Luxembourg, 24/06/2010 (Agence Europe) - On Thursday 24 June, in a backdrop to the “Transport Council”, the deputy secretary to the US Transport, Aviation and International Affairs Department, Susan Kurland, the European commissioner for transport, Siim Kallas, and ministers for transport from the EU 27 signed the protocol for amending the “Open Skies” agreement negotiated between the EU and Washington last March (EUROPE, 26 of March 2010).
Kallas declared: “Today, we are making a significant step forward in our mutually advantageous relationship with the US in the aviation domain. This really is good news for passengers, transporters, airports and airlines, which benefit from new trade opportunities and the strengthened regulatory framework”. Kurland affirmed that “this is a great step forward for addressing mutual environmental challenges in aviation such as noise management and emissions”. The agreement launches a process that facilitates market access and investment. Other provisions help to strengthen cooperation at environmental and legislative levels (see other article in this issue). The two parties will benefit from extended access to the seventh freedom in the air (the opportunity for airlines to operate flights to third countries, without the flights being operated in the place where the company is established) and other trade rights (such as extended access to the Fly America programme for European airlines) on the condition that they meet the required conditions. In the US, this will mean making legislation more flexible with regard to foreign investments and allowing participation and majority control of European nationals in US airlines. The EU is expected to strengthen the role of the European Commission in the follow-up of restrictions linked to noise in large airports (where air traffic movements - ATM - are more than 50,000 a year). That means the committee set up by the agreement will monitor the progress, whereas a follow-up clause is expected to guarantee that the concessions made by one of the parties will be followed by the other party (if the EU meets demands made in connection with the follow-up of restrictions related to noise but the US does not make any progress in the arena of investments, the EU will have the right to freeze US transport business and vice versa). The Commission has declared that it intends to introduce a proposal for revising its legislation on noise next year that cannot yet guarantee that this proposal will be successful. The German delegation has annexed a protocol to the text in which it reaffirms the subsidiarity principle in this connection. This declaration states that under civil aviation law, decisions relating to the introduction of restrictions in airports are the responsibility of the regions. Germany reaffirms its legal position, according to which the process for implementation and making decisions is among the elements of a balanced approach and is ultimately the responsibility of the different national authorities, which also applies with regard to the elaboration of solutions adapted to noise problems in national airports. (A.By./transl.fl)