Brussels wins powers on 'open skies' deals

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Brussels wins powers on 'open skies' deals
By Francesco Guerrera and Daniel Dombey in Brussels
Published: May 27 2003 21:09 | Last Updated: May 27 2003 21:09


The European Commission is to win powers to negotiate European Union-wide
aviation deals with the US, in a move that could speed up consolidation
among struggling EU airlines. After more than a decade of wrangling,
national governments are expected to hand over to the Brussels authorities
the right to negotiate "open skies" deals with the US. However, EU
countries will retain powers to negotiate key aspects of the hundreds of
bilateral deals with countries other than the US. The EU "open skies"
mandate, to be agreed by transport ministers next week, will prevent member
states from favouring national airlines over EU rivals on the lucrative
routes to the US. Airline experts believe this would remove a big stumbling
block to consolidation of the fragmented European aviation sector. Under
current bilateral deals, signed by 11 of the EU's 15 members, only airlines
from from the signatory EU countries can fly to the US, the world's most
important transport market. As a result, any airline bought by a European
rival would lose its right to fly there. These concerns have played an
important part in scuppering a number of mergers between EU airlines,
including British Airways' proposed tie-up with KLM in 2000. The "open
skies" mandate is a victory for the Commission which had been trying for
more than 10 years to obtain such powers. Member states' resistance to the
Commission's request was dealt a fatal blow last year, when the European
Court of Justice ruled that bilateral agreements broke EU law. The Court
said the deals unfairly favoured airlines from some EU member states over
the others.

EU diplomats said on Tuesday some member states, including the UK and the
Netherlands, had reservations over the "open skies" deal. However, they
said the remaining differences should be ironed out at a meeting of EU
deputy ambassadors on Wednesday, in time for a final agreement by transport
ministers next week. "It is very likely that we will have an open skies
deal next week," said an EU diplomat. People close to the negotiations said
concessions to national governments over deals with other countries had
helped the Commission to win the mandate for the US. Under the proposed
agreement, national governments will retain the right to negotiate key
aspects of bilateral deals with other countries provided they consult the
Commission. The European Commission on Tuesday removed the last obstacle to
the liberalisation of the EU energy markets by agreeing to subject nuclear
power companies to tough competition laws. The move, which comes after an
internal dispute within the Commission, should pave the way for the
approval of the liberalisation by the European parliament next week.
Tuesday's decision is a victory for Mario Monti, EU competition
commissioner, over the energy commissioner Loyola de Palacio, who had
argued in favour of less strict rules on nuclear power companies.


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