The Association of European Airlines (AEA) says it is "deeply concerned about the international aviation policy of the European Union" and is calling for assurances that its views will be taken into account.
The European Commission (EC) is close to winning the mandate it has pursued for many years - to negotiate on behalf of European Union member states all external bilateral aviation treaties with non-EU countries. The AEA fears the effects of uncertainty during the transition period and is concerned that airlines may be deprived of a voice in the process.
Since the recent European Court of Justice (ECJ) ruling that it is illegal for bilateral aviation treaties between individual EU states and non-EU countries to exclude other community airlines from renegotiated treaties, the EC's hand in reaching its objective of being the EU's central aviation negotiating body has been considerably strengthened. The ECJ says existing bilaterals may stand, but the EC insists that any renegotiation must include making the treaty compliant with the ECJ ruling. Since the non-EU party to the treaty may not accept such changes, this prevents bilaterals developing.
The situation "affects the political framework that forms the backbone that internationally operating airlines need in order to grow and remain commercially healthy," says the AEA. It adds: "The AEA feels that the questions raised by the Commission require not only a fundamental legal analysis, but even more importantly, a pragmatic approach and political agreement." Airlines are accustomed to providing input to the renegotiation of bilateral aviation treaties, but now fear they may not have any input into a new EC-negotiated system.
Source: Flight International
