Decision of 24 November 1997 laying down rules for the allocation of slots at Community aerodromes (Decision Final Location)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Transport and Water of 18 September 1997, no. DGRLD/JBZ/L. Directorate General of the Rijksluchtdienst (Directorate General for the Department of the Rhine);
Having regard to Regulation No 95/93 of the Council of the European Communities of 18 January 1993 on common rules for the allocation of slots at Community airports ( PbEG L 14) and Article 76, first paragraph C from the Aviation Act ;
The Council of State heard (opinion of 14 November 1997, No WO9.97.0621);
Having regard to the further report of our Minister for Transport and Water State of 21 November 1997, No DGRLD/JBZ/L97.500865, DirectorateGeneral RijksluchtFuneral;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. Regulation: Regulation No 95/93 of the Council of the European Communities of 18 January 1993 on common rules for the allocation of slots at Community airports ( PbEG L14);
1 °. the operator of a civilian airport;
2 °. the civil operator;
c. Our Minister: Our Minister of Transport and Water.
This Decision is based on Article 8a.52 of the Aviation Act .
1 Our Minister may designate an airport as:
a. An airport with intermediation of timetables;
b. A coordinated airport.
2 If Our Minister designates a military airport with civilian use through a civilian operator as regards use as an airport with mediation on timetables or a coordinated airport, he shall do so that in accordance with our Minister of Defence.
1 If Our Minister of his/her authority, intended to Article 2 , please use either an airport coordinator or a conciliator on the timetables for one or more airports.
2 The airport coordinator designated under the first paragraph or arbitrator shall exercise its functions in accordance with Article 4 of the Regulation.
3 The operator shall establish: Article 6, first paragraph, second subparagraph -the regulation coordination parameters which form the basis of the plan of use adopted by Our Minister, which provides for adequate margins on a proposal from the operator.
4 A designation as referred to in the first paragraph may be subject to rules or restrictions.
5 The third paragraph shall not apply to Schiphol airport.
1 Our Minister proposes a coordination committee for the benefit of one or more Article 2, first paragraph, part b Designated airports.
2 Where a situation as referred to in Article 10 (9) of the Regulation is concerned, our Minister shall convene a meeting of the coordinating committee concerned.
3 The coordination committee may, if necessary, set up one or more subcommittees.
1 The operator of an under Article 2, first paragraph, part a , designated airport or an airport not designated on the basis of Article 2 , carries out a thorough capacity analysis for the purpose of civil aviation:
a. at the request of Our Minister, or
b. as a result of a request made to him by our Minister, as referred to in Article 3 (1) (I) or (II) of the Regulation.
In a case referred to in point (b), the capacity analysis shall be carried out within 6 months of the submission of the request.
2 The operator of an under Article 2, first paragraph, part b , designated civilian airport or from the civic part of an under Article 2, first paragraph, part b , designated military airport is held coordination parameters as intended Article 3, third paragraph -to establish two times a year for the purpose of civil aviation.
3 With respect to Schiphol airport, the obligation referred to in paragraph 2 shall rest on the Article 8.18 of the Aviation Act those concerned.
a. if the designated natural or legal person so requests;
(b) for failure to comply with rules or restrictions attached to the designation;
c. where incorrect or incomplete feevens are provided when the indication is given;
d. of the Commission's own motion, on grounds of the Regulation.
Air carriers are prohibited from repeatedly and intentionally carrying out air services at times that materially differ from the assigned lock or slot in a materially different manner than was indicated at the time of the allocation of the slot, causing an injury to the airport operation or air traffic.
This Decision is cited as: Final location decision.
Burden and order that this Decision, together with its explanatory note in the State Sheet will be placed.
Hague, 24 November 1997
The Minister of Transport and Water,
A. Jorritsma-LebbinkPublished the sixteenth December 1997
The Minister of Justice,