NYTimes.com Article: Talk in Europe of Rescinding Open Skies Pacts

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Talk in Europe of Rescinding Open Skies Pacts

May 11, 2004
 By MATTHEW L. WALD





WASHINGTON, May 10 - The transportation commissioner of the
European Union said Monday that if the United States and
Europe could not reach an "open skies" agreement soon on
deregulating commercial air service across the Atlantic,
then she would urge the 15 European countries that already
have such agreements to renounce them.

The commissioner, Loyola de Palacio of Spain, is in
Washington to begin the fifth round of negotiations on an
open skies agreement, which allows air carriers full access
to airports in another country. She said that the current
system could not continue because it gives unfair advantage
to the 15 members of the 25-member European Union that
already have such agreements.

"The actual situation cannot remain indefinitely," she said
at a news conference here.

But American negotiators say that an agreement will be
difficult because of a European demand that it include
giving airlines the right to carry cargo and passengers
from one American destination to another, or one European
destination to another.

That practice, which might let Air France carry a passenger
from Los Angeles to New York, or FedEx carry a package from
Paris to Marseille, is called cabotage. A Bush
administration official, who spoke on the condition of
anonymity, insisted that cabotage "cannot occur in the near
term."

The United States has offered an open skies agreement that
includes seeking a change in American law so that
foreigners could own up to 49 percent of American carriers,
up from the current limit of 25 percent, among other
changes. The Europeans are seeking the right to buy a
majority of the stock.

But the American official said that this was a "very good
near-term deal" and that demanding cabotage "would be a
serious miscalculation."

Asked why the United States was opposed, the official said:
"We have not explored what the balance of benefits on this
issue would be. It's an issue that's not on the table."

The European Union won the right in 2002 to negotiate
aviation agreements on behalf of its member states.

Whether European countries would actually renounce existing
open skies agreements is not clear. Doing so might create
other problems. For example, approval by the Transportation
Department of code-share agreements, which allow American
and European carriers to book passengers on each other's
routes, is contingent on the existence of open skies
agreements because such agreements would assure that the
code-share partners were not guaranteed a monopoly.

Negotiators on both sides say that their best chance for an
agreement is in the next few weeks. Europe holds elections
next month, and Ms. Palacio's term of office ends in
November, and agreements will be hard to reach as that date
approaches, according to people involved in the
negotiations.

Jeffrey N. Shane, the under secretary of transportation for
policy, said: "There is an extraordinary agreement on the
table right now. It would be extremely unfortunate not to
take advantage of the real and meaningful liberalization
available to both sides through the package that is
currently pending."

Ms. Palacio and others predict strong growth in
trans-Atlantic traffic with an open skies agreement. Ms.
Palacio noted that the British sometimes refer to the
Atlantic Ocean as "the pond," but said of an open skies
agreement, "to make it really a pond, we need this
bridging."

http://www.nytimes.com/2004/05/11/business/worldbusiness/11sky.html?ex=1085282229&ei=1&en=568f941ae33ccc86


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