US retaliates against Netherlands’ unfair flight restrictions.
The U.S. Department of Transportation Approves Complaints Against Netherlands’ Flight Cap Measures
The U.S. Department of Transportation (DOT) has given its approval to complaints filed against the Netherlands’ proposed flight cap measures. These measures would significantly reduce the number of flight slots available to U.S.-based airline companies at the Amsterdam Airport Schiphol (AMS).
On November 3, the DOT approved complaints from industry group Airlines for America (A4A) and JetBlue airlines. Both parties argued that the Netherlands’ plan to cut down flights to AMS would harm American carriers and violate several agreements. The Dutch government intends to implement noise reduction measures at AMS starting next year, which includes reducing flight slots available to international airlines.
A4A points out that these measures will have a negative impact on American carriers, resulting in the permanent loss of historic slot rights held by U.S. carriers at AMS. It would also prevent new U.S. carriers from entering the Amsterdam flight market.
The DOT stated that the capacity reduction measures being undertaken at AMS are unjustifiable and unreasonable, and they violate the U.S.–EU Air Transport Agreement. The Netherlands’ failure to follow the Balanced Approach, as required by the International Civil Aviation Organization, is the reason for this violation.
The Balanced Approach to Aircraft Noise Management mandates the evaluation of all available options to identify the most cost-effective measures to mitigate noise problems. The Netherlands’ plan does not align with this requirement.
JetBlue, in its complaint, highlighted that the U.S.–EU Air Transport Agreement mandates adherence to the Balanced Approach principle. The DOT order stated that noise-based operating restrictions should only be imposed as a last resort.
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The DOT urged the Dutch government to suspend the implementation of phase 1 of the noise reduction plan in August. It also warned that implementing phase 1 without following the Balanced Approach would violate the U.S.–EU Air Transport Agreement.
However, the Dutch government has not provided any convincing argument to support the theory that its plan is in compliance with the U.S.–EU Agreement, according to the DOT.
The Dutch government has yet to suspend or delay its efforts to implement the plan, despite these concerns.
In contrast, the Dutch government published a document on September 28, indicating a reduction in flight slot capacity at AMS for the summer 2024 traffic season. The DOT expressed concerns about the second phase of the plan, which would further decrease annual flight slots to Amsterdam.
The DOT finds that the implementation of the Netherlands’ Phase 1 noise reduction plan at AMS is unjustifiable and unreasonable. It constitutes a discriminatory and anticompetitive practice, restricting access to the U.S.–Amsterdam market for air carriers.
JetBlue’s Imminent Threat
JetBlue, despite joining the A4A complaint, filed a separate complaint due to the threat of being expelled from Amsterdam Airport Schiphol. The airline faces the possibility of losing access to AMS after the Winter 2023/2024 scheduling season.
JetBlue argues that if Phase 1 is implemented as planned, there will be no slots available for its service during the Summer 2024 season. The airline claims that noise reduction measures block future access to AMS for new U.S. carriers that are not part of an “immunized joint venture.”
JetBlue has requested the DOT to take countermeasures to ensure compliance with the U.S.–EU Air Transport Agreement. This includes reducing scheduled services of Dutch carriers to the United States.
DOT Countermeasures
In response to the Netherlands government’s stance, the DOT has asked three Dutch carriers—KLM, Martinair, and TUI Airlines Nederlands—to submit their service schedules to and from the United States.
The DOT has deferred a decision on further countermeasures for now. It plans to engage with the Netherlands government and the European Commission on November 13 to seek a resolution without the need for regulatory action.
However, if the talks fail to produce meaningful results, the DOT is prepared to consider appropriate further action.
KLM, in its response to the issue, stated that it derives no benefit from noise regulations at AMS and will be seriously affected if they become effective. The company has been actively campaigning against the proposed flight slot reductions.
KLM agrees with A4A and JetBlue’s conclusion that the Dutch government’s noise reduction measures are unlawful.
What international agreements and aviation standards are being violated by the Netherlands’ flight cap measures?
2 plan without proper justifications and evaluation is inconsistent with the Airports Council International (ACI) World Slot Guidelines. These guidelines emphasize the need for transparent, non-discriminatory, and fair allocation of airport slots.
The DOT has emphasized that it stands ready to engage in discussions with the Dutch government to find a mutually acceptable solution that adheres to the U.S.–EU Air Transport Agreement and international aviation standards. It also expressed its willingness to work with international partners, including the International Civil Aviation Organization and the European Union, to address this issue.
As the DOT approves the complaints against the Netherlands’ flight cap measures and raises concerns about the violation of international agreements, it is clear that it is committed to protecting the interests of U.S. carriers and ensuring fair and equitable practices in international aviation. The outcome of further negotiations between the U.S. and the Netherlands will determine the future of flight slots at Amsterdam Airport Schiphol and the level playing field for U.S.-based airlines.
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The aviation industry continues to face various challenges and issues, both from operational and regulatory perspectives. As stakeholders strive to find common ground and resolve conflicts, it is essential to prioritize the safety and well-being of passengers, while also ensuring fair and equitable practices for all airlines involved.
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