Brussels, 06/10/2009 (Agence Europe) - A series of major decisions on transport could be taken during the first formal meeting of transport ministers under Swedish EU Presidency, on Friday 9 October in Luxembourg. Before the lunch to be devoted to road safety, ministers will hold a public debate on future European transport policy (see EUROPE 9985), and are expected to adopt complementary negotiating directives with a view to concluding a treaty establishing a transport community with the Western Balkans (see EUROPE 9616). They will then tackle the most difficult point, by seeking to reach a political agreement on the draft regulation concerning the rights of ship passengers. The Presidency remains confident that a compromise will be reached despite two key points that remain outstanding. The Council is also expected to give its political endorsement to opening talks with Brazil with a view to concluding an agreement on civil aviation safety, as well as with the United States with a view to making the new air traffic control system in Europe (SESAR) compatible with the American system (NextGen).
Shipping. The Council will first and foremost seek to reach a political agreement on the draft Commission regulation of December 2008 on the rights of passengers when travelling by sea and inland waterway, in order to harmonise passengers' rights in all modes of transport. After a first policy debate in March this year (see EUROPE 9873), the 27 member states are expected to agree on the scope of the draft regulation and on a “force majeure” clause limiting the obligations of carriers in case of cancellation and delays. Close to an agreement, the delegations still have to agree on the maximum size of ships excluded from the scope of the directive. The proposal for a compromise prepared by the Presidency provides for the regulation not to apply in respect of passengers travelling with ships certified to carry up to 36 passengers, with fewer than three members of crew and where the distance of the overall passenger service is less than 500 metres (one way). Excursion and sightseeing tours other than cruises should also be excluded from the scope of application of the text. The proposal is endorsed by most delegations but can pose problems for Germany and the United Kingdom which, during work, submitted alternative proposals based on tonnage and excluding most of the large vessels from the scope of the text. The states should also bring their positions closer with regard to the conditions allowing certain carriers to be exempted from the obligation of assistance and housing to be provided to passengers in the case of cancellation or delay. In order to meet the concerns of certain delegations, in particular those from Greece, which fear excessive costs, the Presidency suggests exempting carriers from their responsibility if passengers are informed of the delay or cancellation or if this cancellation or delay is caused by the passenger. Carriers would also be exempt if cancellation or delay are due to weather conditions or exceptional circumstances, the list of which should be the subject to Council agreement. The Council is expected to note the state of play on a draft directive reporting formalities for ships. Presented by the European Commission in January 2009 within the framework of a package announcing the creation of a maritime area without barriers, the proposal aims among other things to generalise the use of electronic systems for reporting formalities for ships arriving in or departing from EU ports. Pending the European Parliament's opinion on this dossier, the policy debate should allow clarification of the way the Council plans to proceed. Western Balkans: The Council is expected to adopt complementary negotiating directives on road transport and thus give a green light to launching talks with a view to concluding the treaty establishing a transport community with the Western Balkans. The directives must complete a general agreement to open talks reached by the Council last year, but which failed to allow the treaty to be negotiated. Adoption of this decision would mark the end of resistance by certain member states neighbouring on the Balkans, and which fear that the resulting treaty would considerably increase traffic and upset the market. The Presidency would like to finalise talks during its mandate but, given the duration of the procedure, it is likely that this will be ratified under Spanish presidency in 2010. Aviation: First of all, ministers are expected to give their political endorsement for extending the provisions of the Open Sky agreement (the agreement aimed at liberalising air traffic between the EU and the United States) to Iceland and Norway. Consequently, EU operators will benefit from the right to operate flights between Iceland and Norway and the United States while Norwegian and Icelandic operators may operate towards the United States from the EU. Nonetheless, this would initially be a political agreement. The decision on signing and applying such an agreement will be agreed once the linguist-lawyers have completed their work. The Council has still to adopt a decision authorising the Commission to open talks with Brazil in the field of civil aviation safety. It should also give the go-ahead to opening talks with the federal aviation administration of the United States on a memorandum for cooperation on research and development in the field of civil aviation. The memorandum aims to ensure that new air traffic control systems in Europe (SESAR) and the United States (NextGen) are interoperable. (A.By./transl.jl)