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Tenth Meeting of the U.S.-EU Joint Committee Record of Meeting December 8, 2011


Other Releases
December 8, 2011


1. The tenth meeting of the U.S.-EU Joint Committee took place in Washington, D.C., on 8 December 2011. The list of participants is at Attachment 1. The approved agenda is at Attachment 2.

2. The Legal Working Group reported on its work regarding (1) 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 (2) the determination of the countries for the operation of 7th freedom combination services. The Legal Working Group confirmed that resolution had been reached in relation to the ownership and control waivers, but that further work was required on the list of countries for 7th freedom rights. The Joint Committee asked the Legal Working Group to continue its work in advance of the next meeting of the Joint Committee.

3. The delegations discussed the application of the EU Emissions Trading System (EU ETS) to international aviation, including U.S. aircraft operators. The U.S. delegation reiterated its government’s objections to the EU ETS on both legal and policy grounds, while underscoring the United States' commitment to reducing global greenhouse gas emissions and continuing collaborative work with the EU in areas such as sustainable alternative fuels. The U.S. delegation called upon the EU to delay or amend the application of the EU ETS to international aviation, saying such a step would remove a significant barrier and advance prospects for a positive global solution at the International Civil Aviation Organization (ICAO). The U.S. side stated its view that EU ETS was an impediment to achieving a global solution in the 2010 ICAO Assembly. The delegation representing the EU, Iceland and Norway (hereinafter, “the European delegation”) underscored EU ETS' status as law within the EU, and noted that the legislation offered flexibility in arranging the optimal interaction between systems in the EU and third countries. The European delegation expressed its view that progress at ICAO had been forestalled by issues other than EU ETS, and that disagreement over the applicability of the principle of "Common But Differentiated Responsibilities" (CBDR) to international aviation emissions was the real obstacle to progress at the 2010 ICAO Assembly.

4. Without prejudice to its government's position, the U.S. delegation responded to questions raised by the European delegation prior to the June 2011 Joint Committee meeting in Oslo regarding U.S. policy towards aviation and climate change. The U.S. delegation said that its government supported developing global measures to reduce aviation emissions while noting that there were many ways such measures could be developed and implemented, and that it was up to individual states to determine the best combination of measures in terms of contributing to a global goal. The U.S. delegation outlined the United States' plan to meet its aspirational goals of achieving efficiency improvements of two percent per year and carbon neutral growth in aviation by 2020, as compared to 2005 by pursuing a comprehensive and integrated five-pillar approach based on aviation’s traditional strengths of technological and operational innovation. In this regard, the U.S. delegation said the USG has an aspirational goal to use 1 billion gallons of renewable jet fuels in aviation by 2018.

4ter. The U.S. delegation also confirmed that it will be submitting to ICAO an action plan by June 2012. The EU said it would welcome further discussions with the US on the global picture, as according to assessments made by ICAO in a 2006 forecast, global aviation emissions are likely to increase by approximately 70% by 2020 above their absolute levels in 2005.

5. The two delegations discussed their respective progress towards implementation of ICAO's most recent NOx emissions standard. The U.S. delegation said the U.S. Environmental Protection Agency intended to provide revised regulations by 31 May 2012 after which the Federal Aviation Administration (FAA) would promulgate enforcement and certification regulations before the 31 December 2012 production cut-off date for engines not meeting the standard. As an alternative, the FAA also was preparing special interim guidance memoranda that would temporarily allow for engine certification and regulatory compliance. The U.S. delegation stressed that this was an extremely ambitious schedule and agreed to inform the EU of any changes. The European delegation said the European Commission was working on a proposal and believed the EU regulatory process would be concluded by the end of 2012.

6. The European delegation provided an overview of recently proposed regulations related to noise, slots, and ground handling at EU airports, while noting that the proposals still had to go through a lengthy approval process before becoming law. The U.S. delegation welcomed the opportunity to provide comments on the proposed regulations, and asked to continue to be informed as the proposals advanced through the approval process.

