Twenty-fourth meeting of the U.S.-EU Joint Committee
Record of Meeting
1. The 24th meeting of the U.S.-EU Joint Committee (JC) was held on 9 June 2022 in Brussels, Belgium as a hybrid meeting. The list of participants is included in Attachment 1, the approved agenda in Attachment 2, the subsequently-approved Action Agenda in Attachment 3, the Joint Statement on the application of the EU-U.S. Air Transport Agreement, as amended (ATA) in Attachment 4, and the joint industry presentation in Attachment 5.
Administrative section
2. Record of Meeting: The two sides signed the Record of Meeting of the 23rd Joint Committee meeting on the margins of the JC.
3. Review of the Action Agenda: The delegations reviewed the progress made on the various action items stemming from the JC23 Action Agenda, noting that the pandemic has delayed some follow-up work. The delegations therefore decided to carry forward the relevant action items to the JC24 Action Agenda.
Status of the Agreement
4. Entry into force of the ATA: The delegations welcomed the entry into force of the 2010 Protocol in May 2022, and took stock of the process for the entry into force of (1) the 2019 Wet Lease Agreement, with respect to which the U.S., Norway, and Iceland undertook to send the necessary diplomatic notes, and (2) the 2011 Four-Part ATA, which is yet to be ratified by four EU Member States.
5. Croatia Protocols: The EU delegation updated on the procedures to sign the Croatia Protocols. Norway confirmed its readiness to sign the Protocols, and the U.S. delegation reiterated the need to receive the communications from Member States confirming that the Commission can sign on behalf of the EU.
6. ECAA references in the ATA: The U.S. delegation presented a draft statement clarifying the scope of the ATA with respect to the references to the European Common Aviation Area (ECAA). Both sides decided to include as a joint statement in the Record of Meeting (Attachment 4).
Industry presentation on market developments and recovery
7. EU and U.S. industry associations jointly gave presentations on COVID-19 recovery and market developments (Attachment 5), highlighting challenges posed by the fragmented landscape of policy responses to the pandemic. Industry urged governments to take stock of the lessons learned in the event of a new variant or a similar challenge, and to embrace innovative solutions such as digital vaccination, testing and recovery certificates to minimise disruptions.
Regulatory developments
8. Legislation affecting U.S. foreign air carrier permits: The EU delegation expressed its serious concerns about recurring U.S. legislative initiatives, such as the “Fair and Open Skies Act (H.R. 3095)”, the Kahele amendment (Sec. 413 of H.R. 4502 “THUD Appropriation Bill”) and the “older” LoBiondo amendment (Sec. 530 of H.R. 4 “FAA Reauthorization Act of 2018”), which would limit the possibility of EU carriers to exercise rights under the EU-U.S. ATA. The EU delegation stated that the provisions of these initiatives would breach the freedom of establishment, a fundamental pillar of the EU’s legal system, under the pretext of “flags of convenience”. The EU side underlined its position that adopting these legislative initiatives would constitute a serious violation of the EU-U.S. ATA that would go to the very heart of the agreement. The EU delegation added that, in the eventuality of the adoption of such provisions, the EU would therefore be compelled to act to restore the balance of the agreement. The EU delegation further explained the setup of the EU’s internal market and how the principle of establishment was recognised through the EU-U.S. ATA. The EU delegation explained that since the EU is not putting into question the right of U.S. air carriers to freely choose their U.S. State of incorporation, the EU expects the U.S. to respect this fundamental principle of EU law. Underlining the significant mutual benefits of the ATA, which would thus be put at risk, the EU delegation respectfully requested the U.S. administration to take a clear position on H.R. 3095 and other similar initiatives. The U.S. delegation, although it could not comment on pending legislation, underlined its commitment to uphold the EU-U.S. ATA and act in accordance with international obligations. The U.S. delegation further referred to the tremendous benefits of the agreement for passengers, shippers and both sides’ economies and informed that it will continue to convey its importance to the relevant stakeholders. Both sides committed to communicate and clarify, as needed, to all stakeholders the underlying rights and obligations of the ATA.
