the operational year (01.11 – 31.10) • The Decree ment in par. 1 needs to be presented to CROS for consultation and is to be published in the State Gazette and local newspapers in order to give anybody the opportunity to present his/her opinion

23. Experiments art 8.23a (proposed) • CROS can file a request for a Decree ment in par. 1 with the Secretary of Transport. The Secretary decides within six weeks after reception of the request and reports to the Lower House as well • Entry into force: one day after publication in the Bulletin of Acts, Orders and Decrees.

24. Evaluation of Schiphol Act • The Upper House has asked for an evaluation of the Schiphol Act three years after it’s entry into force • Schiphol Act art XVI: the Minister will start an evaluation of the effects of the orders according to article 8.15 (ATO) not later than three years after coming into force.

25. Evaluation Schiphol Act • Evaluation contains a Environmental Impact Assessment (EIA). • EIA will start in 2007. • Cabinet has voiced it’s opinion on the Evaluation

26. Cabinet’s opinion • Cabinet wishes to see Schiphol airport to develop further within the existing environmental conditions set by legislation. • Cabinet wishes as well to give opportunities to the surrounding residents to reduce the negative consequences of flying.

27. Cabinet’s desires • Growth for Schiphol airport. • Reduction of nuisance. • Liability for the operations lies with the Airport Authority.(Amsterdam Airport Schiphol Group) • In order to test new opportunities the Act has to be amended to offer room for experiments

28. Author’s opnion • The Schiphol Act is effective in it’s claimed environmental protection. • The aviation industry has the challenge to increase the overall capacity of Schiphol airport while improving the environmental performance as well.