Key Benefits:
Decision of 6 February 2009 on the establishment of rules applicable to military airports (Decision military airports)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of the State Secretary for Defence of 21 April 2008, No C/2008009692, Directorate-General for Legal Affairs, done in accordance with our Minister for Housing and Regional Planning and the Environment;
Having regard to the articles 10.12, first and second paragraphs , 10.13, 2nd and 4th Member , 10.19 , 10.27, 5th paragraph , and 10.39, 5th paragraph, of the Law Aviation Act ;
The Council of State heard (opinion of 29 May 2008, no. W07.08.0143/II);
Having regard to the further report of the State Secretary for Defence dated 2 February 2009, No C/2009001479, Directorate-General for Legal Affairs, delivered in accordance with our Minister of Housing and Regional Planning and the Environment;
Have found good and understand:
1 In this Decision, the following definitions shall apply:
Other sound-sensitive building: building with an educational function or health care function as intended Article 1.1 of the Construction Decision 2012 ;
building: building as intended in Article 1, first paragraph, of the Housing Act ;
Sound contour: the line connecting points where the sound load has an equal value;
Noise zone: that part of it in Article 10.17, first paragraph, of the Act restricted area, resulting from the in Article 10.17, second paragraph, of the Act Referred to as the limit value for noise;
noise level limit value: Noise limit value for the purpose of the noise Article 10.12, second paragraph, of the Act ;
helihaven: airport permanently equipped and equipped for the exclusive use of helicopters;
Berth: place in the water, intended or designated for the purpose of being taken by a houseboat for stay;
Obstacle management area: that part of it in Article 10.17, first paragraph, of the Act restricted area, resulting from the in Article 10.17, third paragraph, point (b) of the Act shall mean rules for the maximum height of objects;
Our Minister: Our Minister of Defence;
regular opening times: Opening times of the military airport as laid down in the airport decision or the airport settlement;
place: offering, intended to place a trailer, to which provisions may be provided on the main line of public utility companies, other institutions or municipalities;
time of establishment of the noise zone: time at which our Minister for the military airport concerned the noise zone on the grounds of Article 25a of the Aviation Act has been established or the noise zone as part of the restricted area under the control of the Article 10.17 of the Act has been established;
permit to build: permit as specified in Article 40, first paragraph, of the Housing Act or a permit as referred to in Article 2.1, first paragraph, introductory wording and point (a) of the General Provisions Act ;
VFR flight: VFR flight as intended Article 1 of the Air Traffic Decision 2014 ;
Law: Aviation Law .
2 For the purposes of the concept of 'berth' means a ship which is used exclusively or principally for habitation or intended for habitation.
3 A reception centre as intended Article 1 (d) of the Central Org for asylum seekers is not a dwelling as referred to in this Decision.
1 Title 10.3 of the Act shall apply to the following military airports:
a. Deelen, Eindhoven, Gilze-Rijen, De Kooy, Leeuwarden, De Peel, Volkel and Wednesdrecht;
b. Other, in ministerial terms, airports other than those referred to in subparagraph (a), of which more than 12 times a year is used.
2 An airport decision is required for the airports referred to in point (a) of the first paragraph.
1 The noise load by landing and ascending aircraft specified in Article 10.12, second paragraph, of the Act , shall be expressed in Kostenunits.
2 The noise load in Kostenunits referred to in paragraph 1, in a given place, caused by the joint operation at an airport and rising aircraft of an authorised total mass of not less than 6000 kg or less than 6000 kg but more than 390 kg in so far as this is the jet-driven aeroplanes and helicopters, or use the same on-and off-flight routes as the aircraft of at least 6000 kg, or Flight patterns of these aircraft correspond to those of aircraft of at least 6000 kg, shall be determined according to the formula:
sound load = 20xlog (Σ nx10L/15) -157, which contains the character "Σ" stands for the addition of the contributions of all aircraft flying over on the spot over a period of one year and in which the symbol 'n' represents a factor equal to 1 during the period from 8 a.m. to 6 p.m. and for the remainder of the period of 8 p.m. time period according to the table below:
n-
Time period (local time)
Of
to
| 10 |
0 |
6 hours |
| 8 |
6 |
7 hours |
| 4 |
7 |
8 hours |
| 1 |
8 |
18 hours |
| 2 |
18 |
19 hours |
| 3 |
19 |
20 hours |
| 4 |
20 |
21 hours |
| 6 |
21 |
22 hours |
| 8 |
22 |
23 hours |
| 10 |
23 |
24 hours |
And where the symbol 'L' represents the maximum sound level in dB (A), which is or can be measured in ambient air for a passing aircraft on the ground.
