Recent developments regarding the capacity of Schiphol Airport

November 2024

Schiphol Airport is one of the main airports in Europe. In 2023 more than 60 million passengers travelled to, from or through Schiphol airport. Schiphol Airport connects the Netherlands with most parts of the world and is very important for the Dutch economy.

However, in December 2021, the previous Minister of Infrastructure and Water Management announced that the government would seek a new balance between economic interests and a healthy living environment. He indicated that the government would look at possibilities to reduce noise for the benefit of local residents.[1] The Dutch government initiated a three-tier process to effectuate this policy change.[2] Amongst others, the government decided to implement a temporary ministerial regulation (the Experimental Regulation) through which the capacity of Schiphol Airport would be reduced from 500,000 to 460,0000 flight movements. This led to litigation initiated by (amongst others) a number of airlines. Van Traa assisted one of these airlines.

On 12 July 2024, the Supreme Court ruled in favor of these airlines and held that the Dutch government cannot impose such temporary measures, without first following the Balanced Approach procedure as prescribed in the European Noise Regulation 598/2014.[3] The Supreme Court stated that, as the proposed measures would limit the airport's operational capacity to 460,000 flights per year, these constitute a noise-related operating restriction under the European Noise Regulation. This Regulation does not provide grounds to exclude temporary or experimental measures that limit access to or the operational capacity of an airport from its scope. Therefore, the government can only implement the proposed measures after completing the Balanced Approach procedure.[4]

The Balanced Approach procedure is not only based on the European Noise Regulation, but also on Annex 16 of the Chicago Convention.[5] This treaty was signed on 7 December 1944, and came into effect for the Netherlands on 25 April 1947. The Balanced Approach was first established in ICAO Resolution A33/7[6] and later included in Annex 16 of the Chicago Convention.

The Balanced Approach procedure in the Netherlands

The Dutch government has initiated a Balanced Approach procedure with the aim of reducing noise nuisance for local residents around Schiphol. The Minister submitted a notification document to the European Commission on 1 September 2023, in which a package consisting of various noise mitigation measures has been presented.[7] This document states that the aim is to reduce the number of severely affected individuals during the day with 20% and during the night with 15%.

Following further discussions with and inquiries from the European Commission, the Minister revised the initial package of measures and submitted it to all relevant stakeholders for additional consultation. On 4 September 2024 the Minister submitted a revised notification document.[8] This revised package contains a range of 475,000 to 485,000 flight movements per year. The exact number is still being awaited and will be determined on the basis of calculations which are still being made.

The European Commission has up to three months to provide its opinion on the proposed measures.

* * *

[1] Coalition agreement 'Omzien naar elkaar, vooruitkijken naar de toekomst', dated 15 December 2021.
[2] Letter from the Ministry of Infrastructure and Water Management of 24 June 2022 (IENW/BSK-2022/156292). The second track is to introduce measures that provide noise abatement. This is followed by the third track which focuses on developing a new system based on standards and values for limiting noise and emissions by 2027.
[3] Supreme Court 12 July 2024, ECLI:NL:HR:2024:1061.
[4] Supreme Court 12 July 2024, ECLI:NL:HR:2024:1061, paragraph 3.3.4.
[5] Convention on International Civil Aviation, Doc 7300/9, 7 December 1944.
[6] ICAO Resolution A33-7 applies from October 5, 2001, and can be accessed at: https://www.icao.int/environmental-protection/documents/statements/a33-7.pdf.
[7] Ministry of Infrastructure and Water Management, Notificatiedocument. Notificatie Europese Commissie Balanced Approach procedure Schiphol, September 2023.
[8] Ministry of Infrastructure and Water Management, Aanvullende raadpleging. Balanced Approach Schiphol, May 2024.