9. Consumer protection: The EU delegation updated on the state of play on the revision of Regulation 261/2004. In response to the U.S. delegation’s enquiry about the provisions related to the “no show-policy”, the EU delegation informed that the original legislative proposal for a revision of Regulation 261/2004 includes provisions on a partial ban of “no-show policy”. The EU delegation underlined the EU’s commitment to uphold the freedom of pricing but reminded that this freedom is not without any limitations. At the request of the EU delegation, the U.S. delegation then provided an update on the U.S. Department of Transportation’s rulemaking schedule regarding the regulation on air ticket refunds, ancillary fees, modernising payments for denied boarding compensation and on refunding fees for delayed checked baggage and services not provided.
10. Revision of air service regulation: The EU delegation provided an update on the ongoing preparatory works, notably the evaluation of Regulation 1008/2008, which was published in 2019, which has pointed to a few limited areas for improvements. Following COVID-19, the Commission has undertaken comprehensive stakeholder consultations in 2021 and 2022 and is preparing an impact assessment. Responding to a question of the U.S. delegation, the EU delegation informed that it is assessing elements such as: 1) financial health of air carriers and ability to survive shocks; 2) the oversight of licensing authority; and 3) ownership and control requirements. The EU side further recalled that the bilateral liberalisation of ownership and control rules with the U.S. through the EU-U.S. ATA is a longstanding EU policy objective. The U.S. delegation indicated that the U.S. Government and the Department of Transportation would closely follow these proceedings.
11. Sustainability: Both delegations underlined their governments’ strong mutual commitment to addressing the impact of aviation on climate change and updated on the respective environmental measures to implement CORSIA and develop sustainable aviation fuels (SAF), such as the U.S. Sustainable Aviation Fuel Grand Challenge or the EU’s RefuelEU aviation proposal. The delegations further referred to their excellent cooperation at the International Civil Aviation Organization (ICAO) and committed to stay in continued close contact to achieve an ambitious long-term environmental goal and CORSIA review. The U.S. delegation raised concerns in regard to the EU Fit for 55 package with respect to the application of EU ETS to U.S. air carriers departing from the EEA and U.S. air carriers operating intra-EEA – in the context of a potential conflict with CORSIA. The EU delegation answered that the EU remains committed to CORSIA and that it was difficult at this stage to predict the outcome of the EU legislative process.
Crew Visa Reciprocity
12. The EU delegation stressed that crew visas are an important doing business issue for the sector and expressed its continued regret that the U.S. is the only destination that requires visas for EU air crews whereas U.S. crews have visa-free access to Europe. In response, the U.S. explained that crew travel, by statute, does not fall under the visa waiver programme and therefore requires C1/D visa. The U.S. delegation stressed however that it would make every effort to facilitate the process, for instance by waiving interviews for visa renewals in most instances. Furthermore, the U.S. delegation indicated that consular sections make every effort to prioritize appointments for applicants seeking C-1/D crew visas. The U.S. delegation also undertook to explore whether it is possible to waive the fee for C1/D visa applications of EU, Norwegian and Icelandic aircrew.
Security and Safety
13. The 31st Meeting of the EU‐U.S. Transportation Security Cooperation Group (TSCG) took place in Washington DC on 29-30 March 2022. Representatives from the U.S. Transportation Security Administration (TSA) and the U.S. Coast Guard, on the U.S. side, and the Directorate General for Mobility and Transport (DG MOVE) of the European Commission, on the EU side, discussed various topical subjects in transport security. The TSCG aims to collaborate on important transportation security issues and to address emerging threats to civil aviation and maritime security. Discussions on aviation security included areas such as threat and risk; cybersecurity; technology updates (research and development, artificial intelligence, and open architecture); cooperation at multilateral fora, especially ICAO; regulatory updates and the National Quality Control Programme; EU-U.S. recognition; and air cargo security. Both sides confirmed their continued commitment to pursuing close cooperation in transport security and agreed to take specific joint actions to that end.