For the Article 2, first paragraph, part a The airports mentioned above are the limit value for the maximum permissible sound load outside the noise zone 35 Cost units.
1 The maximum permissible sound load of dwellings and other sound-sensitive buildings which are not yet present at the time of determining the noise zone and for which no construction permit has yet been granted shall be 35 Cost units.
2 The maximum permissible sound load of pitches and berths that do not exist at the time of determining the soundzone within is 35 Cost units.
By way of derogation from Article 5, first paragraph , is the maximum permissible sound load of homes and other sound sensitive buildings as intended that Article 45 Cost Units:
1 °. for dwellings or other sound-sensitive buildings, which fill an open place in the existing buildings, to be maintained;
2 °. for dwellings or other sound-sensitive buildings which are intended to replace existing buildings, non-housing, other sound-sensitive buildings or pitches;
3 °. for dwellings or other sound-sensitive buildings which are moved within the area concerned to a location where the noise pollution caused by airport air traffic is less, except that in the case of the old dwelling or the other sound-sensitive building shall be removed from the destination; or
4 °. for dwellings which are urgently needed on the spot for reasons of land or business activity.
By way of derogation from Article 5, first paragraph , is the maximum permissible sound load of dwellings or other sound sensitive buildings as intended that Article 65 Cost Units:
1 °. for dwellings or other sound-sensitive buildings, which fill an open place in the existing buildings, to be maintained within the built-up area;
2 °. for dwellings or other sound-sensitive buildings which are intended to replace those buildings which are already in built-up areas, other buildings, other sound-sensitive buildings or pitches;
3 °. for dwellings or other sound-sensitive buildings which are moved within the builtup to a location where the noise pollution caused by the airport's air traffic is less, except that the old dwelling or the other sound-sensitive building shall be removed from the destination;
4 °. for dwellings or other sound-sensitive buildings, where it is established that the sound load on the spot will be reduced to 35 Cost units or less within two years; or
5 °. for dwellings or other sound-sensitive buildings which replace dwellings, other sound-sensitive buildings or pitches which are already in place.
40 Cost units shall be the maximum permissible sound load on a dwelling already present or not present within the time of the setting of the noise zone but for which the permit has been granted for the construction.
By way of derogation from Article 8 65 Cost units is the maximum permissible sound load of a dwelling as intended in that Article if:
a. The soundproofing of the external separation structure of the soundproofed spaces specified in the in Article 10.24 j ° c 8.32 of the Law Aviation Act the arrangements referred to above shall be at least equal to the values set out in that arrangement;
b. The property was built under a permit for building for which the application was submitted to the mayor and alderman after 14 February 1983, and the sound load in Kostenunits does not exceed the requirements of the sound contour. Noise charges in Cost Units at the date of the granting of the permit for construction, which, under the procedure referred to in point (a), would be subject to a heavier requirement to the noise limit referred to in paragraph (a) above than the requirement applicable to the latter date. where Article 8 of the Decision is applied, buildings or buildings are subject to noise Section 3.1 of the Construction Decision 2012 ;
(c) The offer is made by Our Minister for the adoption of soundproofing devices which satisfy the values referred to in point (a); or
d. The owner or occupant is not authorized to carry out an acoustic and construction technical examination as referred to in the procedure referred to in point (a).
35 Cost units are the maximum permissible sound load for another sound sensitive building that is already present or not present at the time of determining the noise zone but for which the permit is intended to build. ed.
By way of derogation from Article 10 65 Cost units is the maximum permissible sound load of another sound sensitive building as intended that Article if:
a. The soundproofing of the external separation structure of the soundproofed spaces specified in the in Article 10.24 j ° c 8.32 of the Law Aviation Act the arrangements referred to above shall be at least equal to the values set out in that arrangement;
b. the other sound-sensitive building is built under a permit for building for which application is submitted to the mayor and alderman after February 14, 1983, and the sound load in Cost Units according to the sound contours not higher than the noise load in Cost Units on the date of the granting of the permit for construction, which, under the scheme referred to in point (a), is subject to a heavier requirement to the noise limit referred to in paragraph (a) than the requirement to be applied to the last date applied in application of Article 8 of the building noise decision, or Of Section 3.1 of the Construction Decision 2012 ;
c. the offer is made by Our Minister for the adoption of soundproof devices which are satisfied with the values referred to in point (a); or
d. The owner is not authorised to carry out an acoustic and construction technical examination as referred to in the scheme referred to in point (a).
