European Low Fares Airline Association

46 Avenue des Arts

B-1000 Brussels

Belgium

 tel: +32 (0)2 504 90 05 – fax: +32 (0)2 732 71 76 - info@elfaa.com - www.elfaa.com

 

Registered address: 21-23, 1st Floor, West Street, Oundle, Cambridgeshire, PE8 4EJ, United Kingdom

Registered in England & Wales No. 5882574

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, DC

ANSWER OF THE

EUROPEAN LOW FARES AIRLINE ASSOCIATION

TO THE US DEPARTMENT OF TRANSPORTATION

NOTICE SERVED ON 4 AUGUST 2014

IN SUPPORT OF APPLICATION BY NORWEGIAN AIR INTERNATIONAL LIMITED IN 

ACCORDANCE WITH EU/U.S. OPEN SKIES AGREEMENT.

Docket No. OST-2013-0204

18 August 2014

The European Low Fares Airline Association (ELFAA) strongly supports the position 

taken by the European Commission at the meeting between the US authorities and the 

Commission in Brussels on 14 July with regard to the interpretation of Article 17 bis of the 

Agreement. In particular, ELFAA supports the Commission’s submission that Article 17 

bis sets out certain principles but does not extend to a right for any one party to withhold 

an operating permit. Rather, in the event the concerns raised by one party are found by 

both parties to be legitimate, then the matter should be referred for discussion in the Joint 

Committee. 

ELFAA believes that the legal text of the Agreement does not permit of any interpretation 

of Article 17 bis, which would justify a unilateral decision by one of the parties to withhold 

an operating permit to a carrier, already awarded a licence and operating permit by a 

properly-designated approval authority of the other party. 

ELFAA further considers that any such unilateral withholding by one party of award of an 

operating permit to a carrier, already awarded a licence and operating permit by a 

designated approval body of the other party would constitute a direct breach of the 

mutual recognition of authorisations granted by the aeronautical authorities of the other 

party, as required by the Agreement. 
tel: +32 (0)2 504 90 05 – fax: +32 (0)2 732 71 76 - info@elfaa.com - www.elfaa.com

 

Registered address: 21-23, 1st Floor, West Street, Oundle, Cambridgeshire, PE8 4EJ, United Kingdom

Registered in England & Wales No. 5882574

In addition to the European Union, individual Member States are signatories to the 

Agreement. Neither the EU nor any member state has sought to challenge the authority 

granted by the US to any US carrier, taking up the freedoms freely conceded by each 

party under the Agreement. Unilateral breach of the Agreement, if not corrected, should 

rightly give rise to retaliatory action by the other, in the interest of not only stakeholders 

but consumers, who would be denied access to a more competitive market – the very 

reason for the Agreement. 

To avert a potential downward spiral of measure and counter-measure, ELFAA urges the 

US side to honour its obligations under the Agreement and grant the requisite operating 

permit to Norwegian “with minimum procedural delay”, as required by the Agreement.

The Open Skies Agreement was born of a desire on both sides to liberalise market 

access for properly-authorised operators from both sides, with the express aim of 

introducing increased competition to the market, to the considerable benefit of 

consumers. Norwegian is excellently placed to introduce an innovative standard of 

service at affordable fare levels to the transatlantic air travel market, 87% of the offering 

on which is controlled by carriers, belonging to one or other alliance. The US can rightly 

claim credit for blazing the trail with Open Skies Agreements, which have revolutionised 

access to affordable air travel for millions of consumers. It is now time for the US to 

demonstrate its continued commitment to Open Skies by granting an operating permit to 

a properly-qualified market entrant to the transatlantic market, one committed to offering 

an excellent, innovative standard of service to consumers at affordable prices. 

Sincerely,

John Hanlon

Secretary General, ELFAA

cc: romanow@pillsburylaw.com

peter.nelson@pillsburylaw.com

dan.weiss@coair.com

sascha.vanderbellen@delta.com

mlbenge@zsrlaw.com

rpommer@atlasair.com

russell.bailey@alpa.org

jonathan.cohen@alpa.org

edw@ttd.org

clytle@portoakland.com

kgeorge@broward.org

mrichardson@swapa.org

robert.wirick@aa.com

francis.heil@aa.com

howard.kass@usairways.com

jesse.elliot@faa.gov
tel: +32 (0)2 504 90 05 – fax: +32 (0)2 732 71 76 - info@elfaa.com - www.elfaa.com

 

Registered address: 21-23, 1st Floor, West Street, Oundle, Cambridgeshire, PE8 4EJ, United Kingdom

Registered in England & Wales No. 5882574

nicholas.tsokris@faa.gov

john.chen@faa.gov

john.allen@faa.gov

anita.mosner@hklaw.com#

jennifer.nowak@hklaw.com

nssparks@fedex.com

gbleopard@fedex.com

dberg@airlines.org

jcasey@airlines.org

kglatz@airlines.org

cc@eurocockpit.be)

ejames@jamhoff.com

englets@state.gov

sshur@traveltech.org

eugene.alford@trade.gov

matthew.baldwin@ec.europa.eu

Emmanuelle.MAIRE@ec.europa.eu

david.batchelor@eeas.europa.eu

ottar.ostnes@sd.dep.no

paul.gretch@dot.gov

robert.finamore@dot.gov