Policy Rule Enforcement of the Misuse of Slots at Coordinated Dutch Airports
Courtesy translation of the: Policy Rule of the Minister of Infrastructure and Water Management on the enforcement of Article 7 of the Slot Allocation Decree (Policy Rule Enforcement of the Misuse of Slots at Coordinated Dutch Airports).
Remark: no rights can be derived from this translation, the only legally valid document is the original document as officially published in the Dutch language : Beleidsregel handhaving misbruik van slots op gecoördineerde luchthavens
STAATSCOURANT - Official publication of the Kingdom of the Netherlands since 1814 - Government Gazette 2021 no. 45332 - Published on 2 November 2021
The Minister of Infrastructure and Water Management,
With regard to Section 7 of the Slot Allocation Decree and Section 4:81(1) of the General Administrative Law Act.
1. In this policy rule, the following terms shall have the following meanings:
a. ILT: Human Environment and Transport Inspectorate;
b. Regulation 95/93: Council Regulation (EEC) No. 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (OJEC 1993, L14);
c slot: permission given by a coordinator in accordance with Regulation 95/93 to operate on a specific date and time the entire airport infrastructure at a coordinated airport to land or take off, as assigned by a coordinator in accordance with this regulation;
d. WASG: Worldwide Airport Slot Guidelines, being the worldwide supplementary rules and guidelines additional rules and guidelines established worldwide by the aviation industry;
e. movement: arriving or departing flight;
f. night movement: movement at Schiphol airport in the period as referred to in article 4.2.3a of the Schiphol Airport Traffic Ruling, whereby the time applies that the aircraft detaches from or lands with its wheels on the runway;
g. night slot: a slot for departure in the period between 22:40 and 06:55 hours at which the aircraft goes off-blocks, or a slot for arrivals in the period between 23:00 and 07:15 hours, where the aircraft goes on-blocks;
h. block time means automatic recording of the parking brake or recording of the time at the stand, or the manual recording of the removal or installation of the blocks for the wheels, applying the most favorable time for the airline;
i. runway time: the moment of landing or take-off at which the wheels of the aircraft make or lose contact with the ground;
j. air service: the execution of a flight;
k. slot deviation: an individual deviation from the slot regime which can lead to a violation;
l. IATA season: season as described in the WASG;.
2. The definition of terms in article 2 of Regulation 95/93 and article 1 of the Decree on slot allocation shall apply mutatis mutandis.
In article 7, paragraph 1, of the Decree on Slot Allocation the following terms have the following meaning:
a. 'repeatedly' means more than once within one IATA season;
b. 'times that differ substantially':
1°. a departure or arrival time which differs in terms of block time by more than 60 minutes from the allocated slot; or
2°. a night movement without an assigned night slot, taking into account a margin of 2 minutes deviation from the runway time;
c. "Substantially different way": the use of a slot with a different aircraft type, number of seats, origin or destination, STC code or any other substantial deviation than that indicated by the air carrier at the time when the slot in question was allocated.
When calculating an administrative penalty pursuant to Section 11.16, paragraph 1, section e, under 5°, Aviation Act, the penalty catalogue included in Annex 1 shall be applied.
1. The imposition of an administrative fine in accordance with article 3 shall in any case be waived in the following situations, provided that the act of the air carrier was unforeseen, unavoidable and not attributable to the air carrier:
a. unexpected, unavoidable technical failure of the aircraft, which causes the slot violation;
b. technical failures, damage or compulsory checks resulting from external causes which causes the slot violation;
c. strikes or industrial action causing the slot violation;
d. any air traffic control measures causing the slot violation;
e. medical emergencies causing the slot violation;
f. weather conditions causing the slot violation;
g. tailwinds and headwinds for which the schedule could not be adjusted and for which the
violation could not be prevented by adjusting flight speeds;
h. political situations causing the slot violation;
i. wars or conflicts causing the slot violation;
j. security reasons causing the slot violation;
k. unloading of unaccompanied hold baggage in accordance with Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (OJEU 2008, L 97), unless that baggage has been separated due to factors beyond the control of the passenger or has been subjected to security controls;
l. delays caused by the late boarding of passengers with reduced mobility by the airport authority in accordance with Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility travelling by air (OJEU 2006, L 204); or
m. other reasons that satisfy the conditions in paragraph 1.
2. The air carrier that has operated the flight shall provide the ILT with written, substantiated evidence if it invokes a justification.
3. If one of the situations referred to in the first paragraph has occurred on an earlier flight, as part of a rotation, the justification may apply to a later flight of the rotation.
4. If several slot deviations are found with an air carrier within one IATA season, the ILT may require the air carrier that performed the flight to implement an improvement plan to prevent further slot deviations within that IATA season.
5. In the event of failure to implement an improvement plan as referred to in paragraph 4, no appeal can be made to a justification.
This policy rule shall take effect from the day after the date of publication of the Government Gazette in which it is published.
This policy rule shall not apply to the enforcement of violations of Section 7 of the Decree on Slot Allocation that have been committed prior to the entry into force of this policy rule.
This policy rule shall be cited as: Beleidsregel handhaving misbruik van slots op gecoördineerde luchthavens.
This policy rule and the explanatory memorandum shall be published in the Netherlands Government Gazette.
The Minister of Infrastructure and Water Management,
On behalf of the Minister:
INSPECTOR GENERAL OF THE ENVIRONMENT AND TRANSPORT
J. van den Bos