The maximum permissible sound load of a place of employment that is already present at the time of determining the noise zone shall be 40 Cost units.
The maximum permissible sound load of a berth already in place at the time of determining the noise zone shall be 40 Cost units.
1 In respect of the person who is a legitimate user of a dwelling, other sound-sensitive building, place of place or berth as referred to in § 2.3.2 at the time when the noise zone is fixed, the termination of such use shall not be required.
2 Of legitimate use, if at the time when the sound area is fixed, a dwelling, other sound-sensitive building, place of place or berth is lawfully present at the place in question and in accordance with the original destination is to be used, or before that date a permit for building it has been granted.
If on the inside Article 2, first paragraph, part a Where airports are authorised to use civil service through the intervention of a civil operator, the limit value for the maximum permissible sound load for civil air traffic shall be 35 Cost units and the limit value for the military use of civil service. air traffic 35 Kostenunits.
1 The maximum permissible height of objects in, on or above the ground, which were not present in the obstacle management area on 25 June 2004, in relation to the safety of airport air traffic, in accordance with the record shown in the Annex to the Agreement on the safety of air traffic in the area of air traffic. State Gazette disclosed announcement of our Minister in force version of the NATO Standardization Agreement No. 3759 for NATO Supplement to ICAO DOC 8168-OPS/611, Volume II, for the preparation of instrument approach and departure Procedures-AATCP-1 (B). The first sentence shall not apply if:
a. Authorisation for building the object before 25 June 2004 has been granted; or
b. the construction of the object in the zoning plan in force on 25 June 2004 is foreseen.
2 The maximum permissible height of objects in, on or above the ground, which were not present in the obstacle management area on 1 November 2006, is, in relation to the safety of the land of aircraft using an instrument 'Land system', in accordance with the version of the ICAO EUR DOC 015 that is published in the Official Gazette, published in the Official Journal of our Minister. The first sentence shall not apply if:
a. Authorisation for building the object before 1 November 2006 has been granted; or
b. The construction of the object in the zoning plan in force on 1 November 2006 is foreseen.
3 The image of the radar present at the airport should not be disturbed due to the height of objects in, on or above the ground. The first sentence does not apply to objects:
a. which were already present in the obstacle management area on 1 November 2006;
b. for which the building permit was granted before that date; or
c. The construction of which is provided in the zoning plan in force on that date.
4 Derogation from the second and third paragraphs shall be granted if an examination carried out for that purpose shows that the influence of the instrument on land system is the subject of the radar picture from the point of view of the safety of air traffic. is acceptable.
5 The examination referred to in paragraph 4 shall be carried out by our Minister on an application for that purpose.
6 The versions referred to in paragraphs 1 and 2 shall be available for inspection of the location indicated in the communication in question.
1 Military air traffic at or above military airports should not be hindered by civil aviation under any circumstances.
2 The commanders of landing, rising, taxi and parting civil aircraft shall be worn in accordance with the instructions given by the local air traffic control services in respect of air traffic.
1 In the interests of carrying out the military task, the commander of the military airport may provide civil aviation directions on the use of the military airport.
2 The commander may determine, in the case of military exercises or unforeseen circumstances, that civil aviation shall temporarily not make use of the military airport.
3 The countries, taxiing, parking, stabling, takeoff, experimentation and demonstration shall be carried out only on or of those parts of the site designated for that purpose by the commander.
4 In case of failure to comply with the instructions given by the Commander, the Commander may either deny access to the airport or impose restrictions or a temporary ban on the use of the airport.
The military airport is being used properly by the civil aviation sector.
