Urgent letter to informateur: ‘Aviation is above the law’

Recently, an urgent letter landed on the doorstep of the informateur. The letter has a very clear message. While virtually all sectors are reducing their emissions, aviation emissions continue to grow. A new cabinet must rectify this. “It seems that aviation is being placed above the law in almost every area,” says Bert van Mourik, aviation program manager at Natuur & Milieu (Nature & Environment): one of the parties that signed the letter.

A broad coalition of civil society organizations, residents' groups, doctors, scientists, and aviation professionals sent the message to informateur Rianne Letschert. They are calling for a change of course in which health, climate, and the living environment are finally given priority.

That is currently far from the case. The fact that aviation is above the law must be taken quite literally. It starts with noise pollution, says Van Mourik. "The sector grew explosively in the 1990s and 2000s, but the noise laws that were supposed to protect residents have been systematically violated since 2015. The government gave up: it was tolerated, while a new regulatory system is still lacking." The same applies to nitrogen, he continues. Farmers, citizens, and industries need a permit to emit, but aviation does not. “In 2023, Schiphol was granted a nature permit, but it was revoked, and now it has been granted another two-year postponement.” The situation is no different when it comes to climate. The sector only has its own non-binding targets. If these are not met, no problem. And taxes? No VAT on airline tickets, no excise duty on kerosene. “While every motorist pays their fair share. Aviation is therefore above the law in almost every area.”

And that has to change. Regarding the straw that broke the camel's back — which ultimately led to the sending of the urgent letter — Van Mourik says: “The camel's back broke a long time ago. However, a new government means a new opportunity to address the issues.”

Lelystad Airport must close, and more

The coalition is presenting concrete plans. For example, the organizations want a binding CO₂ cap, so that this sector is also obliged to reduce its emissions and agreements become enforceable. In addition, air travel tax must be made fairer: higher rates for business class, frequent flyers, and transfer passengers, which will also generate billions for the treasury. Night flights should be banned between 11 p.m. and 7 a.m., which is the most effective way to limit sleep disturbance and health risks. And: the Lelystad Airport project must be scrapped for good: it does not fit in with climate, nitrogen, and health targets, and is seen by the organizations as an outdated plan.

Future: cautiously positive

A clear plan. But is there hope for change? Van Mourik is cautiously optimistic. Both the CDA and D66 have included a CO2 cap for aviation in their election programs. “Both parties support a fairer and slightly more restrictive policy. The VVD, on the other hand, wants aviation to continue to grow and be less restricted. But two parties already seem to be clearly taking sides.”

“At the same time,” the aviation expert continues, “I know that other issues are currently more important from a political point of view — such as strategic autonomy, defense, and migration.” Aviation is therefore in danger of fading into the background again. “This makes it all the more important that we sent this letter to draw attention to aviation.”

Learning from other countries

It remains to be seen what will happen in the Netherlands. According to Van Mourik, we have plenty of examples around us of countries that are taking a more restrictive approach.

A concrete example is Frankfurt, where night flights are banned. Or look at the United Kingdom, where the flight tax on business class is higher than on economy class. This is not yet the case in the Netherlands. Some countries include aviation in their national climate targets, such as China. “Such examples show that things really can be done differently.”