Key Benefits:
Decision of 20 January 2010 laying down rules for fees of air navigation services in implementation of Regulation (EC) No 1013/2 of the EC Treaty Commission Regulation (EC) No 1794/2006 establishing a common charging scheme for air navigation services (PbEU L 341) (Decision Fees Air Navigation Services 2010)
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 State of 2 December 2009, no. CEND/HDJZ-2009/1433 LUV, Chief Executive of Legal Affairs;
Having regard to the provisions of the Regulation and the Regulation Articles 5.20, sixth and eighth paragraphs , and 5.21, 1st and 2nd Member, Air Law ;
The Council of State heard (opinion of 16 December 2009, No W09.0516/IV);
Having regard to the further report of Our Minister of Transport and Water State of 14 January 2010, No CEND/HDJZ-2009/1629 (LUV), Main Legal Affairs Directorate;
Have found good and understand:
For the purpose of this Decision:
NSA Amsterdam: area as defined in the aeronautical guide, Volume I, Chapter ENR 6-2-5 issued by LVNL.
In the Amsterdam flight information area, the following charging zones shall apply:
a. A en route charging zone for air navigation services which includes the whole of the Amsterdam flight information area;
b. A terminal charging zone consisting of the following group of airports: Amsterdam Airport Schiphol Airport, Rotterdam Airport, Groningen Airport Eelde and Maastricht Aachen Airport.
LVNL shall ensure the publication of the unit rate established by the Eurocheck organisation for the en route charging zone. The unit rate shall be published in the Official Gazette.
The fee for air navigation services for en route traffic shall be met by the relevant user of air navigation services in euro by the relevant user of air navigation services within 30 days of the date set out by the Eurocontrol organisation on the invoice.
The obligation to pay compensation for air navigation services for en route traffic, in addition to the flights referred to in Article 9 (1) of the Reimbursement Regulation, shall be exempt from flights referred to in Article 9 (2) of the Regulation. paragraph, of this Regulation, on the understanding that:
a. A search and rescue operation is carried out by military aircraft or helicopter helicopters;
b. 'humanitarian flights' means flights operated exclusively for humanitarian purposes intended to provide aid personnel and ancillary goods such as food, clothing, shelter, medical and other goods during or after a period of operation; to carry out emergency or disaster or to evacuate persons from a place where their life or health is threatened by that emergency or disaster to a place of refuge in the same state or another state willing to set up such persons catch, where the nature of the flight is stated in the flight plan of the relevant flight.
LVNL shall ensure the publication of the unit rate of the local air navigation service charging zone. The unit rate shall be published in the Official Journal and in the aeronautical publications.
The fee for local air navigation services shall be met by the relevant user of air navigation services in euro.
1 The obligation to pay the fee for local air navigation services shall be exempt:
a. flights carried out solely by official missions of ruling monarchs and their immediate family, heads of state, government leaders and government ministers, stating the status statement in the flight plan of the Relevant flight;
b. search and rescue operations carried out by military aircraft or helicopter helicopters;
c. Training flights performed exclusively for the purpose of obtaining a licence or certificate for flight crew, as far as the part of the flight involving intermediate and immediate starts is concerned, with the exception of the first and then every fourth subsequent intermediate landing and immediate start;
d. humanitarian flights, as intended Article 5 (b) .
2 The first paragraph, part c, does not apply to Amsterdam Airport Schiphol Airport.
1 The fee regulation does not apply to the NSA Amsterdam.
2 Our Minister of Transport and Water State shall determine annually in consultation with relevant air navigation service providers the charge for air navigation services provided at airports specified in Article 5.21, first paragraph, of the Air Transport Act .
3 Of the amount of the fee, LVNL will be informed in the State Official Journal and in the aeronautical publications.
4 Without prejudice to the second paragraph, the fee for air navigation services for civilian helicopter flights in the NSA Amsterdam shall be the quotient of the estimated operating costs of relevant air navigation service providers, as far as they are concerned, the NSA Amsterdam, and the number of civilian helicopter flights estimated for that year by those service providers.
The Air navigation services fees decision shall be withdrawn.
This Decision shall enter into force from the day following the date of issuance of the Official Journal in which it is placed.
This Decision is cited as: Decision Fees Air Navigation Services 2010.
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, 20 January 2010
Beatrix
The Minister of Transport and Water,
C. M. P. S. Eurlings
Published the twenty-ninth January 2010The Minister of Justice,
E. M. H. Hirsch Ballin