For the purposes of this paragraph:
a. recreational civil aviation: the practice of air transport in the form of gliders, towed flies, motorsport flies, model flying or sailing aircraft;
b. Gliders: fly with a sailplane or a motor glider;
c. Towed flies: fly with an engine aeroplane equipped as a towing aeroplane for:
1 °. flights for howing sailplanes;
2 °. control flights which are required to be carried out prior to the start of actual towing operations;
3 °. flights, sledging, of and to an airport other than that of floating sailplanes;
4 °. flights for transferring the towing aircraft to and from an airport other than station equipment in order to set it up or to perform maintenance;
ed. Motor sport flies: non-professional flying with a propeller powered vastewing aircraft, including ultra-light aeroplanes, in which the flight is solely the character of a sport flight;
e. Model flying: Checked model aeroplanes with model aircraft with a total take-off mass not exceeding 25 kg;
f. Sailflies: fly with a glide with rigid head structure, which can be worn and can only be started and landed by using the legs of the driver.
1 Recreational civil aviation is not permitted:
a. Outside the uniform day-to-day light period;
b. Before 8:00 a.m. local time.
2 Drag flies is not allowed before 12:00 p.m. on Sunday and on Christian holidays.
1 Recreational civil aviation is practiced only in the presence of a coordinator responsible for the relevant form of recreational civil aviation as intended Article 23, first paragraph .
2 Without prejudice to the first paragraph, recreational civil aviation shall be conducted outside the normal opening hours of the airport concerned only in the presence of a lead flight coordinator.
3 If multiple associations at the airport simultaneously enjoy the same form of recreational civil aviation, one of the coordinators referred to in that form shall act as coordinator for the whole of that form. form of recreational civil aviation.
1 The commander of the airport shall, depending on the forms of recreational civil aviation practised at the airport concerned, appoint the following coordinators:
a. For hovering operations including towing flight: A glider flight coordinator;
b. For motor sport flies, an engine sport flight coordinator,
c. for the model flying: a model flight coordinator,
d. For the sailing flight: a sailing flight coordinator.
2 Where recreational civil aviation is practiced outside the regular opening hours of the airport concerned, the Commander shall also designate one or more head flight coordinators.
3 The coordinator shall be responsible for the form of recreational civil aviation for which he has been designated as coordinator for:
a. Supervising the proper and safe use of the airport;
b. giving guidance to the practice of recreational civil aviation.
4 The main flight coordinator is outside the airport ' s opening hours in charge of overall guidance on and overall supervision of the total recreational civil aviation at the military airport, as well as with the deployment of emergency services in case Of calamities. In carrying out his duties, he shall take into account the indications given by the commander of the airport.
5 For the function of coordinator or head flight coordinator, only the person meeting the requirements of the Minister for the Coordinator concerned with regard to knowledge, experience and suitability shall be eligible.
6 The commander of the airport shall be responsible for the revocation or suspension of the designation of coordinator or head flight coordinator, if the person concerned no longer fulfils the requirements of the fifth paragraph or who is guilty of misconduct.
1 Practitioners of recreational civil aviation shall be worn in accordance with the instructions given by the coordinator concerned.
2 The coordinator shall follow the instructions of the commander for the performance of his duties within the opening times. Beyond the opening times, he shall follow the instructions of the lead flight coordinator for the performance of his duties.
3 If only one form of recreational civil aviation is exercised at the airport, the function of head flight coordinator shall be fulfilled by the coordinator designated for the relevant form of recreational civil aviation.
Without prejudice Article 21 in the case of recreational civil aviation, outside the regular opening times of the airport concerned, the airport may use the airport if the following conditions are met:
a. A Head Flight Coordinator is present;
b. be flown exclusively within the local traffic area in accordance with the provisions of Implementing Regulation (EU) applicable to VFR flights. Commission Regulation (EC) No 923/2012 of 26 September 2012 on the adoption of common air traffic rules and operational provisions concerning air navigation services and procedures and amending implementing Regulation (EU) No 923/2012 1035/2011 and regulations (EC) No CAS No 1265/2007, (EC) No 1794/2006, (EC) No 1794/2006 No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (PbEU 2012, L281) and the Air Traffic Decision 2014 ;
c. The terrain parts and traffic circuits for gliders, towed flies, motorsport flies, model flying and sailing fly are completely separated, with motor sport flying the track for ultra-light aircraft separated from the aircraft. other motor sport aeroplanes;
d. In a traffic circuit for motorsport flies, a maximum of three aeroplanes shall be located.
1 At a military airport, up to two towed aircraft are stationed. In occasional cases, after obtaining the commander's consent, the number of two towing aircraft may be temporarily increased to a maximum of four.
