VZCZCXYZ0000
OO RUEHWEB

DE RUEHBS #0088 0111506
ZNR UUUUU ZZH
O 111506Z JAN 07
FM AMEMBASSY BRUSSELS
TO RUEH/SECSTATE WASHDC IMMEDIATE 4022
INFO RULSDMK/DEPT OF TRANSPORTATION WASHDC
RUCPDOC/DEPT OF COMMERCE WASHDC
RHMFIUU/FAA NATIONAL HQ WASHINGTON DC

UNCLAS BRUSSELS 000088 
 
SIPDIS 
 
SIPDIS 
 
FAA FOR MCAPPELLE, AIA-300 
SDOC FOR 3133/USFCS/OIO/EUR 
STATE FOR EB/TRA, EUR/ERA, AND EUR/UBI 
 
E.O. 12958: N/A 
TAGS: EAIR EINV BE
SUBJECT: BRUSSELS AIRPORT NOISE: COURT DECISION UPHOLDS 
FINES, NEGOTIATIONS STILL THE PREFERRED SOLUTION 
 
REF: A. 05 BRUSSELS 2735 
 
     ¶B. 06 BRUSSELS 1035 
 
¶1. (SBU) Summary.  A decision by Belgium's Constitutional 
Court on December 21 upheld the Brussels Region's noise 
standards (and right to fine violators) against a challenge 
by the Federal Minister of Transportation.  This appears to 
reverse an Appeals Court ruling of last March, which declared 
the capital region's demanding noise abatement criteria 
unconstitutional.  The new decision supports an earlier 
Appeals Court order of June 2005 that the Federal government 
must revise the standing aviation use plan of Zaventem 
Airport or face fines of 25,000 euros per infraction. 
Despite the dueling rulings, all parties have agreed that no 
fines will be imposed while negotiations are underway between 
Flanders and Brussels regions and federal authorities.  Given 
the May federal elections and pace of negotiations, 2008 is 
the soonest many expect to see a solution suggested for the 
noise dispute.  End Summary. 
 
¶2. (U) On December 21, 2006, Belgium's Constitutional Court 
(highest court in Belgium; functions as a Supreme Court) 
rejected an appeal by the Federal Minister of Transportation, 
joined by the Brussels Airport Authority and Belgocontrol, 
that the Appeals Court ruling of June 2005 be overturned. 
That 2005 decision (Ref A) ordered the Federal government to 
alter the Brussels Airport use plan to comply with Brussels 
Region noise standards, even though the airport itself is 
located in the Flemish Region.  These stringent noise 
abatement standards and fines attempt to deter flights over 
the city, which lies only 7 kilometers from the airport.  The 
new Court decision calls for Belgian federal authorities to 
comply with the lower Appeals Court order to comply or pay 
25,000 euros fine per incident of violation. 
 
¶3. (SBU) On March 21, 2006, a different Appeals Court had 
declared the high regional standards unconstitutional (Ref 
B), because the standards compelled Federal authorities to 
distribute the noise pollution burden unevenly if Federal 
authorities complied, as flights would have to be diverted 
over Flanders and Wallonia to avoid Brussels.  This would 
have breached the principle of equity and "equal protection" 
under the law due the inhabitants of all three regions.  By 
upholding the  Constitutional lawfulness of the Brussels 
noise standards and fines, the high court has presumably 
reversed the Appeals Court decision. 
 
¶4. (SBU) Federal Transportation Minister Renaat Landuyt 
acknowledged the new decision verified regional authority to 
set noise standards, but declared that the ruling changed 
nothing.  Flanders-Brussels interregional negotiations on the 
issue, mediated by the Federal government, have been underway 
since 2005, during which the parties agreed not to attempt to 
collect fines.  (Note:  Since the deadline for Federal 
compliance with the Court Order passed in September 2005, 
reportedly over 820 violations of Brussels noise standards by 
air carriers have been recorded; imposed fines would have 
exceeded 20 million euros.) 
 
¶5. (SBU) Comment:  The new Court decision does not resolve 
the jurisdictional dispute.  All sides endorse the 
negotiating process underway to reach an agreed mechanism to 
best distribute the noise burden of the urban airport. 
Interrelated jurisdictional competencies -- Federal 
government for aviation safety, Regional governments for 
environmental (read noise) issues, Belgocontrol for aviation 
navigation -- remain the heart of the issue, complicated by 
linguistic group frictions.  The coming Federal elections in 
May/June 2007, to be followed by high-level negotiations 
about further devolution of responsibilities from the federal 
to regional level, will certainly complicate the situation. 
Consensus among analysts is that there will be little 
progress on resolving the airport noise issue at least until 
¶2008.  In the meanwhile the carriers will not be fined. 
 
IMBRIE 
.