Luxembourg, 29/06/2001 (Agence Europe) - After devoting a large part of the debates to maritime safety (see yesterday's EUROPE, p.5), the Transport Council adopted several texts of conclusions and common positions, and took stock of issues still pending. Thus:
Formalities for entering and leaving ports: The Council adopted a common guideline on the directive that will simplify administrative formalities that vessels should carry out when entering and leaving ports.
Safety of bulk carriers: The Council adopted without discussion its common position on the directive aimed at strengthening security of loading and unloading operations of vessels transporting "bulk" freight. The directive transposes into European law the IMO recommendations on this subject.
Galileo: The Council adopted conclusions defining the services covered by the future European satellite positioning system. The list, that is to be finalised "by end 2003 at the latest in order to pass on to the deployment phase of the project in 2008", includes: 1) Navigation services: open service, safety-of-life service, commercial service, public regulated service, GNSS-1 augmentation service; 2) Navigation related services: search and rescue service, navigation related communications service. The conclusions state that "the result of the initial tendering process will have to clarify the costs, feasibility and comprehensive market aspects of demand for all services, specifying the potential revenue flows and how these will be achieved". France was successful in not having "demand" reduced to "private demand" as the initial text stipulated. The aim is to ensure access to Galileo for public services defined by the State, stated one French diplomat. The Council "notes" the Commission's recently presented proposal for the formation of a common enterprise (see EUROPE of 21 June, p.9).
Montreal Convention: The Council reached a common position on the regulation that will translate into Community law the Montreal Convention on passenger compensation in the event of accident or loss of luggage, to replace the Warsaw Convention of 1929. At France's request, as it expressed fear about third party liability in the event of accident, a "whereas" specifies that the present regulation and the Montreal Convention reinforce the protection of passengers and their right holders and cannot be interpreted as weakening the protection that they are guaranteed by the legislation in force.
Passengers' rights: The Council adopted conclusions welcoming the voluntary agreement on passengers' rights, presented in May by the European airline companies and airports (see EUROPE of 19 May, p.16). It notes, however, that several questions remain unanswered: 1) the financing of services to persons with reduced mobility, without transferring the cost of such services onto the passengers with reduced mobility. The Council President underlines to the press that the rights of these persons must be the same as for all other passengers; 2) the setting in place of a structure for controlling these voluntary commitments; 3) the adoption of complementary legislative texts, where voluntary commitments do not suffice. Commissioner Loyola de Palacio confirmed that she would soon present texts on overbooking and excessive delays which should increase the amount of indemnities paid fourfold.
Air Safety Agency: The Council reached lines of compromise on two questions relating to the creation of a future European Air Safety Agency (EASA), that will be responsible for centralising authorisations for the marketing of aeronautical equipment. According to the summary by the Presidency, this compromise would mean that: 1) one year after the creation of the Agency, the Commission would make proposals on the integration of aircraft from third countries in the scope of EASA intervention; 2) the EASA director general will be designated by members of the administrative board by qualified majority, on a Commission proposal. The Council, on the other hand, did not tackle the question of where the EASA would be located. It should be operational in 2004 with a budget of EUR 29 million, employing 200.
European single sky: Ms de Palacio presented her project on the organisation of air control and routes, "single sky", whose adoption was postponed by the Commission because of the divergence between the United Kingdom and Spain concerning the application of Community law at the airport of Gibraltar (see EUROPE of 8 March). "The United Kingdom and Spain assured us that they are holding intensive contacts, in the prospect of an agreement. The Commission recalled that this is an emergency", she declared.
ICAO/Hushkit negotiation: "I took stock of the negotiations at the ICAO and with the United States on standards of aircraft noise, with a view to the ICAO general assembly in September and an eventual agreement with the United States on the question of hushkits", said Ms de Palacio. "I think that we shall be able to conclude in July in order to formalise the agreement in September", she added.
She recalled that the solution to the dispute over hushkits is intimately linked to the future ICAO agreement on aircraft noise. The draft agreement covers: 1) the creation of a new "chapter IV" norm, reducing the noise of aircraft by 10db; 2) reclassification of aircraft meeting lower standards; 3) the taking into account of less restrictive measures, airport by airport, as the United States would like, or at regional level as the EU would like.
Liberalisation of public transport: The Council noted that the dossier is blocked.
White Paper on Transport: Ms de Palacio confirmed her hope that the Commission would be able to adopt this White Paper on 11 July and present it to the informal Transport/Environment Council on 16 September.
Training of hauliers: The Council President noted that the positions of Member States on this issue are very distant. Germany expressed doubt about the Commission's competence in this field.
China: "I informed the Council of the results of my last trip to China", said Ms de Palacio. Discussions on the maritime draft agreement launched in 1998 are beginning to become "more concrete", she assured, stressing that the EU has presented a document to China that could serve as a basis for negotiations. She hoped further progress would be made at the EU/China Summit to be held in September or October, and pointed out that China has confirmed its hope to take part in all aspects of the Galileo project, like Russia also.