2 The towing flight follows the instructions of the glider flight coordinator regarding hovering.
3 There is not started or landed with a towing aircraft from or at a military airport other than for towing flying.
4 During towed flies, no passengers shall be co-fed except that it is permitted to do so during surveillance flights as intended for use in the flight. Article 20 (c) (2) , a second authorized towing knight, and that during the Article 20, first paragraph, point (c) (3) , intended flights, during the flight part which is not actually towed, the driver of the over-ground glider is carried.
Outside the regular opening times, no flights with motorsport aircraft take place from or to military airports.
Civil aviation which serves a general social interest may use that airport outside the regular opening hours of the relevant military airport, if the following conditions are met:
a. The flight is carried out by helicopter or with a screw-drive fixed-wing aeroplane and with a mass not exceeding 6000 kg;
b. be flown exclusively within the local traffic area in accordance with the provisions of Implementing Regulation (EU) applicable to VFR flights. Commission Regulation (EC) No 923/2012 of 26 September 2012 on the adoption of common air traffic rules and operational provisions concerning air navigation services and procedures and amending implementing Regulation (EU) No 923/2012 1035/2011 and regulations (EC) No CAS No 1265/2007, (EC) No 1794/2006, (EC) No 1794/2006 No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (PbEU 2012, L281) and the Air Traffic Decision 2014 ;
c. use is made of routes designated by the Commander of the airport;
d. In particular, account shall be taken of any recreational aviation that may be located at or above the airport.
In relation to the use of the airport by civil aviation, the rules of our Minister may be subject to detailed rules.
This Chapter shall apply to the following Article 2, first paragraph, part b Designated heliports.
1 The construction, fitting and equipping of a heliport shall be such as to allow helicopters to make safe use of it.
2 The heliport is free from obstacles and disposed of in such a way that it is freely available to the public.
3 The in-and out-of-flight sectors are such that helicopters can land and take off and that the nuisance for the residents of the population is minimal.
4 At or near the immediate vicinity of a heliport sufficient and proper rescue and fire extinguishing means exist for the purpose of saving human life and the fight against aircraft fires, as well as sufficient and relevant personnel for the purpose of operation of these means.
1 Before a heliport may be used by a helicopter, permission must be obtained from the heliport administrator.
2 The administrator of the heliport shall ensure that:
a. From the heliport a safe use can be made;
b. measures shall be taken to ensure proper safety and safety oversight of the heliport during the use of helicopters;
c. The use of helicopters on the heliport shall be recorded in a register;
(d) passengers under escort of authorised personnel to and from the helicopter shall be guided;
The equipment required for the use of helicopters on the heliport is in a firm condition and the personnel to be deployed on that heliport shall be calculated for its task.
3 In the register referred to in paragraph 2 (c), the following information shall be given in any case:
a. The nationality and registration mark as well as the type of helicopter;
b. Date and time of arrival and departure.
4 Each quarter, a copy of the register referred to in paragraph 2 (c) shall be sent to the Military Aviation Authority.
1 The traffic circuit, the routing, the speed and the height of the travelling and incoming helicopters shall be chosen so that the occurrence of avoidable noise nuisance, in particular in built-up bowls and in the vicinity of special buildings, shall be the main characteristics of the vehicle. as hospitals and sanatoria are prevented.
2 The use of the heliport between the hours of 22:00 and 06:00 is prevented as much as possible.
The following data relating to the noise load by military aircraft shall not be disclosed:
a. The numbers of fly movements;
b. The performance data with corresponding selected engine power;
c. The distribution of fly movements over the etch/th time;
d. The distribution of fly movements over flight procedures.
The authorisation of co-use shall not be granted to a legal person pursuing objectives or having a relationship with organisations or associations pursuing objectives which are not compatible with the tasks of the Ministry of Defence.
1 The transfer of a permit for civilian use shall be subject to the permission of Our Minister.
2 Our Minister will decide within four weeks of the consent.
3 The decision may be postponed once for a maximum of four weeks.
The articles of this Decision shall enter into force on a date to be determined by the Royal Decree, which may be determined differently for the various articles or parts of such articles.
This decision is cited as: Decision military airports.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 6 February 2009
Beatrix
The Secretary of State for Defence,
J. G. de Vries
Published the nineteenth February 2009The Minister of Justice,
E. M. H. Hirsch Ballin
