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Ninth Meeting of the EU-U.S. Joint Committee Record of Meeting of June 22, 2011


Other Releases
June 22, 2011


1. The ninth meeting of the EU-U.S. Joint Committee took place in Oslo on 22 June 2011. The lists of participants are at Attachment 1. The approved agenda is at Attachment 2.

2. The Joint Committee expressed its appreciation to the Norwegian Ministry of Transport and Communications for the use of its facilities for this meeting.

3. Both delegations took note of the signing of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part; and of the Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part. Signature of the “accession” agreement for Iceland and Norway took place on 21 June 2011 in Oslo.

4. The Legal Working Group reported on its work regarding the development of criteria for determining, in the context of the Parties’ waivers of ownership and control requirements for third-country airlines, whether third countries have established a record of co-operation in air services relations, and on mechanisms for determining the countries for the operation of 7th freedom passenger-combination services. The Legal Working Group confirmed that resolution on the substance had been reached in relation to the ownership and control waivers, but that further work was required on the list of countries for additional 7th freedom rights. The Legal Working Group confirmed that the expected final document, a draft Joint Committee decision covering both issues, could be presented for consideration by the Joint Committee in plenary at the next meeting. The Joint Committee asked the Legal Working Group to continue its work in these two areas so as to develop final proposals in time for consideration by the next meeting of the Joint Committee.

5. The U.S. delegation expressed concerns, and sought more information, about plans to introduce operating restrictions at Paris Charles de Gaulle and Frankfurt airports. The European delegation reiterated its understanding that both France and Germany have complied with Article 15 of the U.S.-EU Air Transport Agreement (“the Agreement”). A French representative on the European delegation and the U.S. delegation acknowledged a recent fruitful bilateral discussion on this topic. France confirmed it will send to the U.S. delegation the cost/benefit analysis of proposed noise regulations applicable to Charles de Gaulle Airport by the end of June 2011. In response to questions posed by the U.S. delegation regarding Frankfurt, the German Government pledged to propose a DVC on the issue in the coming weeks.

6. The delegations discussed the EU Directive to apply the EU Emissions Trading System (EU ETS) to aviation, including U.S. aircraft operators. This discussion took most of the day. The two delegations recognized their shared objective of addressing the impacts of aviation on climate change, including initiatives at the global level.

7. The U.S. delegation stated its government’s objections to the EU's ETS legislation on both legal and policy grounds. Without prejudice to this position, the U.S. delegation posed a number of questions to the European delegation aimed at developing a better understanding of the EU's ETS legislation. The European delegation made a presentation about EU initiatives to reduce aviation's climate change impacts, including the EU ETS, and responded to many of the U.S. questions. It stated that the EU ETS Directive is established EU law, that the law is non-discriminatory, and that the EU does not intend to withdraw or to amend the Directive. It also explained the possibility to exempt flights incoming from countries where equivalent measures were implemented and emphasised its openness to further dialogue with the United States. The U.S. delegation stated that it was not interested in equivalency discussions, and had serious concerns about the potential for discrimination among countries in the way the EU might apply equivalency-based exemptions. The European delegation reiterated that there was absolutely no intention to discriminate in respect of future action in this area. In response to a question from the U.S. delegation about the possibility for exempting flights in both directions, the European delegation stated that it was difficult to envisage circumstances where it would be appropriate and the United States would have to explain what kind of action from the U.S. side could justify consideration of any such amendments. The European delegation also raised a number of questions aimed at developing a better understanding of U.S. policy towards aviation and climate change. The U.S. delegation stated that it had already covered some of those questions in its description of U.S. initiatives to reduce aviation greenhouse gas emissions, and it saw the purpose of the discussion as the EU ETS rather than U.S. climate policy. The European delegation emphasised its interest in responses from the United States to its questions, and also sought to understand how the United States envisaged a global agreement through ICAO, a goal which the European delegation shared and where it believed a common understanding would be helpful. The U.S. delegation stated that it would respond to the European delegation’s questions at a later time.

