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Amendment Act Aviation (Establishment and use of Schiphol airport)

Original Language Title: Wijzigingswet Wet luchtvaart (inrichting en gebruik van de luchthaven Schiphol)

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Law of 27 June 2002 amending the Air Navigation Act on the Establishment and use of Schiphol airport

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we considered that it would be desirable to lay down rules for the optimum use of Schiphol airport as a high quality hub of national and international air traffic, with due regard for the limits necessary for safety and the environment in order to maintain a sustainable balance between the use of the airport and the quality of the environment, and that such limits should be set so as to ensure that there is an equivalent transition from the present to the new system;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:


Article I. (Air Transport Amendment)

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Article II. (Aeronautical Amendment)

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Article III. (General administrative law amendment)

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Article IV. (Noise change Act)

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Article V. (Amendment to the Environmental Management Act)

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Article Vi (Dropping of PKB Schiphol and surroundings)

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At the time of entry into force of the first airport classification decision and the first airport traffic decision, the 'Schiphol and the Environment' Planological Nuclear Decision is due to expire.


Article VII. (Expired from the Schiphol aerodrome)

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At the time of entry into force of the first airport decision and the first airport traffic decision, the entry into force of the Chapter IV of the Aviation Act The designation of the Schiphol aerodrome.


Article VIII. (Transitional provision on environmental impact report)

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  • 2 The report is made by Our Minister of Transport and Water State.

  • 3 The report focuses on a comparison of the level of protection afforded by the entry into force of the acts referred to in paragraph 1, with the level of protection laid down for the entry into force of Article VI. of the five jobs system has been described in the PKB Schiphol and Environment.

  • 4 The report shall contain, in any event, the information referred to in Article 5 (3) of the Directive 85 /337/EEC of the Council of the European Communities of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (PbEG L 175), as amended by: Directive 97 /11/EC of the Council of the European Union of 3 March 1997 (PbEG L 397).


Article IX

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The aim of sustainable development must be to improve the quality of the environment. To this end, the situation of Schiphol should not worsen the situation from 2003 as compared with 1990 for external safety and local air pollution parameters and improve the situation for aeronautical noise, as established in the Annex. Planological Nuclear decision Schiphol and Environment and in the manner provided for in the Article X to: XIII . Within the framework of these environmental limits, Schiphol is given the space to develop optimally.


Article X. (restricted area transitional provision)

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In determining in the first airport classification decision of the rules applicable to the restricted area, the rules referred to in Article 8.7 (2) (a) and (b) of the Aviation Act shall in any event identify the grounds set out in the PKB. Shiphol and Environment shall be designated as a safeguard zone, except where those grounds are also referred to in the PKB as the national buffer zone and no restrictions are necessary for those grounds for the purposes of safety and noise pollution in the Community. link to the vicinity of the airport.


Article XI. (External safety determination)

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  • 1 For the purpose of establishing the first airport classification decision and the first airport traffic decision relating to external security, the following calculations are made:

    • a. for the individual risk, the 10 -6 contours calculated;

    • b. These contours do not include dwellings more than the corresponding 10 -6 contours for individual risk, calculated on the basis of data for 1990;

    • c. on the basis of the data used for the calculation referred to in point (a), the 10 -5 To determine the contours for individual risk.

  • The calculations referred to in paragraph 1 shall be carried out using the model of calculation as laid down in the report of the National Air and Space Laboratory NLR CR 93372 L, subsequently amended by report NLR-CR-2000-147.

  • 3 In determining the first airport classification decision, the grounds shall be: Article 8.7, third paragraph, of the Aviation Act , in such a way as to include, in any case, the grounds within the contours referred to in point (c) of the first paragraph.

  • 4 When establishing the first airport traffic decision, the limit values for the external security risk shall be aligned to the data referred to in point (c) of the first paragraph.

  • 5 Our Minister for Transport and Water State and our Minister for Housing, Spatial Planning and the Environment are developing as soon as reasonably possible a causal model that is aimed at internal security of airport air traffic. The results of the model relevant to external safety shall be taken into account in the Schiphol airport traffic decision and the Schiphol airport decision .


Article XII. (Noise tax (transitional provision))

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  • 1 In fixing the limit values for noise pollution in the first airport traffic decision, the points referred to in Article 8.17 (b) of the Air Transport Act shall be as set out in Article 8.17 (b) of the Law on Aviation, Use of the Lden as sound tax indicator. The following rules are used in connection with the transition from Ke to Lden:

    • a. In a manner consistent with the rules applicable until the entry into force of Article II A 20 Ke contour and a 35 Ke contour are calculated;

    • b. The number of severely impedived within the 20 Ke contour shall not exceed 45 000, determined in accordance with the conditions laid down in the PKB Schiphol and Transposition;

    • c. The 35 Ke contour shall comprise a maximum of 10 000 dwellings determined in accordance with the conditions laid down in the PKB Schiphol and Transposition;

    • (d) the location of this contour shall constitute the starting point for determining the location of the points to which the limit values apply;

    • e. on the basis of the data used for the calculation of this contour, a calculation of the noise load with the Lden as a noise indicator shall be calculated for these points;

    • f. the noise loads thus found in these points form the basis for determining the height of the limit values in the points.

