Government sticks to 478,000 Schiphol flight cap despite legal setback

The maximum number of flights to and from Schiphol Airport remains unchanged for the time being, following the Council of State’s decision to scrap the existing regulations. A spokesperson for the Human Environment and Transport Inspectorate (ILT) confirmed that the aviation authority is reverting to the 'tolerance arrangement' that was previously in effect.

This policy of tolerance essentially means that the ILT aviation authority is sidelined from enforcing noise regulations at Schiphol, as long as the airport adheres to a cap of 478,000 annual flights. However, it is still uncertain if any repercussions would follow should Schiphol push beyond that flight ceiling.

Two weeks ago, the Council of State annulled the so-called Airport Traffic Decree (Luchthavenverkeersbesluit) for Schiphol, in which the government had capped the maximum number of flights at 478,000 per year. Since the ruling, no official flight limit has been in effect, according to the inspectorate.

In a letter last week, Minister Vincent Karremans said he is still determining the full impact of the Council of State’s ruling. At the same time, he is pressing ahead with a wider overhaul of Schiphol’s regulations, which, among other measures, retains the 478,000-flight cap. The revised rules are expected to come into force in November.

Environmental group Natuur & Milieu argues that flight numbers should be cut well below the 478,000 target set by the cabinet. In the wake of the Council of State’s ruling, the 2008 regulatory framework has been reinstated, which would allow for roughly 400,000 flights or fewer, according to aviation program lead Bert van Mourik. He notes that one scenario even puts the figure at 294,000, a number also cited in the Cabinet’s rationale for the new regulations.

Van Mourik argues that the new rules set to take effect in November are no more viable than those recently annulled by the Council of State. Karremans, however, said earlier in remarks to ANP that the 478,000-flight limit is backed by several studies, adding that there is “in principle no reason to question it.”