KLM Royal Dutch Airlines (KL, Amsterdam Schiphol) is analyzing the effects of a Dutch appeals court decision that permits the government to cut the number of flights at Amsterdam Schiphol by 12%, to 460,000 flights, starting in March 2024 in order to reduce noise and carbon emissions.
The airline, together with IATA, expressed its dissatisfaction with the Amsterdam Appeal Court following the Court's decision to annul an April 5 judgement of the District Court, which had found that the Netherlands government's experimental regulation to reduce Schiphol's capacity was contrary to the European Union's obligation to adopt a balanced approach to reducing noise and carbon emissions. The District Court had determined that the state had failed to comply with the relevant European Union regulations when attempting to reduce capacity from five hundred thousand to four hundred and fifty thousand flights per year at Schiphol in the 2021/2022 season.
Once the state filed an appeal, the Appellate Court ruled that, under certain circumstances, the Dutch state may implement an experimental interim plan so long as it doesn't conflict with EU aviation standards. In a letter to the Dutch Parliament's Lower House (Tweede Kamer) dated July 7, Minister of Infrastructure and Water Management Mark Harbers stated that the ruling is now being analyzed and that the following steps are being planned. "In other words, the State is free to stop anticipatory
enforcement after March 31, 2024. [...] We anticipate that the experimental plan will be implemented, anticipatory enforcement will end, and a maximum of 460,000 air transport movements will resume at Schiphol "Added Harbers.
"We are looking into the decision notwithstanding our disappointment. How an experimental regulation can be used is not explicitly stated by the court. As the timing, manner, and impact of the ruling's implementation are presently unknown, as well as what it means for the volume of aircraft movements at Schiphol, "In a statement, KLM stated.
The airline promised to keep talking to other interested parties in order to find a resolution. The airline announced on June 15 that it will invest up to EUR7 billion (USD7.6 billion) in new planes and implement smarter flying procedures and schedules, claiming that this would be a better method to lower noise and CO2 emissions at Schiphol because it would mean maintaining its network. "We would very much like to achieve this in cooperation with government and airport authorities, Air Traffic Control the Netherlands (LVNL), and other stakeholders, within the framework of the balanced approach required by the EU in the context of the noise reduction targets the ministry has set," it was stated in the statement.
In a separate press release, the International Air Transport Association (IATA) noted that the governments involved in the decision, including the Netherlands government, had signed the Chicago Convention (CTC) and its Annexes, which incorporate the balanced approach laid down in European legislation. The decision, IATA added, was a "disappointing outcome" for those travelling to and from the Netherlands, as well as for the Dutch economy and airlines. The full effect of the decision on the projected capacity cuts is yet to be determined, and there is no established international procedure for such retrograde action. As the decision and its complexities are further analysed, the Dutch government's intentions remain unclear. The European Commission is also being urged to defend its legislation and air services agreements. Ultimately, IATA's Director General, Mr. Willie Walsh, stated that the balanced approach is the "most effective and internationally accepted solution" to the local community's noise concerns.
Air Canada, United Airlines, FedEx Express, JetBlue Airways, British Airways, Vueling Airlines, Lufthansa, and Airlines for America are among the airlines that joined IATA's legal action.
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