8. The Joint Committee considered a number of issues concerning aviation security. On liquids, the European delegation referred to the U.S. Diplomatic Note (dated 13 April 2011) requesting discussions under the Agreement regarding EU security measures to be implemented for liquids, aerosols and gels (LAGs) as of 29 April 2011. The application of EU rules was subsequently suspended. With a view to avoiding a similar situation in the run-up to 29 April 2013 when all restrictions on the carriage of LAGs in cabin baggage are to be lifted and replaced by screening under EU law, the delegations confirmed their commitment to replace restrictions on the carriage of LAGs in cabin baggage by a screening regime for all liquids by April 2013, which was set out in a Joint Statement describing the actions and mechanisms for achieving that goal. The Joint Statement is at Attachment 3. The delegations intend to report back to the Joint Committee on progress achieved by mid-2012.

9. On One Stop Security, the European delegation reiterated the importance the EU attaches to staff screening to mitigate the threat to international civil aviation. Such requirements must be applied to EU-bound flights departing from U.S. airports in order that One Stop Security can be attained, thus allowing passengers and their baggage arriving at European airports from the United States to transfer onto a connecting flight without further security controls. The Transportation Security Administration (TSA) confirmed that it is implementing its commitment to the EU with regard to staff screening – as laid down in the letter from the TSA, dated 4 June 2010 – and agreed to provide information at the meeting of the EU-U.S. Transportation Security Co-operation Group (Lisbon, 28-29 June 2011) by the latest, to demonstrate the case. The European delegation welcomed the U.S. delegation’s intent to provide information with respect to implementation of the staff screening requirements and reiterated that staff screening must be applied in an unpredictable manner to all staff servicing EU-bound aircraft, including not only flight crew, but ground personnel, such as baggage handling staff, catering staff, etc.

10. On air cargo security, the delegations recognised the need to enhance and to align cargo security requirements, where they seek to attain equivalent security objectives, encapsulating both supply chain security controls for the handling of cargo from known consignors and screening of cargo from unknown consignors by regulated agents. The delegations also acknowledged the shared desire to work towards mutual recognition of their respective cargo security regimes wherever possible. As such, the U.S. delegation, following its recognition of the National Cargo Security Programs of two EU Member States (France and the UK), intends to review other such requests from EU Member States by the end of 2011, provided that the Member State in question co-operates, as necessary, to allow the United States to complete such reviews. The European delegation reiterated its desire to see the EU cargo security regime recognised as a whole and informed the U.S delegation that priority requests for 2011 include, though may not be limited to, the following EU Member States: Austria, Belgium, Czech Republic, Finland, Germany, Ireland, Italy, Luxembourg, Malta, Netherlands, Spain, and Sweden, as well as Norway and Switzerland.

11. The delegations recognised that mutual recognition of their respective cargo security regimes is important for facilitating global trade, eliminating duplication of controls where appropriate, and alleviating the cost and operational burden on operators. Such an approach would serve to avoid the need for either side to request additional measures in air cargo security, without prejudice to the need to take immediate action to protect transportation security, and would facilitate the establishment of One Stop Security in this domain. The delegations confirmed their interest in achieving this result.

12. The European delegation reported on the difficulties experienced by operators with the implementation of U.S. emergency amendments. The EU and the United States intend to resume dialogue on the cargo and mail security emergency amendments with a view to identifying alternative procedures that least disturb existing practices while achieving the required security outcome. The U.S. delegation confirmed that the United States intends to continue its evaluation of the EU regime with the aim of recognising EU-based cargo and mail security rules, both in regard to supply chain security and screening procedures, focusing on equivalency of result rather than process. The delegations acknowledged that air carriers should benefit as much as possible from standardised alternative procedures.

13. The delegations also affirmed their interest in working closely on a common position in support of enhanced cargo security measures at the international level. To that end, the delegations reiterated the desire of their respective authorities to seek mutually acceptable approaches to propose to ICAO in its ongoing work on air cargo security, building on the basic principles already laid down in ICAO Annex 17 on Security, notably the risk-based approach that the EU and U.S. share.

14. The Joint Committee welcomed the successful EU Forum on Transatlantic Aviation Competitiveness that took place in Washington D.C. on 12–13 April 2011, which both delegations found very informative and productive. The European Commission announced that it is currently considering further steps to be taken as a follow-up to that forum. In particular, the Commission is considering the organisation of a second Forum on Transatlantic Aviation Competitiveness next year to address issues that have been identified of particular interest by participants.

15. The delegations expect to hold the next meeting of the Joint Committee in autumn 2011 in Rome or Washington D.C.

Signed on 8 December 2011.

