WRITTEN QUESTION E-3363/01 by Charles Tannock (PPE-DE), Theresa Villiers (PPE-DE)and Piia-Noora Kauppi (PPE-DE) to the Commission. Cabotage, the future of the European airline industry and competition for slots.
Date: 2001-12-06
Institutions: European Parliament, Provisional data
Subjects: United States, air cabotage, air transport, competition law, equal treatment, international negotiations, international transport, transport regulations

6.6.2002

EN

Official Journal of the European Communities

C 134 E/223

(2002/C 134 E/236)

WRITTEN QUESTION E-3363/01

by Charles Tannock (PPE-DE), Theresa Villiers (PPE-DE)
and Piia-Noora Kauppi (PPE-DE) to the Commission

(6 December 2001)

Subject: Cabotage, the future of the European airline industry and competition for slots

Rather than resorting to bail-outs and the provision of anti-competitive state-aids, does the Commission
accept that the best way to achieve the reconstruction of the ailing European airline industry which
Commissioner de Palacio has been calling for in recent weeks would be not only to facilitate airline
mergers, as well as the absorption, where appropriate, of less-efficient carriers by more efficient carriers,
but to encourage this process by implementing a genuine single market within the European Union so that
a British/Dutch/Finnish airline, for example, could fly passengers from Madrid to Rome or a German/
Italian/Spanish carrier fly passengers from Athens to Copenhagen, and to ensure that decontrol of routes
would be matched by decontrol of gates and slots (through the operation of standard lease terms) so that
efficiency and good management rather than the simple possession of airport facilities would be the basis
of continuing success? If so, what legal impediments, as opposed to political obstacles, currently stand in
the way of the Commission achieving such objectives?

Does the Commission also accept that this would be the best way to generate thriving and successful
European carriers which could compete effectively with their north American counterparts, and that such
reforms could form the basis of a ‘super open-skies’ agreement which would allow a French/Danish/
Portuguese airline which had flown from across the Atlantic from Paris to pick-up passengers in New York
on the way to Chicago or San Diego whilst a U. S. airline which had stopped-off in London on its way to
Athens would be free to pick-up passengers for the onward journey?

Finally, does the Commission believe that its recent decision not to reallocate for an indefinite period a
number of unused slots to airlines that want to use them is the right way to achieve the reconstruction in
the industry that Commissioner de Palacio has spoken of, and what are the legal
limits to the
Commission’s discretion in this area?

Answer given by Mrs de Palacio on behalf of the Commission

(29 January 2002)

The Commission agrees that state aid is not the solution to the problems of the Community air transport
industry and that a vigourous internal market is the key to developing stronger Community airlines. Under
existing Community law, all Community airlines already enjoy complete, fair and non-discriminatory
access to the entire Community market. Such airlines may fly between any two airports in the Community
regardless of which Member State they are based in. The Community law requires that the slot allocation is
performed in a fair and non discriminatory manner. Community airlines all have an equal right to apply
for slots. It is only on international routes connecting Member States with destinations outside the
Community that the right to provide services is still restricted by nationality. This has prevented the
development of a truly integrated Community air transport
industry. The Commission is currently
challenging this situation in the Court of Justice.

A comprehensive agreement between the United States and the Union would be a major step forward for
the European industry. It would give Union and United States airlines more freedom to provide services
and would also allow international investment to take place in aviation in the same way as in other major
industries. It is for this reason that the Commission has requested a mandate from the Council to begin
negotiations with the United States. So far, the Council has refused to grant such a mandate.

C 134 E/224

Official Journal of the European Communities

EN

6.6.2002

As a result of the current economic problems facing the airline industry after 11 September 2001, many
airlines withdrew air services on a temporary basis, leaving some of their slots unused. Normally, such
unused slots are taken away from the air carrier concerned at the end of the season and reallocated to
other airlines. Given the exceptional nature of the events that lead so may airlines to cancel services, the
Commission took the view that it was appropriate to allow airlines to keep the slots that remained unused
at the end of the Summer season in October 2001 instead of reallocating them as usual. The Commission
will make a further formal proposal to the Council and Parliament to confirm this position when the
current winter season ends in March 2002. This will allow services to be reinstated as demand recovers.
However, this is a temporary and exceptional measure and it should not have an effect on the broader
restructuring process.

(2002/C 134 E/237)

WRITTEN QUESTION E-3369/01

by Toine Manders (ELDR) to the Commission

(6 December 2001)

Subject: Directive against counterfeit goods

The Commission has announced its intention of drafting a directive comprising measures to tackle the
counterfeiting of branded goods.

Experience shows that it is difficult to control this phenomenon. I therefore wish to make a suggestion
which might be worth investigating.

In the Netherlands, an extremely effective instrument has been in existence for more than 30 years which
involves public-private cooperation to combat counterfeiting of goods. The approach is twofold,
combining civil enforcement with the use of the criminal law. The results are very satisfactory.

The use of the criminal law is based on the work of the Buma (Dutch Performing Rights Society)/Stemra
(Mechanical Copyright Organisation)
investigation body to which the
Minister of Justice has entrusted responsibility for enforcing intellectual property rights by means of the
criminal law.

Investigation Service, a special

This public-private cooperation instrument is designed to optimise the effect of civil enforcement by
rights-holders by bringing the force of the criminal law to bear on the basis of intensive exchanges of
information between the parties concerned.

In connection with the proposed directive to combat the counterfeiting of branded goods, will the
Commission consider this specific model of public-private cooperation, with a view to possibly basing
future European policy on it?

Answer given by Mr Bolkestein on behalf of the Commission

(31 January 2002)

As the Honourable Member points out, cooperation between public authorities and the private sector is a
key element in successfully combating counterfeiting and piracy.

The consultation of interested parties initiated by the Commission in 1998 with the Green Paper on
combating counterfeiting and piracy in the single market clearly showed how important close cooperation
between all of the players concerned is if counterfeiting and piracy are to be combated effectively.

Cooperation can take various forms. In particular, the consulted parties stressed the need for better
coordination between databases and increased cross-border information flows, involving public authorities
and professional bodies.