14. The EU delegation raised the issue of interference from 5G in and around U.S. airports, underlining its interest to ensure solutions that safeguard the level playing field between domestic and foreign carriers and manufacturers. In response, the U.S. delegation informed that the FAA has not issued any policies that would prioritise domestic over foreign carriers, and that the retrofitting radio altimeters is carried out solely based on technical standards.
15. The EU delegation further expressed concerns on the legislative proposal for a “Safe Aircraft Maintenance Act”, the additional requirements of which risk adding extra burdens for all non-U.S. maintenance organisations that provide services to U.S. carriers. Explaining that it cannot take a position on the matter, the U.S. delegation informed that the Act had been referred to the United States House Committee on Transportation and Infrastructure in April 2022.
COVID-19
16. The delegations took stock of the latest developments and the applicable rules and guidance for air travel. Referring to the Council recommendation of February 2022 on the lifting of EU Member States’ travel restrictions in light of the evolving epidemiological situation, the EU delegation underlined the importance of the U.S. lifting its pre-departure testing requirement for the recovery of the transatlantic market, and enquired when the U.S. administration would lift the said travel restriction. In response, the U.S. delegation took note of these developments, as well as the EU’s views on the U.S. pre-departure testing requirement and informed that this issue is subject to ongoing discussions within the U.S. administration. Both sides further exchanged on ICAO’s work on mitigating the impact of COVID-19: the EU Delegation commended the robust work of the CAPSCA on COVID-19 and suggested to ensure its rapid reactivation in case of new crises. Both delegations concurred that continued information sharing on potential new health emergencies is of utmost importance.
Russia
17. The delegations strongly condemned the illegal invasion of Ukraine, a war without justification accompanied by wide-scale documented war crimes, and took stock of the respective steps taken in reaction. The delegations underlined the importance of the strong transatlantic aviation partnership for addressing violations of international law, including the Chicago Convention, and discussed their cooperation within ICAO.
AOB
18. The delegations took note of the serious staffing issues at airports and the impact for airlines and consumers and committed to closely follow up on this important matter to ensure that measures taken by airports and airlines to address the situation contribute, in an orderly manner, to increase the effective capacity and avoid chaotic situations and frustration among passengers.
| For the U.S. Delegation: Heidi Gómez Date: July 13, 2023 Place: Washington, DC |
For the European Union Delegation: Filip Cornelis |
Attachment 1
List of Participants
EU Delegation
European Commission
1. Mr Filip Cornelis, DG MOVE, Director E “Aviation”
2. Mr Carlos Bermejo Acosta, DG MOVE, Head of Unit E2“Aviation Agreements”
3. Mr Georg Hasslinger, DG MOVE, Policy Officer, Unit E2 “Aviation Agreements”
4. Mr Knut Simonsson, Legal Service
European External Action Service
5. Mr Gzim Ocakoglu, First Counsellor Mobility & Transport, Delegation of the European Union to the United States
EU Member States
6. Ms Ana Cristina Pais, ANAC Portuguese Civil Aviation Authority, Portugal
7. Ms Païvi Jamsa, Chief Specialist, Air Transport Markets unit, Services Dpt, Ministry of Transport and Communications, Finland
8. Mr Emmanuel Vivet, Chargé de mission, Accords européens de transport aérien, Direction Générale de l’Aviation Civile, France
9. Mme Florence Szeremeta, Chargé de mission, Accords européens de transport aérien, Direction Générale de l’Aviation Civile, France
10. Ms Janneke Tijsseling-Kolk, Sr Policy Officer, Ministry of Infrastructure and Water management, The Netherlands
11. Ms Gloria van der Fluit, Ministry of Infrastructure and Water management, The Netherlands
12. Ms Verena Cozac-Brendl, Civil Aviation Authority/L1 – Strategy and international affairs, Austria
13. Ms Cristina Mucina-Bauer, Civil Aviation Authority/L1 – Strategy and international affairs, Austria
14. Ms Leila Likkanen, Legal Adviser, Finnish Transport and Communications Agency Traficom, Finland
15. Ms Sabina Dolinšek Popadić, Head of Aviation division, Ministry of Infrastructure, Slovenia
16. Ms Mariya Kantareva Chief Expert International Relations, Directorate General Civil Aviation Administration, Republic of Bulgaria
17. Mr Sam Weissen, Transport Counselor, Luxemburg
18. Ms Klara Fogarasi, Counsellor, Ministry of Innovation and Technology, Hungary
19. Mr Tomás MacCarthaigh, Aviation services division, Transport Dept., Ireland
20. Mr Hendrik Schwarz, – International Air Transport – Civil Aviation Department Federal Ministry of Transport and Digital Infrastructure (BMVD) Germany
21. Mrs Jana Wendering, – International Air Transport – Civil Aviation Department Federal Ministry of Transport and Digital Infrastructure (BMVD) Germany
22. Mr Tomas Vokaty, Civil Aviation Dpt, Ministry of Transport, Czechia
23. Ms Esperanza Carretero Llorente, Chief of International Agreements services, Directorate General of Civial Aviation of Spain
