US DoT Responds to Amsterdam Slot Constraints: Airlines Ordered for Reconsideration

In a swift response to the Dutch government’s decision to implement slot constraints at Amsterdam Schiphol, the US Department of Transportation (DOT) has retaliated by ordering Dutch carriers, including KLM Royal Dutch Airlines, Martinair, and TUI fly, to submit their schedules for all services to/from the United States within seven days for reconsideration.

This retaliatory move, issued on November 2, comes in the wake of what the DOT labels as the Dutch government’s “unlawful experimental regulation.” The Airport Coordination Netherlands (ACNL) had reduced or denied slot holdings at Schiphol for the IATA Summer 2024 season. This resulted in a significant loss of historic slots at Schiphol for Airlines for America (A4A) member carriers, including JetBlue Airways, which was denied slots entirely for the 2024 summer season.

The DOT’s order follows a joint complaint by A4A members and JetBlue against the Dutch government’s controversial plan to cap capacity for noise and emissions reduction at the European hub. The so-called experimental scheme awaits approval from the Dutch Cabinet and the European Commission, currently evaluating its compliance with EU regulations.

The DOT contends that the Netherlands’ failure to follow the balanced approach constitutes “unjustifiable and unreasonable activities” under the International Air Transportation Fair Competitive Practices Act (IATFCPA) and violates the US-EU Air Transport Agreement. The DOT, Dutch government, and the European Commission are set to consult on the matter on November 13, with Washington warning of further appropriate action if meaningful progress is not achieved.

Delta Air Lines has initiated legal proceedings against ACNL’s decision, citing conflicts with national, European, and international regulations. KLM, deeply impacted by the slot reduction, is actively campaigning against the Dutch scheme, leading to potential sanctions from the Netherlands’ open skies partners. The airline is focusing on legal proceedings to contest the procedure’s compliance with laws and regulations, while concurrently participating in the EU’s balanced approach procedure to showcase alternative noise reduction measures. The situation remains fluid, with stakeholders navigating a complex landscape of regulatory challenges and industry-wide implications.**