7. The European delegation said the proposed noise regulation would streamline the noise assessment process and facilitate better airport management. The European delegation said they believed the proposed regulation complied with ICAO's balanced approach and also satisfied the requirements of Article 21 of the U.S. – EU Air Transport Agreement. The U.S. delegation responded by stating that the proposed regulation did not appear consistent with the ICAO balanced approach because it seemed to single out operating restrictions as the means to reduce airport noise, nor with the requirements of Article 21 of the U.S.-EU Air Transport Agreement. The U.S. delegation further noted specific concerns with the proposed regulation's inclusion of the concepts of marginally compliant aircraft and assessments of alternative approaches to noise management based on cost effectiveness. The U.S. delegation also sought additional information on the European Commission's right of scrutiny and asked how the European Commission's role would change under the proposed regulation.

8. The U.S. delegation expressed concerns, and sought more information, about operating restrictions planned for, or already introduced, at Frankfurt, Paris Charles de Gaulle (CDG), Barcelona, and Helsinki airports. In response to questions posed by the U.S. delegation regarding Frankfurt, the German representative on the European delegation said the Federal Administrative Court of Germany was still reviewing the restrictions and would issue a preliminary ruling in March 2012. The U.S. delegation and the German representative agreed to follow up regarding the outcome of the preliminary ruling. The French representative and the U.S delegation agreed to further discuss questions about proposed noise regulations applicable to CDG airport via a digital videoconference (DVC). The U.S. delegation asked that the Spanish government provide the study done at Barcelona airport. The Spanish representative agreed to pass the message to the Spanish government and expressed a willingness to further discuss the issue. In response to questions posed by the U.S. delegation regarding Helsinki, the Finnish representative said the formal process regarding noise regulation at Helsinki airport would begin in 2012 and that Finnish authorities would follow the balanced approach. The Finnish representative and the U.S. delegation agreed to remain in contact as the process moved forward.

9. The European delegation provided an overview of the proposed regulation on slots and said the regulation was intended to maximize usage of slots and to bring greater transparency to the trading of slots. The U.S. delegation saw many positive elements in the proposed regulation, but noted concerns with several specific elements, including slot usage, redefinition of a slot series to increase its length, and the overly broad sweep of non-discretionary sanctions to include unintentional, but repeated, “off-slot” operations outside the control of air carriers. The European delegation said the new 85/15 slot usage rule was carefully chosen to maximize slot usage and noted that the public holiday exception would not penalize air carriers for cancellations on such days, either in terms of meeting the 85/15 rule or affecting series calculations for the purposes granting historical rights to slots. Regarding sanctions, the European delegation said the regulation was not intended to sanction air carriers for unintentional acts beyond their control, such as those arising from weather conditions. The U.S. delegation noted that it expects to provide additional comments to the EU and also provided the European delegation an update on recent developments regarding slots in the United States.

10. The European delegation reviewed the proposed ground-handling regulation and said the proposal, among other changes, was intended to facilitate entry by new carriers and increase competition by liberalizing self-handling and allowing for more choice in ground-handling providers at large airports. The U.S. delegation welcomed the proposed regulation and said it would provide any additional comments as it continued its review.

11. The U.S. and European delegations confirmed their attachment to a strong transatlantic relationship in aviation security, justified and necessitated by the shared objective of high standards of aviation security and by the importance of the transatlantic aviation market. Specifically, they confirmed their commitment to implementing the actions agreed at the Joint Committee meeting of June 2011.

12. On the question of the screening of liquids, aerosols and gels (LAGs), the two delegations noted with satisfaction that practical cooperation had started, notably with a workshop of technical experts in Washington in October 2011. The policy meeting in Paris on 13 December 2011 should decide on further steps to discuss concepts of operations and regulatory aspects, including the question of U.S. bound flights, in order to clarify the position of both sides by spring 2012. The United States and EU agreed that they should put forward a joint paper to the ICAO AVSEC Panel of March 2012.

13. In regards to the recognition of the EU's cargo security regime, the U.S. delegation confirmed that it recognizes the EU side’s robust cargo security regime and also recognizes the significant degrees of compatibility between U.S. and EU regulations, as reflected in and implemented through the National Cargo Security Program (NCSP) of each Member State. The U.S. delegation reiterated that its NCSP recognition process aims to ascertain that the EU regime is well applied by individual EU Member States through their NCSPs in a manner that is commensurate with the level of security provided by the U.S. air cargo supply chain program. Its practical effect is that in lieu of implementing the current Model Security Program and Emergency Amendments related to cargo and mail, operators would be required to implement all of the cargo security measures of the recognized Member State’s NCSP.

