Europe's charter airlines fear new rules governing intra-European Union wet-leasing of EU-registered aircraft are simply a thinly disguised attempt by EU member states to protect jobs.
The European Commission originally proposed a new set of common rules to liberalise air transport within the EU in 2006, consolidating and updating three existing regulations (EU Regulations 2407, 2408 and 2409), known collectively as the "third aviation package".
This is subject to a co-decision process, involving the European Parliament and the Council, which together still have to agree on a joint draft. The former adopted its "first reading" report in July while Europe's transport ministers formally adopted their position in late November.
That position, however, included a clause stating "a Community carrier shall not be excessively dependent on using wet-leased aircraft", designed to allow any of the 25 EU member states to limit intra-EU wet-leases.
Brussels-based International Air Carrier Association (IACA) insists the proposed clause was incompatible with liberalisation and hampered the development of an internal aviation market. The association lobbied the Parliament, which sent a letter to the Portuguese Presidency, stating that the Council's opinion on wet-leasing was unacceptable.
IACA is adamant that EU aircraft operators granted an operating licence should be free to decide both whether to wet-lease to other EU licence-holders or use wet-leased aircraft with an EU licence.
The Council did not withdraw its previously proposed clause that could restrict intra-EU wet-leasing, simply rewording the text as follows: "Community carriers may freely operate wet-leased Community aircraft, except where this would lead to endangering safety. The Commission will ensure that the implementation of such a provision is reasonable and proportionate and based on safety considerations."
IACA remains mystified about the direct link between wet-leasing and safety. Koen Vermeir, IACA director of aeropolitical affairs points out: "The proposed direct link to safety is odd: if a carrier with an EU licence leasing an aircraft from another licensed EU carrier is considered unsafe, why should the operator then fly at all? If the operator is unsafe, its licence should be withdrawn."
Vermeir is also critical of the overhaul of the third package: "Whereas the Commission's original intention was to simplify the existing regulations, the legislative revision process has actually made the whole package stricter and more complex. Why did they try to fix it, if it wasn't broken?"
Source: FlightGlobal.com
