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THE HAGUE – The expenditures associated with compliance with international aviation safety regulation will only have a marginal effect on the price of airline tickets in the Caribbean. Minister Vincent Karremans (Infrastructure and Water Management) writes this in answer to questions from members of the Dutch parliament. The aviation legislation for the BES-islands will be amended to meet the safety requirements of the International Civil Aviation Organization (Icao).
Member of the PVV-faction noted in their questions that the government acknowledges that regulations have not been adjusted since the constitutional reform in 2010 and that the current regulations strongly lag behind international requirements. “Why did it have to take fourteen years before the execution of big maintenance on these regulations? And up to what point did this have a negative effect on aviation safety in the Caribbean?”
Karremans answered that there was a deal with the islands of Bonaire, Statia and Saba to be hesitant for a period of five years with the introduction of new legislation in Caribbean Netherands, but the reluctance to introduce new legislation continued after 2015.
In 2019 the Kingdom introduced the “comply or complain” principle, meaning that policy for the European part of the kingdom also applies to the BES-islands, unless differences can be justified.
The minister notes that the aviation safety in the Caribbean is based on rules that were in place before 2010. Since that time new and more specific safety rules have been developed. “But this does not mean that aviation before 2010 was not safe.”
The proposed changes to the law acknowledge certificates issued by Curacao and St. Maarten, but at the same time they note that the capacity for supervision is limited. “How can the government guarantee aviation safety above the BES-islands when the primary supervision is put in the hands of authorities with a limited capacity?” the PVV-faction asked. “Why not leave supervision to the Dutch Inspectorate for the Environment and Transport (ILT)?”
Minister Karremans points out that the countries within the Kingdom have authority over aviation. “It is not possible to charge the ILT with supervision and enforcement for aviation in Curacao and St. Maarten.”
To guarantee sufficient supervision the supervising institutions in Curacao, Aruba, the Netherlands and St. Maarten have signed an agreement to cooperate in the field of supervision and to establish guarantees. The signatories to this agreement establish a supervision program each year. There is a simpler agreement for the Princess Juliana International Airport because of the limited character of the services this airport provides.
To meet certification requirements the airports will each have to invest €104,000 ($119,600),while the annual structural costs are €10,500 ($12,075). The BBB-faction is concerned about these expenditures and asked whether the government can clarify how the relatively small aviation providers are able to absorb these costs without increasing ticket prices. The BBB also asks whether the economic vulnerability of the connections between Bonaire, Saba and Statia have been taken into account.
Karremans says that the effect on ticket prices will be marginal, considering the number of flights between the islands. Establishing a cost-covering tariff is “complex” according to the minister. “A one-on-one application of the international principle of cost-covering tariffs would result in a significant tariffs-increase with potentially negative effects for aviation in the Caribbean part of the Netherlands. The government therefore grants a partial exemption for these costs to prevent prohibitively expensive tickets.
The amendment to the law includes a grace period of two years for aviation service providers that do not yet have the required certificate. “If a provider does not meet all requirements, it is possible to impose limitations for a yet to be issued certificate or for the certification of a certificate.”
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