1st Quarter 2009 Volume 01 - No. 3
Drs. Holiday: New Country St. Maarten Should Adopt Existing Aviation Legislation
Drs. HolidayAs St. Maarten continues to make strides toward a new status within the Kingdom of the Netherlands, Government should, except where the new situation dictates otherwise, adopt the existing aviation legislation of the Netherlands Antilles in full. Speaking at the two-day conference on Air Traffic Relations on January 26, PJIAE President drs. Eugene Holiday explained that adopting the existing legislation would ensure continuity and a sense of confidence among the operators within the system. “From an economic development perspective it is important that the government - in view of the uncertainty that (constitutional) change engenders – do everything to maintain stability. This step will be instrumental in that regard,” he said.

He also advised that government set up an independent Civil Aviation Authority charged with the responsibility to develop aviation policy and to oversee its implementation and maintain compliance by operators. “Looking at mentioned developments it is evident that Aviation is absolutely vital to the economic survival of St. Maarten. The aim of St. Maarten’s aviation policy therefore should be to meet the legitimate demand for air travel in a manner that is sustainable. This means that air transport policy should seek to match the capacity and quality of the airport and ATC infrastructure with the need of passengers to be transported safely, efficiently and comfortably by airlines,” said drs. Holiday.
He said that taking into account the Kingdom, international and regional dimensions of St. Maarten’s air transport relations and its limited human resources it is recommended that the government of St. Maarten with the establishment of its own air transport policy employs support agreements with other governments and international institutions as a key tool in the execution of the oversight tasks.

Meant to highlight the ramifications for air traffic relations for Cura?o and St. Maarten as countries within the Kingdom of the Netherlands and countries outside the Dutch a Kingdom, the two-day conference was organized by the Minister of Traffic & Communications for the Netherlands Antilles Maurice Adriaens in conjunction with the Minister of Traffic & Communications of the Netherlands Camiel Eurlings. It was themed “The Consequences of Political Changes for Air Traffic Relations.”

drs. Holiday first set out to describe the structure of the air transport system and he outlined the legal framework and operators. “St. Maarten’s air transport system and that of the other four island territories of the Netherlands Antilles are governed by the Federal Aviation Ordinance of 2001. And the Netherlands Antilles through the Kingdom of the Netherlands are party to the Chicago Convention of 1944 , as well as to a number of bilateral air services agreements with foreign governments. These arrangements together provide the legal basis for the regulatory framework of the Netherlands Antillean and thus St. Maarten’s air transport policy,” he explained.

He also highlighted the role of the Directorate of Civil Aviation (DCANA) and explained that though the minister of Traffic and Transportation is responsible for the air transport policy on St. Maarten, the island territory of St. Maarten is responsible for the operation of airports and for air traffic control on St. Maarten.

Subsequently, drs. Holiday then gave a detailed outline of airport and airline operations in St. Maarten, spending ample time on the airport’s history and the execution of Phase II of the Airport Masterplan. “Prompted by the continued and expected tourism growth and the need to meet the ever changing international and national safety standards the entire aviation infrastructure on St. Maarten has been transformed,” he said. “The aviation industry – with PJIA at its center – function as the heart beat of St. Maarten’s tourism based economy and as a lifeline for surrounding islands. Any increase or decrease in traffic movements at PJIA is an indicator of the health of the economy of St. Maarten as witnessed by the strong correlation between traffic and GDP on the islands. By any measure aviation is a major economic force and a source of economic wealth for St. Maarten and its people.”

The PJIAE President said that St. Maarten’s aviation policy should meet the legitimate demand for air travel in a manner that is sustainable and that air transport policy should match the capacity and quality of the airport and ATC infrastructure with the need of passengers to be transported safely, efficiently and comfortably by airlines. How? “To answer that question we must first examine the environment in which country St. Maarten will conduct its air transport policy. An environment with differing dimensions on a local, Kingdom, regional and international level,” he said, launching with detail into the core of his presentation.

He said that it would seem logical that St. Maarten will choose to establish its own regulatory and policy framework equipped to address the needs of the island’s aviation industry and economy. “The government of St. Maarten should assume the responsibility for the regulation of the islands air transport system. And the choice to be part of the Kingdom requires that St. Maarten pursue an air transport policy consistent with the international commitments of the Kingdom. And, given the globalization of aviation business and its regulation there are few instruments which individual governments – and thus St. Maarten – have at their disposal to influence the shape of the industry. This constraint speaks to the need for St. Maarten to cooperate with countries with common interest towards the achievement of joint objectives,” he said, leading up to his proposal that the government of Country St. Maarten takes three steps to develop its air transport policy: adopt the existing aviation legislation of the Netherlands Antilles; set up an independent Civil Aviation Authority; and identify the instruments to achieve its air transportation and economic goals.
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Previous issues:

> Horizons Digital 1
June - Oct 2008

> Horizons Digital 2
Dec 2008 - Jan 2009