Brussels, 25/02/2003 (Agence Europe) - The European Commission is to adopt on Wednesday several measures in the field of air transport, which will establish a better allocation of competencies related to aviation between Member States and the Commission, and to introduce a "community transporter" clause into aviation agreements drawn up with third countries to avoid any future competition distortion as was the case with the "open sky" agreements concluded between certain Member States and the United States. These agreements were terminated by the Court of Justice precisely because of this distortion in competition, and because they infringed on Community competencies (see EUROPE of 6 November, p. 13).
The Commission, therefore, is to adopt a proposal to obtain a mandate for general negotiation in aviation matters with third countries, within the scope of its competencies in the field of transport policy concerning negotiations for aviation agreements between the Member States and third countries, in matters which remain under national competency. Furthermore, while waiting for the mandate and regulation to be adopted by Council and Parliament, the Commission is to adopt a declaration asking the Member States to follow the principles contained in the Court of Justice Ruling when negotiating with third countries, and especially to abide by Community objectives of non-discrimination of European air carriers in allocating traffic rights into and out of the Community.
In its first communication, the Commission asked the Member States to terminate agreements concluded with the United States, and it requested a mandate to negotiate a Community agreement with the United States, in order to create a single transatlantic air space (see EUROPE of 20 November, p.13). In its latest communication, which refers to these two points, the Commission is looking to go further. For this reason, it seeks:
- a general mandate to negotiate with third countries (other than the United States) in aviation matters in its remit. The aim is to avoid discrimination between European air carriers by introducing a "Community transporter" clause, which should guarantee a fair allocation of traffic rights to and from the Community between European air carriers. The Commission and the Council will have to describe the exact mandate objectives, the priority of links with third countries involved and the negotiation method;
- the Council and Parliament's adoption of a regulation compelling Member States to ensure equal treatment of all Community airlines, when they negotiate airline agreements on subjects that require their competence. This regulation will oblige and notify Member States before any negotiations with third countries, as well as the results of the negotiations in order to ensure an exchange of information on Community territory. Member States will also be obliged to take into account the interests of Community air transporters during the allocation of negotiated traffic rights with third countries and to ensure that this allocation does not discriminate or favour their own national companies. The allocation of traffic rights will be based on transparent criteria like, public interest, market competitiveness, the capability of an air transporter to guarantee the continuity of services and respect for security conditions etc. All these measures will allow the Commission to check the compatibility of the provisions with these agreements with Community legislation and identify areas that could be of Community interest and which, therefore, should be negotiated at Community level.
The commission is therefore expected to request the Council to:
1) accelerate the granting of its mandate for opening negotiations with the USA, in order to create a common trans-Atlantic airspace;
2) authorise Community negotiations for appointing "Community transporters" to and from third countries;
3) rapidly take decisions on regulation implementing an agreement framework on air transport between Member States and third countries.