For the European delegation: For the U.S. delegation:
Matthew Baldwin Krishna R. Urs

Attachments:
1 – List of Participants
2 – Approved Agenda
3 – Joint Statement


Attachment 1 

EU-U.S. Joint Committee
June 22, 2011
Oslo, Norway

U.S. delegation

Department of State
Mr. Krishna Urs, Deputy Assistant Secretary for Transportation Affairs
Mr. Wendell Albright, Director, Office of Aviation Negotiations
Ms. Megan Walklet-Tighe, Team Leader, Office of Transportation Policy
Ms. Elizabeth Kiingi, Attorney-Adviser, Office of the Legal Adviser
Ms. Anne Benjaminson, Office of Aviation Negotiations
Ms. Rebecca Grutz, Office of European Union Affairs
Mr. Drew Nelson, Bureau of Oceans, Environment and Science
Mr. Aldo Sirotic, Deputy Political and Economic Officer, U.S. Embassy Oslo

Department of Transportation
Mr. Paul Gretch, Director, Office of International Aviation
Mr. John Kiser, Chief, Pricing and Multilateral Affairs
Mr. Christopher T. “Kip” Tourtellot, Attorney Advisor, Office of International Law
Ms. Kathryn Thomson, Counselor to the Secretary

Federal Aviation Administration
Ms. Julie Oettinger, Assistant Administrator for Policy, International Affairs and Environment
Mr. Kurt Edwards, Acting Manager, Global Issues Staff
Mr. Arthur "A.J." Singletary, Acting Senior International Advisor, Office of Environment and Energy

Department of Homeland Security Transportation Security Administration
Mr. John Halinski, Director, Office of Global Strategies
Mr. George McCaffrey, Regional Manager, Europe
Mr. Jesus "Jess" Presas, TSA Attache, U.S. Embassy Berlin

Department of Commerce
Mr. Eugene Alford, Air Transport Specialist

Environmental Protection Agency
Mr. Maurice LeFranc, Senior Advisor on International Climate Change

Industry Associations
Mr. Russell Bailey, Air Line Pilots Association
Ms. Cecilia Bethke, Air Transport Association
Ms. Nancy Young, Air Transport Association
Ms. Rosalind K. Ellingsworth, Independent Pilots Association
Ms. Diane Peterson, Airports Council International – North America
Mr. Kevin Henry, Southwest Airlines Pilots Association
Mr. Bob Coffman, Allied Pilots Association
Mr. Brian Davey, General Aviation Manufacturers Association

Environmental Organizations
Ms. Carol Anne (Annie) Petsonk, International Counsel, Environmental Defense Fund

European delegation

EU

European Commission:
Mr. Matthew Baldwin, DG MOVE, Director, Air Transport
Mr. Carlos Mestre Zamarreno, DG MOVE, Deputy Head of Unit, Air Transport Agreements
Ms. Jana Rejtharova, DG MOVE, Policy Officer, Air Transport Agreements
Mr. David Batchelor, DG MOVE, Policy Officer, Air Safety
Mr. James Bradbury, DG MOVE, Policy Officer, Aviation Security
Ms. Lida Mantzavinou, DG MOVE, Stagiaire, Air Transport Agreements
Ms. Mary Veronica Tovsak Pleterski, DG CLIMA, Director, European and International Carbon Markets
Mr. Damien Meadows, DG CLIMA, Head of Unit, International Carbon Market, Aviation and Maritime
Mr. Philip Good, DG CLIMA, Policy Officer, International Carbon Market, Aviation and Maritime

European External Action Service:
Mr. Tomás Abadía, Policy Officer, Division for Relations with Canada and the United States

