MEPs at the European Parliament's transport committee have formulated very different observations regarding the report by Claudia Tapardel (S&D, Romania), on the revision of Regulation 1008/2008 for the hiring of aircraft with crews by European airlines.
This draft report resonates with the European Commission proposal of 21 December 2016. In it, the Commission suggested the European airlines could introduce exceptions to the limits (currently set at seven months and renewable on one occasion) for the leasing period of third company airlines providing crews if they are faced with exceptional circumstances (sudden increases in demand, breakdowns, etc.), when an aviation agreement exists with the third country providing the leasing. This proposal is aimed at adapting the regulation to the EU-US aviation agreement and proposes to introduce a derogation for all aviation agreements.
Without wishing to significantly question the possibility of leasing duration limits with aircraft and crews, Tapardel would, nonetheless, like this possibility to be provided when “the social and legal obligations" are equivalent to those applicable in the European Union. According to the rapporteur, this would mean ensuring that third countries respect certain social, economic and even environmental standards, particularly in view of protecting sector workers.
The rapporteur is only opposed to the technical aspect of the Commission proposal and would like a genuine impact study to be carried out.
The MEPs greeted this report in a very contrasted way, which sheds light on the different interpretations regarding the opening up of the aviation market. Michael Gahler (EPP, Germany) spoke against the text presented by the rapporteur and suggested that the revision of the text should exclusively focus on the EU-US aviation agreement. Jacqueline Foster (ECR, United Kingdom) claimed that it “created the risk" of leasing duration limits being imposed and said that it was presumptuous to consider that third countries offered social conditions that were below those of the EU.
Tapardel’s text, however, received a more favourable response from Lucy Anderson (S&D, Sweden), who considered that this was a “highly political question”, whilst Inés Ayala Sender (S&D, Spain), was concerned that the Commission proposal paves the way to the, “uberisation of aviation”.
Tapardel did, however, assert that she would demonstrate her willingness to “show openness" with the drafting of compromise amendments, in an effort to reach a balance between the opening up of the market and respect for EU values.
The Council of the European Union said that this was currently being discussed and that it did not appear to pose any particular problem.
It should be recalled that on 8 June last, the European Commission also published interpretive guidelines for Council regulation 1008/2008 on the rights of ownership and control of airlines from the European Union (see EUROPE 11804). (Original version in French by Lucas Tripoteau)