WRITTEN QUESTION E-0283/96 by Hiltrud Breyer (V) to the Commission (15 February 1996)

Subject: Home-base status for airlines

1. Will the harmonization in European aviation have a direct effect on the restrictions at German airports on night flights?

2. Are the harmonization measures likely to effect the home-base status of airlines at German airports?

3. If so, are the rules for national and international airlines different?

4. In future will airlines within the EU be able to claim home-base status at different airports at the same time?

5. What other rules currently applying to aviation will change with the harmonization of EU law? When? What exactly will the changes involve?

6. What scope will national governments still have to introduce restrictions or bans on night-flights?

7. Will existing restrictions on night-flights have to be abandoned under the harmonization measures?

8. If so, is there any projected timescale?

Answer given by Mr Kinnock on behalf of the Commission (21 March 1996)

On 1 January 1993, the third and final package of measures for the liberalization of the Community's internal air transport market entered into force. Under the package an undertaking wishing to provide air transport services has to have an operating licence which is to be issued by the Member State where it has its principal place of business and registered office if any. Once granted such an operating licence, the undertaking is free, subject only to a limited number of well-defined exceptions, to operate throughout the entire Community. This implies that it may also establish substantial operations at airports located in other Member States.

The Commission understands that, unlike an air carrier's principal place of business, the term 'home-base status' essentially refers to the place where the carrier's aircraft are regularly stationed and maintained. On the basis of this understanding, the Honourable Member's questions must be answered as follows:

1. Member States remain free to lay down national rules on curfews at their airports which, however, must respect the general principles of Community law, in particular on non-discrimination.

2. Due to the liberalization of the Community's internal air transport market, German airports may in the future increasingly serve as 'home base' for air carriers from other Member States.

3. Within the scope of application of the third package, any discrimination on grounds of nationality of the air carrier is prohibited. German air carriers may therefore not be treated more favourably than air carriers from other Member States.

4. Yes.

5. The third package establishes common rules on licensing of air carriers (Council Regulation (EEC) No 2407/92 ((OJ L 240, 24.8.1992. ))), market access (Council Regulation (EEC) No 2408/92 (1)) and fares and rates for air services (Council Regulation (EEC) No 2409/92 (1)). Those rules, which include full cabotage rights as of 1 April 1997, are directly applicable in all Member States and have replaced conflicting rules at both national and international level. The Community has also adopted other legislation on air transport, including, in particular:

- the allocation of slots at airports located in the Community (Council Regulation (EEC) No 95/93 ((OJ L 14, 22.1.1993. )));

- the operation of computerized reservation systems within the Community (Council Regulation (EEC) No 2299/89 ((OJ L 220, 29.7.1989. )) as amended by Council Regulation (EEC) No 3089/93 ((OJ L 278, 11.11.1993. )));

- a denied-boarding compensation system in scheduled air transport (Council Regulation (EEC) No 295/91 ((OJ L 36, 8.2.1991. )));

the mutual acceptance of cockpit personnel licences (Council Directive 91/670/EEC ((OJ L 373, 31.12.1991. )));

- the gradual phasing out of noisy aircraft (Council Directive 92/14/EEC ((OJ L 76, 23.3.1992. )));

- the investigation of civil aviation accidents and incidents (Council Directive No 94/56/EC ((OJ L 319, 12.12.1994. )));

- a Community framework for the certification of aircraft, maintenance organization and air operators and for the licensing of personnel involved in aviation safety and aircraft operations (Council Regulation (EEC) No 3922/91 ((OJ L 373, 31.12.1991. ))).

6 to 8. The Honourable Member should see point 1 above.