14. To date, the United States has received five National Cargo Security Programs from EU Member States and expects to have three reviews completed by the end of 2011. The United States will continue working with the remaining Member States to ensure that reviews are completed as soon as practicable in 2012. With the EU’s assistance in receiving additional programs, the United States will begin work with those Member States on the recognition process.

15. On the question of one-stop security and staff screening, the United States has proposed a new concept for unpredictable controls which would be applied in relation to EU bound flights. The European delegation welcomed the concept in principle and requested details on the frequency of controls in order to assess whether it would in practice be commensurate with the required level of screening as agreed in 2010. The U.S. delegation pledged to provide details before the end of 2011.

16. The U.S. and European delegations agreed to add Foreign Repair Stations to the agenda for the next Joint Committee meeting.

17. The U.S. and EU sides agreed to place these issues on the agenda of the Joint Committee in the future.

18. The U.S. delegation asked for an update on the issue of differentiated takeoff and landing fees for intra- and extra-EU operations at Italian airports. The U.S. delegation noted that the higher fees charged for extra-EU operations appeared discriminatory and did not appear to be cost based as required under Article 12 of the U.S.-EU Air Transport Agreement. An Italian representative on the European delegation explained the basis in Italian law for the different fees and said the fees did not discriminate between U.S. and EU air carriers. The Italian representative also noted that Italy was in ongoing consultations with the European Commission on the matter, and hoped to have an update in the near future.

19. The European delegation raised American Airlines' recent filing for Chapter 11 bankruptcy and said that it viewed Chapter 11 as a government subsidy and was concerned about the competitive impact of bankruptcy on the trans-Atlantic aviation market. The U.S. delegation responded that it did not consider Chapter 11 bankruptcy to be a government subsidy or support, that no government funds were involved in Chapter 11, and that Chapter 11 had not been shown to distort competition.

20. The European delegation asked for clarification regarding whether Puerto Rico falls within the definition of U.S. territory as set out in Article 1 of the U.S. – EU Air Transport Agreement. The U.S. delegation confirmed that Puerto Rico is a part of U.S. territory as defined under the agreement.

21. The Italian representative said the Italian government would be pleased to host the next meeting of the Joint Committee in Rome in Spring 2012. The delegations expressed their appreciation for the offer.

Signed on 30 May 2012.

Signed on 8 December 2011.

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

Attachments:

1– List of Participants
2 – Approved Agenda


Attachment 1

EU-U.S. Joint Committee
December 8, 2011
Washington, DC, United States

U.S. delegation

Department of State
Mr. Krishna R. Urs, Deputy Assistant Secretary for Transportation Affairs
Mr. Jerrold L. Mallory, Office Director, Office of Transportation Policy
Ms. Elizabeth Kiingi, Attorney-Adviser, Office of the Legal Adviser
Mr. Adam Packer, Office of Aviation Negotiations
Ms. Rebecca Grutz, Office of European Union Affairs
Department of Transportation
Mr. Paul Gretch, Director, Office of International Aviation
Ms. Mary Street, Assistant 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
Mr. Grady Stone, Office of Aviation Analysis

Federal Aviation Administration
Ms. Julie Oettinger, Assistant Administrator for Policy, International Affairs and Environment
Ms. Lourdes Maurice, Executive Director, Office of Environment and Energy
Mr. Kevin Welsh, Office of Environment and Energy
Ms. Minh Favila, Office of International Affairs
Ms. Rebecca Barthel, Office of International Affairs

Department of Homeland Security Transportation Security Administration
Ms. Jill Drury, Director of International Operations
Mr. Russ Vieco, Transportation Security Administration Attaché, U.S. Mission to the European Union

Environmental Protection Agency
Ms. Karen D. Laughlin, Transportation and Climate Division, Office of Transportation and Air Quality