24. Mr David Benito Astudillo, Directorate General of Civil Aviation of Spain
25. Mr David Llorente Ferreras, Directorate General of Civil Aviation of Spain
26. Ms Silvia Tron Vaquero, Directorate General of Civil Aviation of Spain
27. Mr Johnny Andersson, Jurist/Legal Adviser, Swedish Transport Agency, Sweden
28. Ms Ann-Kristin Hanssen, Senior Adviser, Norwegian Ministry of Transport and Communications, Norway
29. Mr Anders Stoltenberg Slettvold, Senior Adviser, Legal and Regulatory Affairs, Civil Aviation Authority, Norway
30. Mr Sigubergur Björnsson, Counsellor Transport, Mission of Iceland to the European Union, Iceland
Stakeholders
31. Mr Thomas Reynaert, Managing Director, Airlines for Europe (A4E)
32. Mrs Agnes Leroux, Policy Director, Airlines for Europe (A4E)
33. Mr Markus Linke, Head of Aeropolitical Relations & Traffic Rights, Lufthansa Group
34. Mr Ignacio Plaza, Deputy Secretary General & Legal Advisor, European Cockpit Association
35. Mr Frank Prillevitz, VP Government & Industry Affairs, KLM Royal Dutch Airlines
36. Mr Michiel Laumans, Coordinator International Affairs Air France/KLM
37. Mr Walter Reimann, Board Advisor Public Affairs & Lufthansa Group Traffic Rights Coordinator, Lufthansa Group
38. Mr Timo Koskinen, Manager, Government and Institutional relations, Finnair
39. Mrs Annette Groeneveld, President of the European Cabin Crew Association EurECCA
40. Mr Patrick Jeanne, European Express Association/Cargolux
41. Mr Richard Rio, Legal Counsel, European Express Association/Cargolux
U.S. Delegation
Department of State
42. Mr Richard Yoneoka, Deputy Assistant Secretary for Transportation Affairs
43. Mr David Williams, Director, Office of Aviation Negotiations
44. Mr Ryan Long, Aviation Negotiator, Office of Aviation Negotiations
45. Mr Jesse Tampio, Senior Attorney-Adviser, Office of the Legal Adviser
46. Ms Nicole Guillemard, Economic Associate, U.S. Embassy to the European Union
Department of Transportation
47. Mr Benjamin Taylor, Director for Negotiations, Office of International Aviation
48. Mr Joseph Landart, Air Services Negotiator, Office of International Aviation
49. Ms Jennifer Thibodeau, Senior Attorney, Office of the Assistant General Counsel for International Law
50. Ms Lauren Temmermand, Acting Division Chief, Pricing and Multilateral Affairs, Office of International Aviation
Department of Commerce
51. Mr Eugene Alford, Senior International Transportation Specialist, International Trade Administration
52. Ms Alina Moglan, Commercial Specialist, U.S. Embassy to the European Union
Federal Aviation Administration
53. Mr Kevin Welsh, Executive Director of the Office of Environment & Energy
54. Ms Minh Favila, Senior Representative to the European Union.
Stakeholders
55. Mr Matt Cornelius, Executive Vice President, Airports Council International-North America
56. Ms Katia De Loose, Director, Corporate Council, Atlas Air, Inc.
57. Mr Brian Hedberg, Lead Counsel, International Regulatory Affairs, FedEx
58. Ms Barbara Kostuk, Managing Director, Passenger Facilitation, Airlines for America
59. Mr Conor McAuliffe, Managing Director, European & Industry Affairs, United Airlines
60. Mr Kevin Montgomery, Consultant to Polar Air Cargo Worldwide, Inc.
61. Ms Julie Oettinger, Managing Director, International Regulatory and Policy, Delta Airlines
