B4-0640, 0641, 0718 and 0720/95

Resolution on the bilateral 'open skies' agreements concluded by several Member States with the United States

The European Parliament,

- having regard to the third package of liberalization measures in the air transport sector COM(91)0275 (( OJ C 258, 4.10.1991.)),

- having regard to its resolution of 16 November 1993 on aviation relations with third countries (( OJ C 329, 6.12.1993, p. 72.)),

- having regard to its opinion of 22 April 1994 on the amended proposal for a Council Decision on a consultation and authorization procedure for agreements concerning commercial aviation relations between Member States and third countries (( OJ C 128, 9.5.1994, p. 512.)),

- having regard to its resolution of 14 February 1995 on the Commission communication entitled 'The way forward for civil aviation in Europe' (( Minutes of that sitting, Part II.)),

A. whereas the Commission has the right to act when bilateral agreements have an impact on Community law,

B. whereas the bilateral agreements between the US and some Member States could give US operators access to intra-European connections, without offering European operators in counterpart the right to cabotage between American cities,

C. whereas common action is required in this area; whereas it should be based on several general principles; reciprocity, non-discrimination, equivalence of advantages, fair competition, consumer protection, environmental protection, high security standards and respect for the economic interests of all the Member States, as well as guaranteeing good social conditions and a commitment to a public service providing air links with the outlying regions,

D. having regard to the legal obligation incumbent upon Member States to ensure, when negotiating bilateral agreements, that these are not prejudicial to Community legislation, including the third package of liberalization measures,

1. Regrets that the European Union does not have a common policy concerning external agreements on civil aviation;

2. Fears that the third package of measures concerning the establishment of the internal market in the field of civil aviation, which are to take effect from 1 April 1997, will be jeopardized by the cumulative effect of the various bilateral agreements concluded between Member States and the United States of America;

3. Urges the Commission to present to it urgently a report on the impact of bilateral open sky agreements on Community law and on the access of US operators to the European market;

4. Calls on the Commission and the Council to undertake the necessary measures in order to avoid a further negative impact of these agreements on the safety, social and environmental problems in this field;

5. Stresses that any bilateral agreement negotiated between the European Union and a third country should cover areas such as the opening of cabotage rights to foreign airlines on the basis of reciprocity;

6. Calls for a mandate to be given to the Commission for it to draw up negotiating directives with a view to the conclusion of an agreement on civil aviation with the United States of America, the countries of Central and Eastern Europe and Switzerland;

7. Instructs its President to forward this resolution to the Commission, the Council, the Governments of the Member States, the United States Administration, and the Governments of the Central and Eastern European countries and of Switzerland.