Department of Commerce
Mr. Eugene Alford, Air Transport Specialist

Industry Associations
Mr. Russell Bailey, Air Line Pilots Association
Ms. Cecilia Bethke, Airlines for America
Ms. Nancy Young, Airlines for America
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. Ed Smith, Senior Vice President, International and Environmental Affairs, General
Aviation Manufacturers Association

Environmental Organizations
Ms. Pamela Campos, Attorney, Environmental Defence Fund

European Delegation

EU

European Commission:
Mr. Matthew Baldwin, DG MOVE, Director, Aviation
Ms. Jana Rejtharova, DG MOVE, Policy Officer, Air Transport Agreements
Mr. David Batchelor, DG MOVE, Policy Officer, Aviation Safety
Ms. Raluca Ionescu, DG MOVE, Policy Officer, Airports
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

European External Action Service:
Mr. Günter Hoermandinger, EEAS Washington
Ms. Irina Markina, EEAS Washington
Mr. Julian Hall, EASA (European Aviation Safety Agency)

EU Member States:
Ms. Judith Ritchie, UK Embassy, First Secretary, Transport Policy
Mr. Simon Knight, UK Department for Transport, Head of Negotiations for CIS, Asia-Pacific and North America
Mr. Hans de Jong, Netherlands Ministry of Infrastructure and the Environment, Chief Negotiator
Mr. Pex Langenberg, Netherlands Embassy, Counselor for Transportation
Ms. Maria Teresa Lioi, ENAC, Italian Civil Aviation Authority, Air Transport Regulation Division
Ms. Monica Junquera Lantero, Spanish Embassy in U.S.
Ms. Ana Belén de Castro Reyero, Spanish Directorate General of Civil Aviation, Legal Advisor
Mr. Pawel Moniak, Civil Aviation Office of Poland, Air Transport Department, International Agreements Division, Senior Adviser
Ms. Anna Iwanicka, Polish Embassy in Washington, First Secretary
Mr. François Theoleyre, DGAC France, Deputy Director
Mr. Maxime Millefert, DGAC France, Chief Air Negotiator for Bilateral Agreements
Mr. Thierry Buttin, French Embassy in Washington, Sustainable Development and Transport Counselor
Ms. Susanna Metsälampi, Finnish Transport Safety Agency, Deputy Director, Air Transport
Ms. Sannamaaria Vanamo, Finnish Embassy in Washington, Counselor
Mr. Helge Pols, German Embassy, Transportation Counselor
Mr. Anders Oestervang, Danish Embassy in Washington, First Secretary, Domestic and Economic Affairs

Industry Associations:
Mr. Athar Husain Khan, Deputy Secretary of AEA (Association of European Airlines)
Mr. Gérard Borel, ACI Europe (Airports Council International)
Mr. Stephen Guynan, European Cargo Alliance


Attachment 2

U.S.-EU Joint Committee
Washington, D.C., 8 December 2011

Agenda

  • Introductions and Adoption of Agenda
  • Adoption and signature of the Record of Meeting of the 22 June 2011 Joint Committee
  • Legal Working Group report
    • Control of third-country carriers
    • 7th freedom passenger-combination services

Regulatory Co-operation

  • Aviation emissions
    • U.S. responses to EU questions on U.S. policy towards aviation and climate change
    • Implementation of ICAO CAEP/6 NOx production cut-off
  • Annual review of developments of legislative changes referred to in Article 21
    • General update on the revision of the EU directive on noise-related operating restrictions at EU airports; specific mention of EU airports with noise-related operating restrictions (Barcelona, Charles de Gaulle, Frankfurt, Helsinki)
    • Majority ownership and effective control of airlines
  • Latest developments in the EU
    • EU airport package (slots, ground handling, noise)
  • Rules for the slot allocation
    • Latest developments in the U.S. as regards the slot allocation system
  • Aviation Security
    • Co-operation on the screening of liquids
    • Staff screening in respect of EU-bound flights departing from the U.S.
    • U.S. recognition of EU rules on air cargo security
  • Takeoff/landing fee charges at Italian airports
  • Chapter 11 bankruptcy

Other Issues

  • Territorial scope of the U.S.-EU ATA
  • AOB
  • Next Meeting
  • Adoption of Record of Meeting



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