Luxembourg, 17/10/2001 (Agence Europe) - On Tuesday, the Transport Council adopted conclusions on civil aviation, welcoming the measures proposed by the Commission to enhance air safety and support airline companies following the 11 September attacks. It also adopted conclusions on he problem of company insurance. Member States and the Commission fought at length, within a technical group preparing the conclusions of the fringe of the Council, over the need to prolong aid to companies or to conclude an "open sky" agreement with the United States. The conclusions that were finally adopted provide the following indications:
Compensation for airline companies: the Council "stresses that all aid must be submitted to the Commission's approval in compliance with European competition laws and guidelines, clearly and objectively taking account of the consequences of closure of certain parts of the air space over the four days that followed 11 September". Despite resistance on the part of Commissioner Loyola de Palacio who wanted compensations paid by States to companies to be limited to the four days when the American air space was closed, ministers added in their conclusions that "beyond this period and in relation with the closure of the air space, the Commission will examine on a case by case basis compensations that may be granted on the basis of objective criteria due to the restrictions imposed on European companies by the countries of destination". France, Italy and Ireland especially insisted on this openness which would allow for compensations for the suspension of flights beyond 14 September to be continued.
Insurance: the Council calls for a rapid return to market rules relating to insurance. Meanwhile, and in compliance with the conclusions of the EcoFin Council of Liege, Member States may set up a public cover system "for a one month period, subjected to a review of the situation on 31 December in all cases". The Council stipulates that "this aid must cover the beneficiaries of insurance (airline companies, airports and service providers) below the level available on the market prior to 11 September". The Commission published a declaration stipulating that its would "not be tied (on this point) by conclusions on insurance, especially for service providers and airports. It will examine notifications on a case by case basis".
Safety: ministers reached a political agreement on the regulation that will transpose into Community legislation the recommendations of the European Civil Aviation Conference (ECAC) regarding the control of passengers and luggage. They hope that the Council and Parliament will be able to adopt the regulation before the end of the year. The United Kingdom agreed that the regulation should include a clause, requested by Spain, excluding Gibraltar Airport from the regulation's field of application. In December, the Commission will present a working programme on additional measures, "such a cockpit security, training, air-ground communications, use of video cameras". On one point that was the subject of lengthy debates, the Council "notes that certain Member States consider that additional safety measures may in the short-term be covered by public authorities, but it is essential that users and the air transport sector should in the medium-term contribute to covering these costs".
The Council took note of the state of progress in the work on: 1) the regulation taking on board the international "JAR OPS" rules on the obligation of operators regarding air safety (in deadlock over the Gibraltar issue); 2) a directive on the training of crew in matters of safety, notably staff included in "cabin crew"; 3) a directive on information exchange on accidents and other incidents (blocked by the Gibraltar issue).
Relations with the United States: the Council simply welcomed "the Commission's suggestion of concluding a code of conduct with the United States so as to prevent unfair competition". Recalling that a code of conduct is not binding, the Commission published a declaration asking the Council to "overcome, at the latest at its 7 December session, the last problems linked to the definition of the negotiating mandate for a "Transatlantic Common Aviation Area" which could offer American and European airline companies a common organisation framework for the rules of competition". Commissioner de Palacio referred to the "schizophrenia" of ministers, who, on the one hand, want aid paid by the United States to its companies to be compensated for and yet, on the other, refuse to conclude a global agreement.