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 -gt Schiphol Act (2003)
• i.e. Amendment of the Act on Aviation
• Order in Council -gtLib
• -gtLvb

4
Schiphol Act 2003

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

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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

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Decree 07.03.2005 (Secretary of Transport)

• Tasks of CROS (article 2)
• To do justice to the interests of its
  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 its activities .

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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)

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Operations at Schiphol airport

• Schiphol Act provides
• General rules and obligations
• Implementing regulations as Orders in Council
• Airport area order
• Airport traffic order

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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

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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

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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

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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

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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)

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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

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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

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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.

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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

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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.
• Authors opinion
• An airline company should have its own sound
  profile

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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.

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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

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Experiments art 82.3a (3)

• The experiment can last only one year with one
  extension of one year at most gt 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

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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.

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Evaluation of Schiphol Act

• The Upper House has asked for an evaluation of
  the Schiphol Act three years after its 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.

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Evaluation Schiphol Act

• Evaluation contains a Environmental Impact
  Assessment (EIA).
• EIA will start in 2007.
• Cabinet has voiced its opinion on the Evaluation

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Cabinets 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.

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Cabinets 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

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Authors opnion

• The Schiphol Act is effective in its claimed
  environmental protection.
• The aviation industry has the challenge to
  increase the overall capacity of Schiphol airport
  while improving the environmental performance as
  well.