  • 2 In fixing the noise limit values for the night of the night in the points referred to in Article 8.17 (b) of the Aviation Act, the first airport traffic decision on noise emission limits shall be used. made from the Lnight as sound tax indicator. In doing so, the following rules are used in connection with the transition from LAeq to Lnight:

    • a. In a manner consistent with the rules applicable until the entry into force of Article II A 20 dB (A) LAeq contour and a 26 dB (A) LAeq contour are calculated;

    • b. The number of people experiencing sleep disturbance within the 20 dB (A) LAeq-contour shall not exceed 39 000, determined in accordance with the manner in which it is established in the PKB Schiphol and Environment;

    • c. The 26 dB (A) LAeq contour shall comprise a maximum of 10 100 dwellings determined in accordance with the manner in which it is established in the PKB Schiphol and Transposition;

    • (d) the location of this contour shall constitute the starting point for determining the location of the points to which the limit values apply;

    • e. on the basis of the data used for the calculation of this contour, a calculation of the noise load with the Lnight is made as a noise-indicator indicator for these points;

    • f. the noise loads thus found in these points form the basis for determining the height of the limit values in the points.

  • 3 The first and second paragraphs shall apply mutatis mutandis to the determination of a limit value for the total volume of noise pollution, subject to the following:

    • a. In the definition in subparagraph (c) of those paragraphs, no surcharge for changing meteorological conditions is used;

    • b. only one limit value is set for the collection of items referred to in subparagraph (d) of those paragraphs;

    • (c) the location of these points may be determined by a recasting in order to establish a limit value independent of the distribution of noise pollution in the environment.


Article XIII. (Local Air Pollution Transitional Provision)

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  • 1 When establishing the first airport traffic decision, limit values for emissions of substances which cause local air pollution are determined in such a way that the forecasts from that moment on emissions from Do not exceed the following values for aviation, road transport, industry, horticulture, horticulture and space heating in the field of study.

    Substance

    Maximum emission per year

    CO

    45 701 tonnes

    NOx

    19 771 tonnes

    VOS

    21 173 tonnes

    SO2

    1 274 tonnes

    PM10

    1 208 tonnes

  • 2 The emissions are calculated according to the method established in the TNO reports R 2000/100 and R 2000/496.


Article XIV. (Amendment based on the implementing scheme)

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After the entry into force of this Article, the System of Noise Regulations 1997 is based on the application of the Airport Schiphol airport to Article 8.32 of the Aviation Act.


Article XV. (Evaluation of Inspection Traffic and Water State)

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Our Minister of Transport and Water State shall send to the States-General for 1 January 2008 a report on the effectiveness of the enforcement of Title 8.3 of the Law Aviation by the Inspection Movement and Water State.


Article XVI

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  • 1 Our Minister of Transport and Water State, at the latest three years after the entry into force of this Act, in agreement with Our Minister of Housing, Spatial Planning and the Environment, shall send to the States-General a report on the effectiveness and the effects in the practice of the under Articles 8.4 and 8.15 of the Law Aviation Decisions adopted.

  • 2 In the report, in any case, it indicates how the group risk to people on the ground can be determined and governed through instruments aimed at using the airport in combination with the spatial development. organisation in the vicinity of the airport. Our Minister for Transport and Water State and our Minister for Housing, Regional Planning and the Environment are carrying out an ex ante evaluation of the group risk policy.

  • 4 The millineutral impact report is designed to compare the level of protection provided by the Articles 8.4 and 8.15 of the Law Aviation Decisions adopted, with the level of protection laid down for the entry into force of Article VI with regard to the five jobs system is described in the PKB Schiphol and Environment. Article IX shall be complied with.

  • 5 To the extent that the report does not show that the Articles X to XIII is satisfied, our Minister for Transport and Water State, in agreement with our Minister for Housing, Regional Planning and the Environment, is in agreement with the change of the situation in the Articles 8.4 and 8.15 of the Law Aviation Those decisions.


Article XVII

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The articles of this Law shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts of such articles.

Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Given at The Hague, 27 June 2002

Beatrix

The Minister of Transport and Water,

T. Netelenbos

The Minister for Housing, Spatial Planning and the Environment,

J. P. Pronk

Published the sixteenth July 2002

The Minister of Justice,

A. H. Korthals