62. Mr David Semanchik, Regulatory Counsel & Senior Attorney, Airline Pilots Association
63. Mr Robert Wirick, Managing Director, International Government Affairs, American Airlines
Attachment 2
Agenda of the Joint Committee
| Welcome remarks |
| 1. Administrative section |
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| 2. Status of the Agreement |
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| 3. Industry presentation on market developments and recovery |
| 4. Regulatory and policy updates |
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| 5. Crew Visa Reciprocity |
| 6. Security and Safety |
| 7.COVID-19: update on applicable travel measures |
| 8. Russia: update on respective measures |
| 9. Any other business |
| 10. Concluding remarks and Action Agenda for the next JC |
| 11. Government-to-Government Session |
Attachment 3
Action Agenda
- 1. Implementation of the Agreement
- EU and United States to organize a technical meeting for the purpose of sharing their respective positions on Article 21 of the ATA.
- EU, United States, Norway, and Iceland to update each other on the status of their internal procedures to allow for the signing of the Protocols for the formal accession of Croatia to the ATA, and the entry into force of the Four-Party Agreement and the Wet-lease Agreement.
- United States to clarify the application of Title 14 of the Code of Federal Regulations (CFR) Parts 129 and 375 with respect to foreign air carrier operations.
2. Dispute Resolution
- EU and United States to organise a technical meeting on their respective domestic instruments concerning anti-competitive practices and their interaction with the ATA, in order to present a summary of their positions at the next Joint Committee.
3. Environment
- EU to coordinate and present responses to the U.S. communications with regard to Member States’ environmental taxes and U.S. requests to provide information in accordance with Article 15(2).
4. Crew visa
- United States to explore whether it is possible to waive the MRV fee for EU, Norwegian and Icelandic C1/D applications.
5. Functioning of the EU
- EU to organise a technical briefing about the EU’s institutional setup and principles.
6. ICAO
- EU and United States to continue close coordination to identify areas of mutual support for the 41st ICAO General Assembly.
7. No-Show Policy
- EU to organise an information session on the revision of Regulation EC 261/2004, and on accompanying interpretive guidelines.
Attachment 4
Joint Statement on the Application of U.S.-EU ATA
The U.S. and EU delegations recalled the U.S. statement at the 23rd Joint Committee in December 2020 with respect to the exit of the United Kingdom of Great Britain and Northern Ireland (“UK”) from the European Union and the implications for the 2007 U.S.-EU Air Transport Agreement, as amended, and the 2011 Four-Part ATA (“U.S.-EU ATAs”).
In this connection, the two delegations noted that since January 1, 2021 the Agreement on the European Common Aviation Area (“ECAA”) does not apply to the UK.
The delegations therefore confirmed their mutual understanding that language in the U.S.-EU ATAs referring to a “member of the ECAA as of the date of signature of this Agreement” (i.e., Article 3(1)(c)(ii); Article 3(3)(b); Article 3(5); Annex 4, Article 1(3); Annex 4, Article 2(2); Annex 6, Article 2)) has not applied to the UK since January 1, 2021.