EU Member States:
Mr. Máté Gergely, DGCA Hungary, Director General
Mr. István Szabó, Ministry of National Development, Hungary, Head of international Department
Mr. Lars Österberg, Ministry of Enterprise, Energy and Communications, Sweden, Director, Transport Division
Mr. Jeremy Hotchkiss, DfT UK, Department for Transport, International Aviation Safety & Environment Division, Head of Division
Ms. Maria Teresa Lioi, ENAC – Italian Civil Aviation Authority, Air Transport Regulation Division
Mr. Tomáš Vokatý, Ministry of Transport, Civil Aviation Department, Czech Republic, Senior Official
Dr. Matti Tupamaki, CAA Finland, Air Transport, Director
Ms. Ana Belén de Castro Reyero, Spanish Directorate General of Civil Aviation, Legal Advisor
Dr. Mareike Bartkowski, Federal Ministry of Transport, Building and Urban Development, Germany, Deputy Director International Air Transport
Mr. Thierry Buttin, Embassy of France in Washington, Advisor to Sustainable Development and Transport
Mr. Olivier Meynot, DGAC France, Expert in European Air Transport Agreements
Mr. Krasimir Naydenov, DG, Civil Aviation Administration, Bulgaria, Head of International Relations Department
Mr. Pawel Moniak, Civil Aviation Office of Poland, Air Transport Department, International Agreements Division, Senior Adviser
Mr. Thorkild Saxe, Danish Transport Authority, Senior Adviser
Mr. Hans de Jong, Directorate General of Civil Aviation and Maritime Affairs, The Netherlands

Industry Associations:
Ms.Céline Canu, European Cockpit Association
Mr. Fabio Gamba, Association of European Airlines
Mr. Steve Guynan, European Cargo Alliance
Mr. Gérard Borel, ACI Europe (Airports Council International)

Environmental Organisations:
Mr. Tim Johnson, Aviation Environment Federation
Air Carriers (not formally included in the delegation):
Prof. Dr. Regula Dettling-Ott, Deutsche Lufthansa AG

Iceland
Ministry for Foreign Affairs:
Mr. Kristjan A. Stefansson

Norway

Ministry of Transport and Communications:
Mr. Ottar Ostnes
Mr. Øyvind Ek
Mr. Pierre Chauvin
Mr. Trond Kråkenes
Ms. Anne Margrethe Viken
Civil Aviation Authority:
Mr. Anders S. Slettvold


Attachment 2

EU-U.S. Joint Committee
Oslo, 22 June 2011

Agenda

  • Adoption of Agenda
  • Report from the Legal Working Group report
    • Control of third-country carriers
    • 7th freedom passenger-combination services

Regulatory Co-operation

  • Update on noise regulations at EU airports
  • EU Emissions Trading Scheme
    • Presentation by EU
    • Brief summary of U.S. questions
    • EU responses to specific points
    • EU questions to US
    • U.S. responses to specific points
  • Aviation Security
    • U.S. request for consultation on the screening of liquids
    • Staff screening in respect of EU-bound flights departing from the U.S.
    • Co-operation on strengthening air cargo security and supply chain security

Other Issues

  • EU Forum on Transatlantic Aviation Competitiveness, Washington D.C., April 2011
  • AOB
  • Next Meeting
  • Adoption of Record of Meeting

Attachment 3

Joint Statement of the Joint Committee under the U.S.-EU Air Transport Agreement
Oslo, 22 June 2011

The European Union (EU) and the United States of America support the objective of moving to a security solution that replaces current restrictions on the carriage of liquids, aerosols, and gels (LAGs) in cabin baggage with the screening of LAGs. The EU and the United States note that this security solution was endorsed by the International Civil Aviation Organization (ICAO) Assembly at its 37th Session in Montreal, Canada, 28 September - 8 October 2010.

The EU and United States confirm their commitment to replace restrictions on the carriage of LAGs in cabin baggage by a screening regime for all liquids by April 2013. They acknowledged that developments in LAGs screening technology must continue to advance to complete the rapid deployment of effective technology within that timeframe.

With that goal in mind, the EU and United States intend to undertake, in the intervening period, to closely co-operate within the context of the EU-U.S. Transportation Security Co-operation Group, and other means and fora as appropriate, by:

i) developing and applying technical specifications for LAGs screening technologies that achieve mutual recognition of this security solution;

ii) promoting research and development of LAGs screening technologies;

iii) promoting deployment of LAGs screening technologies at their respective airports, and exchanging best practices on integrating LAGs screening equipment into the airport operational environment;

iv) achieving mutually acceptable operational and regulatory requirements, as appropriate, for the use of LAGs screening technologies;

v) supporting ICAO in the development of appropriate guidance material and recommendations for ICAO Contracting States to achieve this goal;

vi) continuing discussions on LAG policy issues within the context of the EU-U.S. Transportation Security Co-operation Group.

The Joint Committee agreed to review progress on these issues by mid-2012.



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