The Council’s
common position not only represents the Council’s position but also reflects
the compromise reached between the three institutions following negotiations
that took place in the autumn of 2007. The Chairman of the European Parliament’s
Committee on Transport and Tourism, accordingly, informed the Council
Presidency that he would recommend the TRAN Committee to approve the common
position at second reading – on condition that the terminology on the
wet-leasing of aircraft (as proposed by Parliament) is incorporated into the
revised text. Both the compromise – and Parliament’s request on wet-leasing –
were endorsed by the Council. To recall, the specific items under discussion
between the three institutions, concern:
- The
social dimension of the internal market:
both the Council and Parliament are satisfied that Recital 8a reiterates
Member States’ obligation to apply the relevant national and European
social legislation. For its part, the Commission has made a commitment
to inform both institutions of the findings of the study it is carrying
out regarding the impact of the internal aviation market on employment
and working conditions.
- Reimbursements
and repatriation of passengers in the event of bankruptcy: the text no longer refers to this provision. The Commission
will, however, study the feasibility and implications of any measure
involving an obligation to take out an insurance for the reimbursement
of tickets and to cover repatriation fees.
- External
relations: this aspect of the proposal was
categorically rejected by the Council. As a compromise, and in a bid to
secure a comprehensive agreement between all institutions, the
Commission accepted that proposed provisions on external relations be
removed. The Commission did, however, make a joint declaration with the
Member States concerning access of third countries to the internal
market in air transport. Further, it made a unilateral declaration on
the restrictions to code sharing arrangements between Community and
third country air carriers.
- Traffic
distribution between airports: under a new
Article 19, traffic may be distributed between the airports on condition
that the airports: serve the same city or conurbation; are served by an
adequate transport infrastructure; are linked with each other and the
city or conurbation they serve by frequently public transport services;
and that they provide the services needed by air carriers and do not
unduly prejudice their commercial opportunities.
- Price
information: the scope for information and non-discrimination
has been extended to all flights leaving the Community – including
flights operated by third country carriers. From now on the final prices
for these flights must include fares, taxes, airport charges and other
charges, surcharges and fees. A recital encourages Community airlines to
demonstrate the same level of transparency for flights to Community
airports.
To conclude,
the Commission is of the view that the Council’s common position helps
maintain the main elements and spirit of its initial proposal and is
therefore able to support it.