Kinnock loses patience over ‘open skies’ deals with US

Date: 04/12/1997

AN INCREASINGLY exasperated Neil Kinnock will revive the spectre of legal action next week in his efforts to persuade EU transport ministers to widen his mandate to negotiate an 'open skies' aviation deal with the United States.

The Transport Commissioner began the first stage of legal proceedings against six member states - Austria, Finland, Sweden, Denmark, Luxembourg and Belgium - in 1995, arguing that bilateral negotiations between Washington and individual national capitals were detrimental to the EU aviation sector as a whole. But no further moves have so far been made beyond sending letters to the six countries in question.

Now, however, Kinnock is rapidly losing patience as one government after another signs up with the Americans.

"If we hang around for too much longer the US will already have signed all of its deals and have its jigsaw in place," explained his spokeswoman Sarah Lambert. "Whilst we will not exactly be threatening member states, it is clear that the Commission does not start legal action unless it is prepared to go through with it if necessary."

Kinnock currently has a mandate to negotiate for the Union as a whole on certain regulatory measures but, crucially, ministers have not given him the go-ahead to discuss the issue of traffic rights - the right to fly inside another country's territory.

The subject was discussed briefly over lunch when transport ministers last met in October, but the European Commission is expecting a much more substantive debate next week.

Lambert concedes that ministers may not be able to take a decision on widening the Commission's mandate at this meeting, but stresses that time is running out.

"We are prepared to give this a bit longer to run, but not another three or four years," she said.

However, member states do not seem to be falling over themselves to give Kinnock the extra remit he is looking for.

Although the Commission's requests appeared on the agenda of a meeting of the EU's Committee of permanent representatives (Coreper) last week, Council of Ministers officials say they were not discussed.

"It is a bit of a tricky situation. The Commission will present its point of view again, but nothing seems to have changed," said one expert.

In recent years a series of national deals have been struck, paving the way for airline alliances between many EU and US carriers. Agreements include link-ups between Belgium's Sabena, Swissair, Austrian Airlines and Delta, German national carrier Lufthansa, Scandinavian Air Services (SAS) and United Airlines and Dutch carrier KLM with Northwest Airlines.

Meanwhile, a high-profile accord between British Airways and American Airlines is still waiting for EU and national clearance following an investigation by Competition Commissioner Karel van Miert earlier this year. French national carrier Air France also has a cooperation agreement with Continental Airlines, with Italy's Alitalia considering joining the deal.