The state is appealing against the rejection of the government’s plans to limit Schiphol’s flight capacity in the short term.
Minister Mark Harbers (Infrastructure and Water Management, VVD) reported to the House of Representatives on Tuesday morning that the state has instituted an emergency appeal. On Tuesday, Harbers will speak to the House of Representatives about the theme of ‘sustainable aviation’.
The court in Haarlem ruled last Wednesday that the state had not followed the correct European rules in its shrinking plans for Schiphol. The summary proceedings were initiated by KLM and other airlines and aviation organisations.
Minister Harbers wanted to reduce the number of flight movements at the airport in two steps: from a maximum of 500,000 to 460,000 in November 2023, and to 440,000 a year later.
In the first step, Harbers also had a “careful process” (balanced approachprocedure) must be followed. This is prescribed by the European Commission in the regulation for noise-related operating restrictions at airports. Harbers is now following this procedure for the second step. The procedure means that all options must first be examined to limit noise nuisance (more home insulation, other approach routes) before a reduction in the number of flight movements may be introduced.
Read also: Residents living near Schiphol once again feel abandoned. ‘There is far too much aircraft noise for a healthy living environment’
tolerate
About Wednesday’s verdict writes Harbers: “The verdict is not in the interest of the people living near Schiphol. The restoration of their legal position cannot yet be achieved.” The minister is referring to the fact that since 2015 – at the expense of the living environment around the airport – aircraft have been allowed to make more noise than agreed with all parties involved. More aircraft noise is tolerated at some locations as long as the total noise nuisance remains within the agreements on balance.
The toleration followed from agreements that had to be included in the so-called airport traffic order within a reasonable period of time. But that never happened due to, among other things, the nitrogen problem.
By order of the court in Haarlem, this toleration (‘anticipatory enforcement’) must now be continued until a new airport traffic order has been passed. When that is depends, among other things, on the nitrogen issue.
It is not yet known whether Schiphol will also appeal.